Test Failure Sample Clauses

Test Failure. If any Wafer or lot of Wafers fails incoming ------------ inspection or test, and if test failure is caused by an initial memory defect or any defect in the Process used by Toshiba, NMI may reject such lot or Wafer in writing within thirty (30) days after delivery and return such lot or Wafer to Toshiba, at Toshiba's expense, for a full refund. Wafers that fail only logic tests should not be returned to Toshiba. Wafers that fail reliability tests only because of a defect introduced in the Wafers after Toshiba has delivered the Wafers to the buyer shall not be returned to Toshiba. NMI will explain the reasons for wishing to reject a lot, and Toshiba will be entitled to examine any lot that NMI wishes to reject. The parties will seek in good faith to resolve any disagreement as to whether a lot is conforming.
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Test Failure a. The Contractor shall notify the Town of Oakland within 24 hours upon gaining knowledge of any failing test.
Sample 1
Test Failure. If any Wafer or lot of Wafers fails incoming inspection or test, and if test failure is caused by any defect in the Process used by Siemens, any defect in the Memory Module provided by Siemens or any other design core (if such core is provided by Siemens), NMI may reject such lot or Wafer in writing as soon as possible but at least within thirty (30) days after delivery and return such lot or Wafer to Siemens, at Siemens's expense, for a full refund. NMI will explain the reasons for wishing to reject a lot, and Siemens will be entitled to examine any lot that NMI wishes to reject. The parties will seek in good faith to resolve any disagreement as to whether a lot is conforming. For return shipment, NMI shall use reasonable commercial efforts to use Siemens's original packing, but in any event shall use commercially reasonable packaging, and supply all identifying shipping documents in order to avoid any deterioration of the goods.
Sample 1
Test Failure. If any Wafer or lot of Wafers fails incoming ------------ inspection or test, and if test failure is caused by any defect in the Process used by MELA, or any other design core provided by MELA, Centillium Communications, Inc. may reject such lot or Wafer in writing as soon as possible but at least within forty-five (45) days after delivery and return such lot or Wafer to MELA, at MELA's expense, for a full refund. Centillium Communications, Inc. will explain the reasons for wishing to reject a lot and MELA will be entitled to examine any lot that Centillium Communications, Inc. wishes to reject. The parties will seek in good faith to resolve any disagreement as to whether a lot is conforming. After mutual agreement for return shipment, Centillium Communications, Inc. shall use reasonable commercial efforts to use MELA original packing, but in any event shall use commercially reasonable packaging, and supply all identifying shipping documents in order to avoid any deterioration of the goods.
Sample 1

Related to Test Failure

  • Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Epidemic Failure The term “Epidemic Failure” means Product deficiencies resulting from defects in material, workmanship and/or manufacturing process that are in excess of one percent (1%) of the total number of Products shipped during any rolling six (6) month period.

  • Business Failure Any act by, against or relating to any Loan Party, or its property or assets, which act constitutes the determination by any Loan Party to initiate or acquiesce to: a program of partial or total self-liquidation; an application for, consent to, or sufferance of the appointment of a receiver, trustee, or other person, pursuant to court action or otherwise, with respect to all or any part of any Loan Party’s property; the granting of any trust mortgage or execution of an assignment for the benefit of the creditors of any Loan Party; any other voluntary or involuntary liquidation or extension of debt agreement for any Loan Party; the offering by, or entering into by, any Loan Party of any composition, extension, or any other arrangement seeking relief from or extension of the debts of any Loan Party; or the initiation of any judicial or non-judicial proceeding or agreement by, against, or including any Loan Party which seeks or intends to accomplish a reorganization or arrangement with creditors; and/or the initiation by or on behalf of any Loan Party of the liquidation or winding up of all or any part of any Loan Party’s business or operations.

  • Stability Testing Patheon may be requested to conduct stability testing on the Products in accordance with the protocols set out in the Specifications for the separate fees and during the time periods set out in Schedule C to a Product Agreement. Patheon will not make any changes to these testing protocols without prior written approval from Client. If a confirmed stability test failure occurs, Patheon will notify Client within one Business Day, after which Patheon and Client will jointly determine the proceedings and methods to be undertaken to investigate the cause of the failure, including which party will bear the cost of the investigation. Patheon will not be liable for these costs unless it has failed to perform the Manufacturing Services in accordance with the Specifications, cGMPs, and Applicable Laws. Patheon will give Client ail stability test data and results at Client’s request.

  • Payment Delay Notwithstanding any other terms of this Agreement, no payments will be made to CONTRACTOR until COUNTY is satisfied that work of such value has been rendered pursuant to this Agreement. However, COUNTY will not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute.

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • Termination for Failure to Close This Agreement shall automatically be terminated if the Closing Date shall not have occurred by July 7, 2016; provided, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any Party whose breach of any provision of this Agreement results in the failure of the Closing to have occurred by such time.

  • Warranty Period Except as may be otherwise specified or agreed, Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Substantial Completion of the Work. If Substantial Completion occurs by phase, then the warranty period for that the Work performed for each phase begins on the date of Substantial Completion of that phase, or as otherwise stipulated on the Certificate of Substantial Completion for the particular phase.

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