Excessive Failure definition

Excessive Failure means that one percent (1%) or more of any lot, batch or other separately distinguishable manufacturing run of Products delivered to Square is found to be defective with the same or similar defects.

Excessive Failure means (i) a verified repetitive and material failure in excess of [***] , of a Product to meet and operate in accordance with the applicable Product specifications [***], or (ii) a defect that occurs in more than [***] , or other separately distinguishable group of Products, [***]; or (iii) [***] . Notwithstanding the foregoing, in the event of an Excessive Failure under subsection (ii) above, Motorola’s remedies for Excessive Failure described in subsections (iii) and (iv) of the first paragraph of Section 6.9 of this Agreement shall not apply to field failures of new Products [***] .

Excessive Failure means the Failure Rate exceeds the Excessive Failure Threshold. “[*****]” has the meaning defined by the International Chamber of Commerce in its publication, Incoterms 2000; ICC Official Rules for the Interpretation of Trade Terms.

Examples of Excessive Failure in a sentence

• International organizations like WHO, have emphasized the importance of providing support for individuals who have mental health conditions caused by FGM/C.

• In addition to the costs above, in the event of an Excessive Failure of any of the Work delivered to SRTA, the TSI Contractor shall be liable for all costs incurred by SRTA, including but not limited to labor, materials, costs involved with lane closures, and administrative costs.

• Supplier shall notify Apple immediately if it has reason to believe that the Goods may produce an Excessive Failure or present a Safety Risk.

• If there is an Excessive Failure, an Environmental Compliance Failure, or the Goods present a Safety Risk, [CONFIDENTIAL TREATMENT REQUESTED] (i) reimburse Authorized Purchasers for [CONFIDENTIAL TREATMENT REQUESTED] (ii) if [CONFIDENTIAL TREATMENT REQUESTED] affected Goods; and (iii) [CONFIDENTIAL TREATMENT REQUESTED], promptly provide [CONFIDENTIAL TREATMENT REQUESTED].

• Supplier will not be liable under this Section 5.4 for an Excessive Failure or a Safety Risk to the extent (i) the Excessive Failure or Safety Risk is primarily attributable to [*****] or [*****] that could not reasonably have been implemented by Supplier in a way that would have avoided the Excessive Failure or the Safety Risk; or (ii) the Goods were subjected to abuse, misuse, negligence, accident or faulty repair after transfer of title to the Authorized Purchaser.

More Definitions of Excessive Failure

Excessive Failure means the Failure Rate exceeds the Excessive Failure Threshold.

Excessive Failure means (i) a [CONFIDENTIAL TREATMENT] of a Product to meet and operate in accordance with the applicable Product specifications; or (ii) a defect that occurs in more than [CONFIDENTIAL TREATMENT] Per Million (“PPM”) of [CONFIDENTIAL TREATMENT] of Products; or (iii) a condition [CONFIDENTIAL TREATMENT] safety or regulatory issue.

Excessive Failure shall have the meaning set forth in Sub-Section 8.7.1.

Excessive Failure is defined as a defect in function, labor or materials that is present in ten percent (10%) or more of any line item, listed in Tab 9 or Tab 10, as applicable, of Exhibit E (Pricing Schedules), which is placed into production.

Excessive Failure occurs when the Failure Rate exceeds the Excessive Failure Threshold. “Excessive Failure Threshold” is (i) [CONFIDENTIAL TREATMENT REQUESTED] for Excessive Failures due to the same or substantially same defect; and (ii) [CONFIDENTIAL TREATMENT REQUESTED] for Excessive Failures due to any defect or defects. [CONFIDENTIAL TREATMENT REQUESTED] has the meaning defined by the International Chamber of Commerce in its publication, Incoterms 2000; ICC Official Rules for the Interpretation of Trade Terms.

Excessive Failure is defined is Section 2.2 of Exhibit E.

Excessive Failure means subject to Section 8.2 (Warranty Exceptions) of this Agreement and during the Warranty Period, failure rate of a Good delivered to Eargo except for assign part, and design problem from Eargo, equal to or more than [***] during [***] due to the same Single-Root-Cause.