Definition and Process Sample Clauses

Definition and Process. In the event that, during the [****] period after delivery of a Product, a substantially similar repetitive root cause, failure mode or defect occurs in such Product indicating a common or systemic failure (an “Epidemic Failure”), the terms set forth in this Article 17 shall apply. The parties agree that no defect will constitute an Epidemic Failure unless, at a minimum, such defect would have been covered by Supplier‘s Product warranty as set forth in Section 16.1 if it had occurred during the Warranty Period. (i) The party that discovers the failure will notify the other promptly; provided, however, that in the event Supplier discovers a failure that creates a risk of injury or death, Supplier will immediately notify Cisco and will also provide Cisco with written notice within twelve (12) hours of any notification made by Supplier to any governmental body responsible for regulation of product safety; (ii) Supplier shall provide to Cisco a preliminary plan for problem diagnosis within one (1) business day of the notification, which plan Supplier will revise on Cisco’s request; (iii) Supplier and Cisco will use commercially reasonable efforts to diagnose the problem, plan an initial work-around and effect a permanent solution; and (iv) Supplier and Cisco will mutually agree on a plan for customer notification, replacement scheduling and remediation, which may include field removal, return and reinstallation, work in process (“WIP”), inventory replacement, and repair, or retrofitting, regardless of location or status of WIP completion. Notwithstanding the foregoing Cisco may undertake any and all action necessary independently of Supplier.

Definition and Process. In the event that during the five (5) year period after delivery of a Product an Epidemic Failure occurs in a Product, the following terms shall apply: (i) The party that discovers the failure will notify the other promptly; provided, however, that in the event Supplier discovers a failure that creates a risk of injury or death, Supplier will immediately notify Cisco and will also provide Cisco with written notice within twelve (12) hours of any notification made by Supplier to any governmental body responsible for regulation of product safety; (ii) Supplier shall provide to Cisco a preliminary plan for problem diagnosis within one (1) business day of the notification, which plan Supplier will revise on Cisco’s request; (iii) Supplier and Cisco will use commercially reasonable efforts to diagnose the problem, plan an initial work-around and effect a permanent solution; and (iv) Supplier and Cisco will mutually agree on a plan for customer notification, replacement scheduling and remediation, which may include field removal, return and reinstallation, work in process (“WIP”), inventory replacement, and repair, or retrofitting, regardless of location or status of WIP completion. Notwithstanding the foregoing Cisco may undertake any and all action necessary independently of Supplier.

Definition and Process. A grievance is defined as a dispute or complaint arising between the parties hereto under or out of this Agreement or in the interpretation, application, performances, termination, or any alleged breach hereof, and shall be processed and disposed of in the following manner: Step 1. Within a reasonable time, i.e., within five (5) working days of the occurrence giving rise to the grievance, or within five (5) working days of the employee becoming aware of the occurrence giving rise to said grievance, the employee having the grievance shall take it up with his immediate supervisor. The Employer shall give its answer to the employee, and/or the Union representative, within five (5) working days after the presentation of the grievance in Step 1. Step 2. If the grievance is not resolved in Step 1, the grievance shall be reduced to writing (setting forth the alleged violation and relief sought), signed by the grievant and Union representative, and presented to the ▇▇▇▇ County Director of Transportation (hereinafter referred to as the “Director”) or his designee. The Union will schedule a grievance meeting with the Director, or his designee, at a mutually agreeable time and place in order to resolve the grievance. A grievance presented in Step 2 shall be answered in writing by the Superintendent, or his designee, within five (5) working days after the conclusion of the grievance meeting. Step 3. If the grievance is not resolved in Step 2, the grievant may, within five (5) working days after receiving the answer in Step 2, pursuant to the provisions of Article 9 herein, elect to present his grievance to an impartial grievance panel for final and binding resolution.

Definition and Process