Epidemic Failure Event means the occurrence of an Epidemic Failure.
Epidemic Failure Event means the Product failures (i) having a similar cause related to a particular component, verified by the supplier, and by OEM, or an independent third party on behalf of OEM, (ii) occurring at any time during the applicable warranty period (as set forth in Section 17) with respect to the particular Product (iii) resulting from defects in materials, workmanship, manufacturing process or design or failure to conform with the Specifications, (iv) [***]. Upon occurrence of an Epidemic Failure Event, the remedies of this Section 16 shall apply to the entire Product population affected by the root cause failure until corrective action is complete. Supplier’s obligation to ensure that components meet the Specification include, but are not limited to, incoming quality control, sub-tier audits, statistical process control, control of workmanship, outgoing quality inspection and all other relevant elements of quality set forth in this Agreement. Notwithstanding the foregoing, this Section 16 shall apply or be enforced with respect to third party components listed below only during the respective warranty period set forth in Section 17: [***] Upon occurrence of an Epidemic Failure Event, OEM shall promptly notify Supplier, and shall provide, if known and as may then exist, a description of the failure, and the *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. suspected lot numbers, serial numbers or other identifiers, and delivery dates, of the failed Products. OEM shall make available to Supplier, samples of the failed Products for testing and analysis. Upon receipt of product from OEM, Supplier shall promptly provide its preliminary findings regarding the cause of the failure. The parties shall cooperate and work together to determine the root cause. Thereafter, Supplier shall promptly provide the results of its root cause corrective analysis, its proposed plan for the identification of and the repair and/or replacement of the affected Products, and such other appropriate information. Supplier shall recommend a corrective action program which identifies the affected units for repair or replacement, and which minimizes disruption to the end user. OEM and Supplier shall consider, evaluate and determine the corrective action program. Upon occurrence of an Epidemic Failure Event, Supplier shall: (a) at OEM’s option: (i) e...
Epidemic Failure Event means Product failures (i) having the same or similar cause, verified by Vendor, Buyer, or an independent third party on behalf of Buyer, (ii) occurring within five (5) years after the date of delivery of the Product to Buyer, (iii) resulting from defects in materials, workmanship, manufacturing process, design, or failure to conform with the Buyer specifications, (iv) having a one-month failure rate equal to or in excess of the rate calculation defined as two times (2x) the most current, consecutive six-month (or any other mutually agreed upon, currently monitored duration) rolling average failure rate where the failure rate is calculated by dividing the number of unit failures by the unit population or installed base (Failure Rate = N unit failures / N unit population) (“Threshold Failure Rate”). The Threshold Failure Rate will apply to all Products unless Buyer and Vendor have agreed in writing to an alternative metric for a particular Product. Upon occurrence of an Epidemic Failure Event, the remedies in Sections 12.2 and 12.3 of this Order will apply to the entire Product population affected or potentially affected by the root cause failure (“Affected Product”).
Examples of Epidemic Failure Event in a sentence
Upon occurrence of an Epidemic Failure Event, the remedies of this Section 16 shall apply to the entire Product population affected by the root cause failure until corrective action is complete.
Upon occurrence of an Epidemic Failure Event, the remedies of Section 7.2(a) and Section 7.2(b) below shall apply to the entire Product population affected by the root cause failure until corrective action is complete.
Upon occurrence of an Epidemic Failure Event, the remedies in Sections 12.2 and 12.3 of this Order will apply to the entire Product population affected or potentially affected by the root cause failure (“Affected Product”).
In its decision to grant permission the Board did not attach a Section 48 condition.
Notwithstanding the foregoing, this Section 16 shall apply or be enforced with respect to third party components listed below only during the respective warranty period set forth in Section 17: [***] Upon occurrence of an Epidemic Failure Event, OEM shall promptly notify Supplier, and shall provide, if known and as may then exist, a description of the failure, and the *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission.
More Definitions of Epidemic Failure Event
Epidemic Failure Event means Product failures (i) having the same or similar cause, verified by the Vendor, by Xxxxx, or an independent third party on behalf of Buyer (ii) occurring within five (5) years after the date of delivery of the Product to Buyer (iii) resulting from defects in materials, workmanship, manufacturing process, design or failure to conform with the Buyer specifications,
Epidemic Failure Event means Contract Wafer failures (i) having the same or similar cause, verified by SMIC, by Spansion, or an independent third party on behalf of Spansion, (ii) occurring within three (3) years after the date of delivery of the Contract Wafers to Spansion, (iii) resulting from defects in materials, workmanship, manufacturing process, design or failure to conform with the Product Specifications, (iv) having a one-month failure rate equal to or in excess of two times (2x) the previous consecutive six-month (or any other mutually agreed upon, currently monitored duration) rolling average failure rate where such failure rates are calculated by dividing the number of Contract Wafer failures by the total number of Contract Wafers delivered to Spansion during the applicable period (Failure Rate = N Contract Wafers / N total number of Contract Wafers) (“Threshold Failure Rate”). The Threshold Failure Rate shall apply to all Contract Wafers unless Spansion and SMIC have agreed in writing to an alternative metric for a particular Lot. Upon occurrence of an Epidemic Failure Event, the remedies of Section 5.4(b) and Section 5.4(c) shall apply to the entire Lot(s) affected or potentially affected by the root cause failure (“Affected Lot”).
