Epidemic Failure

Example Definitions of "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.
Epidemic Failure. Means the occurrence of common or repetitive failures of a Product to meet and operate in accordance with the applicable Nutanix specifications (i) that can be shown to be reproducible based on the occurrence of the same or similar root cause in a series, lot, batch or other separately distinguishable group of such Products where Avnet's failure to perform the Services as described is determined to be a cause of failure and (ii) [***], or otherwise has or will result in a condition in which... either Party's reasonable opinion presents a potential safety or regulatory issue. View More
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