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 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.

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 [***] .

Examples of Excessive Failure in a sentence

• Supplier must notify Apple immediately if it has reason to believe that the Goods provided under this Agreement may (i) produce an Excessive Failure; (ii) produce an Environmental Compliance Failure; or (iii) present a Safety Risk.

• StarCare hereby establishes and defines Excessive Failure as a failure rate greater than one percent (1%) of the items specified and provided to a StarCare contractor by the vendor that becomes non-operational and/or unusable during the course of normal operation.

• 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.

• Excessive Failure: Should Goods shipped in any ninety (90)-day period to Flextronics or should all Goods cumulatively received by Flextronics experience a failure rate of the lesser of any defective-part-per-million specified in the Order or more than zero point three per cent (0.3% = 3000 DPPM s) fromVENDOR CODE: PSP000368 ORDER: 762A00841 PURCHASE OFFICE: P76201 PURCHASE OFFICE ORDER DATE:21072017 11:01 Pos Quantity Unit Item CRCode CC Project Unit Price Del.

• DSHS hereby establishes and defines Excessive Failure as a failure rate greater than one percent (1%) of the items specified and provided to a DSHS contractor by the vendor which becomes non-operational and/or unusable during the course of normal operation.

More Definitions of Excessive Failure

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

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 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. CONFIDENTIAL PROPRIETARY CONFIDENTIAL TREATMENT REQUEST

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

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.

Excessive Failure occurs when each of the following two conditions are satisfied:

Excessive Failure means (i) a repetitive and material failure 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] Parts Per Million (“PPM”) of any lot, batch, or other separately distinguishable group of Products; or (iii) a condition that in Motorola’s opinion presents a potential safety or regulatory issue. CONFIDENTIAL PROPRIETARY THE SECURITIES AND EXCHANGE COMMISSION HAS GRANTED CONFIDENTIAL TREATMENT WITH RESPECT TO THE OMITTED PORTIONS OF THIS AGREEMENT.