CONSISTENT FAILURES Clause Samples

CONSISTENT FAILURES. Notwithstanding any disclaimer of warranties herein, where delivered Products repeatedly exhibit Defect failure rates during the warranty period with regard to any particular model of Product (i.e. any lot, batch, or other separately distinguishable group of Product sold or delivered to the End-user or remaining in inventory has more than ***of the same or similar Defect, or *** failure due to cumulative Defects), Seller and Buyer shall immediately initiate a joint program for appropriate countermeasures and, in addition to any other remedy ultimately available to Buyer under this Agreement or otherwise, Buyer shall have the option to exercise any of the following rights, individually or cumulatively:

Related to CONSISTENT FAILURES

  • Correction No corrections shall be made in the tender documents. Any corrections that are to be made shall be made by crossing the incorrect portion and writing the correct portions above with the initials of tenderer.

  • CONSULTATION REGARDING MAJOR WORKPLACE CHANGE 8.1 Consultation Prior to a Definite Decision Being Made (a) Where an Employer is considering making a decision to introduce major change, the Employer may choose to discuss with the Employees who may be affected and their Employee representative/s, which may include the Union/s, prior to making the decision to introduce change. (b) It is agreed that Employees may be able to offer valuable solutions and/or alternative solutions before major changes are made. (c) Where an Employer chooses to consult with Employees who are likely to be affected by a decision to introduce major change, consultation can be informal and is not required to be in writing. 8.2 Consultation After a Definite Decision has Been Made (a) Where an Employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, the Employer must notify the Employees who may be affected by the proposed changes and their representatives, which may include the Union/s. (b) Significant effects include termination of employment; major changes in the composition, operation or size of the Employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of Employees to other work or locations; and the restructuring of jobs. Provided that where the Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

  • Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through ▇▇▇ for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

  • Self Scheduling The Home and the Union may agree to implement a self-scheduling process. Self-scheduling is the mechanism by which employees in a Home create their own work schedules. The purpose of self scheduling is to improve job satisfaction and quality of work life for the participating employees. Self scheduling requires a collaboration of employees and management to ensure proper coverage of the Home and to meet the provisions of the Collective Agreement. It is agreed that self scheduling will be negotiated locally by the Home and the Union and will include a trial period. Each Home must have the majority agreement of the full-time and part-time employees who vote on the issue to agree on a trial period of up to six months. Once the trial period is complete, each Home must have a minimum of 66⅔% agreement of the full-time and part-time employees who vote on the issue to continue with the new schedule on a permanent basis.

  • Meteorological Data Reporting Requirement (Applicable to wind generation facilities only)