Failure Rate. Notwithstanding that the warranties given in Section 9.1 ------------ ----------- above apply to 100% of OEM Products, Foundry and HP acknowledge that the failure rates listed in Exhibit D for each OEM Product are expected. If the actual --------- failure rate for OEM Products exceeds this expected rate, Foundry will provide additional engineering and technical support needed to bring the actual failure rate within the specified failure rate. Foundry will provide to HP on a monthly basis a failure report which details the root cause of failures on returned OEM Products.
Appears in 2 contracts
Sources: Oem Purchase Agreement (Foundry Networks Inc), Oem Purchase Agreement (Foundry Networks Inc)