Common use of Unexpected Failures Clause in Contracts

Unexpected Failures. 5.4.1. For purposes of this Agreement, “Unexpected Failures” shall mean Product failures within the number of years specified in each Award Letter after the date of delivery of the Product, equal to or in excess of the specific Product failure rate (the “Unexpected Failure Rate”) set forth in each Award Letter, resulting from defects in materials, workmanship, manufacturing process, or design (but specifically excluding therefrom, any design provided by Sun), such defects to include, without limitation, components with inherent or latent defects.

Unexpected Failures. 5.4.1. For purposes of this Agreement, “Unexpected Failures” shall mean Product failures within the number of five (5) years specified in each Award Letter after the date of delivery of the Product, equal to or in excess of the specific Product failure rate (the “Unexpected Failure Rate”) set forth in each Award Letter, resulting from defects in Supplier-selected materials, workmanship, manufacturing process, or design (but specifically excluding therefrom, any design provided by Sun), such defects to include, without limitation, components with inherent or latent defects.