Epidemic Failure Event will mean Product failures or defects affecting [***] percent ([***]%) or more of any [***] (i) having a similar failure or defect, resulting from the same root cause, as reasonably agreed upon by both parties (ii) occurring at any time within the Warranty period with respect to the particular Product; and (iii) resulting from failures or defects in materials, workmanship, manufacturing process or design or failure to conform with the Specifications. [***]. Upon [***] an Epidemic Failure Event, the remedies of this Section 15 will apply to the entire Product population affected by the root cause(s) until corrective action is complete. Supplier’s obligation to ensure that components meet the Specifications include, but are not limited to, incoming quality control, sub-tier audits, statistical process control, control of workmanship, outgoing quality inspection and all other relevant elements of quality set forth in this Agreement. [***].
Epidemic Failure Event means the Product functional failures during the Warranty Period as set forth in this Agreement and (i) having the same or similar cause, verified by the Supplier and Sun, or an independent third party on behalf of Sun (ii) occurring within five (5) years after delivery of the Product; (iii) resulting from defects in materials, workmanship, manufacturing process or design or failure to conform with the Specifications, (iv) having a one month failure rate equal to or in excess of the rate calculation defined as two times (2x) the most current, consecutive five month (or any other mutually agreed upon, currently monitored duration) rolling average failure rate where the failure rate is calculated by dividing the number of unit fails by the unit population or installed base (Failure Rate = N unit failures / N unit population). The threshold set forth in Article 18.4.1(iv) shall apply to all Products unless Sun and Supplier have agreed to an alternative metric for a particular Product in the applicable Award Letter. Supplier shall have no obligation under this Article 18.4 due to the following events so long as they are not attributable to Supplier. For components contained within the Product that are designated in the Product Award Level Appendix 6: Material Categorization Appendix as “Sun AVL” or “Core” representing specification(s) by Sun for use in the Product and wherein the Supplier is not the AVL vendor for such components, Supplier shall have no obligation under Article 18.4.3 for the inappropriate specification of such component for its application or intended use. Supplier shall, however, have full
Epidemic Failure Event means the Product functional failures during the Warranty Period as set forth in this Agreement and (i) having the same or similar cause, verified by the Supplier and Sun, or an independent third party on behalf of Sun (ii) occurring within five (5) years after delivery of the Product; (iii) resulting from defects in materials, workmanship, manufacturing process or design or failure to conform with the Specifications, (iv) having a one month failure rate equal to or in excess of the rate calculation defined as two times (2x) the most current, consecutive five month (or any other mutually agreed upon, currently monitored duration) rolling average failure rate where the failure rate is calculated by dividing the number of unit fails by the unit population or installed base (Failure Rate = N unit failures / N unit population). The threshold set forth in Article 18.4.1
Epidemic Failure Event means the occurrence of the same failure resulting from a breach of the Product Warranty (excluding the [*] ([*]) month Product Warranty Period which is replaced by the [*] ([*]) month period in (ii) below) (i) attributable to the same root cause found in [*] percent ([*]%) or more of units of a particular Product, shipped by Supplier during a consecutive [*] ([*]) month period where such failure is verified by Supplier and Insulet, or an independent third party determined by Insulet subject to Supplier’s reasonable consent, such consent not unreasonably withheld; and (ii) occurring within [*] ([*]) months after the date of delivery of the Products.
Epidemic Failure Event means the occurrence of the same nonconformance (i) attributable to the same root cause found in five percent (5%) or more of units of a particular Product, with a minimum of twenty (20) units, shipped by Supplier during a consecutive three (3) month period where such nonconformance is verified by Supplier and by Medtronic, or an independent third party determined by Medtronic subject to Supplier’s reasonable consent, such consent not unreasonably withheld; (ii) occurring within fifteen (15) months after the date of delivery of such Products; and (iii) resulting from (w) defects in workmanship, including Supplier’s failure to identify defects in any components or materials that Supplier could have identified by following the Supplier’s documented processes (which have been provided to Medtronic) or such other mutually agreed to processes for inspection or testing at incoming inspection of such components and materials, or following agreed upon testing procedures for Products during Supplier’s manufacturing process or at final testing, but excluding Manufacturing defects that are Medtronic’s Responsibility (as defined below), (x) the Manufacturing process, (y) Supplier’s Manufacturing process design, or (z) Supplier’s failure to Manufacture the Product in accordance with the Specifications in effect at the time of production.