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2025-07-21 22:17本頁(yè)面
  

【正文】 by Company to Supplier or Company39。s written instructions. (b) Ship all subsequent MATERIAL incorporating the required modification correcting the defect(s) at no additional charge to Company。s customers39。s then current agreement with Company for said MATERIAL or Parts or, if no such agreement exists, at a price agreed upon by Company and Supplier. If the parties fail to agree on a price, the price shall be a reasonably petitive price for said MATERIAL or Parts at the time for delivery. The MATERIAL and Parts shall be warranted as set forth in the WARRANTY section of this Agreement. The term Parts is included in the term MATERIAL. In the event Supplier fails to supply such MATERIAL or Parts and Supplier is unable to obtain another source of supply for Company, then Company and Supplier shall endeavor to develop an alternative method of provisioning MATERIAL or parts, which* Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.PAGE 6 Agreement No. SC11990054 Sheet 6 of 28 may include licensing Manufacturing Rights to Company. At that time, both parties shall determine necessary measures required for Company to obtain MATERIAL under this license.19. DEFAULT If either Supplier or Company shall be in breach or default of any of the terms, conditions or covenants of this Agreement or of any purchase order, and if such breach or default shall continue for a period of thirty (30) days after the giving of written notice to the other party then, in addition to all other rights and remedies which each party may have at law or equity or otherwise, Supplier or Company shall have the right to cancel this Agreement and/or any purchase orders placed by Company without any charge to or obligation or liability of either party.20. ELECTRONIC DELIVERY SERVICE Supplier agrees, if requested by Company, to implement Electronic Delivery Service (EDS) ordering arrangements as an electronic means of trading business document with Company when it can reasonably acplish the task. The electronic business documents include purchase orders, acknowledgments, purchase order changes, ship notices, remittance advice, or such purchasing munications as may be requested by Company for transaction under this Agreement.21. EPIDEMIC CONDITION If during the term of this Agreement and for [*] after the last shipment date of MATERIAL under this Agreement Company notifies Supplier that MATERIAL shows evidence of an Epidemic Condition, Supplier shall prepare and propose a Corrective Action Plan (CAP) with respect to such MATERIAL within fifteen (15) working days of such notification, addressing implementation and procedure milestones for remedying such Epidemic Condition(s). An extension of this timeframe is permissible upon mutual written agreement of the parties. Upon notification of the Epidemic Condition to Supplier, Company shall have the right to postpone all or part of the shipments of unshipped MATERIAL, by giving written notice of such postponement to Supplier, pending correction of the Epidemic Condition. Such postponement shall temporarily relieve Supplier of its shipment liability and Company of its shipment acceptance liability. Should Supplier not agree to the existence of an Epidemic Condition or should Company not agree to the CAP, then Company shall have the right to suspend all or part of its unshipped orders without liability to Company until such time as a mutually acceptable solution is reached. An Epidemic Condition will be considered to exist when one or more of the following conditions occur: (1) Failure reports or statistical samplings show that MATERIAL shipped contain a potential safety hazard (such as personal injury or death, fire, explosion, toxic* Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.PAGE 7 Agreement No. SC11990054 Sheet 7 of 28 emissions, etc.), or exhibit a highly objectionable symptom (such as emissions of smoke, loud noises, deformation of housing) or other disconcerting symptoms of this type. (2) Reliability plots of relevant data indicate that the MATERIAL has actual Mean Time Between Failures (MTBF) of less than 80% of the MTBF stipulated in the Specification. The MTBF parameter of MATERIAL is defined as the total operating or poweron time of any population under observation (T), in hours, divided by the total number of critical failures (n) that have occurred during the observed period. A critical failure is defined as a failure to operate per the requirements of the Specification. The total operating time of a population is the summation of operating time of individual units in that population. MTBF is expressed as MTBF = T/n. An Epidemic Condition shall exist when data derived from populations being tracked confirms the condition with 80% confidence. (3) MATERIAL Dead on Arrival (DOA) failures exceed the Epidemic DOA failure rate which is defined as x DOA specified in the section of this Agr
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