Epidemic Failure. “Epidemic Failure” shall mean the occurrence of one or more material failures in Hardware (including in any embedded Firmware) supplied by Supplier during its Hardware Warranty Period (as defined below), due to a single root cause, discovered either in testing or in the field at a failure rate over any roiling 90 day period exceeding five percent (5%) of such Hardware delivered during such period.
Appears in 3 contracts
Sources: Oem Supply Agreement, Oem Supply Agreement (Control4 Corp), Oem Supply Agreement (Control4 Corp)