Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Goods, parts, upgrades, materials, labor, transportation, and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether HP initiates a field stocking recall or customer-based recall or retrofit, including Goods in distribution inventory and HP’s installed base. Supplier, at its expense, will ensure that such Goods, parts, or updates have the highest shipping priority. HP reserves the right to procure, upon terms it deems appropriate, similar goods to substitute the affected Goods, and Supplier shall promptly reimburse HP for all costs, charges, prices, and fees paid in purchasing the substitute goods.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Goods, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Seller, regardless of whether Xxxxxxx initiates a field stocking recall or customer based recall or retrofit, including Goods in distributor inventory and Madison’s installed base. Seller, at its expense, will ensure that such Goods, parts or upgrades have the highest shipping priority. Xxxxxxx reserves the right to procure, upon terms it deems appropriate, similar goods to substitute the affected Goods, and Seller shall promptly reimburse Madison for all costs, charges, prices and fees paid in purchasing the substitute goods.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether Micro Focus initiates a field stocking recall or customer based recall or retrofit, including Products in distributor inventory and Micro Focus’ installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether AMOGY initiates a field stocking recall or customer based recall or retrofit, including Products in distributor inventory and AMOGY’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. AMOGY reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse AMOGY for all costs, charges, prices and fees paid in purchasing the substitute products.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Goods, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Seller, regardless of whether DAS initiates a field stocking recall or customer-based recall or retrofit, including Goods in distributor inventory and DAS’ installed base. Seller, at its expense, will ensure that such Goods, parts or upgrades have the highest shipping priority. DAS reserves the right to procure, upon terms it deems appropriate, similar goods to substitute the affected Goods, and Seller shall promptly reimburse DAS for all costs, charges, prices and fees paid in purchasing the substitute goods.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Goods, parts, upgrades, materials, labor, transportation, and inventory replacement arising from an Epidemic Failure shall be borne by Seller, regardless of whether NovelAire initiates a field stocking recall or customer-based recall or retrofit, including Goods in distributor inventory and NovelAire’s installed base. Seller, at its expense, will ensure that such Goods, parts, or upgrades have the highest shipping priority. NovelAire reserves the right to procure, upon terms it deems appropriate, similar goods to substitute the affected Goods, and Seller shall promptly reimburse NovelAire for all costs, charges, prices, and fees paid in purchasing the substitute goods.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products
8.1 If Supplier fails to perform or breaches any provision of this Order, or any other order or agreement with DXC, DXC may terminate the whole or any part of this Order, unless Supplier cures the breach within ten (10) business days after receipt of DXC’s notice of breach. The term “breach” shall include, without limitation, any: (i) proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against Supplier; (ii) appointment, with or without Supplier’s consent, of a receiver or an assignee for the benefit of creditors; (iii) failure to provide DXC with reasonable assurances of performance on DXC’s request; or
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether Micro Focus initiates a field stocking recall or customer based recall or retrofit, including Products in distributor inventory and Micro Focus installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. Micro Focus reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse Micro Focus for all costs, charges, prices and fees paid in purchasing the substitute products.
