Common use of Epidemic Failure Warranty Clause in Contracts

Epidemic Failure Warranty. Notwithstanding anything else to the contrary herein, if the Product demonstrates an Epidemic Failure at any time during the Term, AN▇▇▇▇▇▇ ▇ill, without prejudice to any other remedies Eton may have, reimburse ETON for direct and incidental and consequential costs associated with the Epidemic Failure, including labor costs associated with implementation of a recovery plan to the extent and in the amount provided AN▇▇▇▇▇▇ ▇rom its compensation from AN▇▇▇▇▇▇’▇ ▇MO Agreement. ETON will notify AN▇▇▇▇▇▇ ▇henever an Epidemic Failure is identified or suspected and work with AN▇▇▇▇▇▇ ▇o develop a recovery plan, which may include a preventative action plan if appropriate under the circumstances. The recovery plan actually implemented by ETON is in ETON’s sole discretion; provided, however that (i) ETON and AN▇▇▇▇▇▇ ▇ill work together to minimize costs associated with ETON’s recovery plan as much as possible without compromising ETON’s ability to aggressively respond to its customers’ needs and Applicable Law; and (ii) AN▇▇▇▇▇▇ ▇ill reimburse ETON for costs incurred by ETON in implementing that portion of the recovery plan associated with the Epidemic Failure.

Epidemic Failure Warranty. Notwithstanding anything else to the contrary herein, if the Product demonstrates an Epidemic Failure at any time during the Term, AN▇▇▇▇▇▇ ▇illANDERSEN will, without prejudice to any other remedies Eton may have, reimburse ETON for direct and incidental and consequential costs associated with the Epidemic Failure, including labor costs associated with implementation of a recovery plan to the extent and in the amount provided AN▇▇▇▇▇▇ ▇rom ANDERSEN from its compensation from AN▇AND▇▇▇▇▇’▇ ▇MO ▇O Agreement. ETON will notify AN▇▇▇▇▇▇ ▇henever ANDERSEN whenever an Epidemic Failure is identified or suspected and work with AN▇▇▇▇▇▇ ▇o ANDERSEN to develop a recovery plan, which may include a preventative action plan if appropriate under the circumstances. The recovery plan actually implemented by ETON is in ETON’s sole discretion; provided, however that (i) ETON and AN▇▇▇▇▇▇ ▇ill ANDERSEN will work together to minimize costs associated with ETON’s recovery plan as much as possible without compromising ETON’s ability to aggressively respond to its customers’ needs and Applicable Law; and (ii) AN▇▇▇▇▇▇ ▇ill ANDERSEN will reimburse ETON for costs incurred by ETON in implementing that portion of the recovery plan associated with the Epidemic Failure.