Common use of Procedure for Epidemic Failure Clause in Contracts

Procedure for Epidemic Failure. If a Repaired Product shows evidence of an Epidemic Condition, each Party shall notify the other Party within two (2) Business Days of becoming aware of such Epidemic Condition. Upon notification to Flextronics of the Epidemic Condition, Nortel Networks shall have the right, pending correction of the Epidemic Condition as provided herein, to postpone further shipments of such Repaired Product evidencing the Epidemic Condition, by giving notice of such postponement to Flextronics. Until such Epidemic Condition is corrected, Flextronics shall negotiate a remedy in good faith within a commercially reasonable period of time with Nortel Networks which may include acquiring Class A material in order to fulfill it’s obligations under this Agreement provided that such Epidemic Condition has been caused solely by Flextronics or Flextronics’ suppliers.

Appears in 3 contracts

Sources: Master Repair Services Agreement (Nortel Networks LTD), Master Repair Services Agreement (Nortel Networks LTD), Master Repair Services Agreement (Nortel Networks Corp)