Persistent Supply Failure

Persistent Supply Failure. Shall mean: (a) during the *[REDACTED] period beginning on the first day of the Initial Shipment Month of a Product (the "New Product Phase"), either: (i) *[REDACTED] Failures to Supply said Product; or (ii) *[REDACTED] Failures to Supply said Product in any period of *[REDACTED]; and (b) after expiration of the period specified in the preceding paragraph (a): (i) *[REDACTED] Failures to Supply any Product that is beyond the New Product Phase in any period of *[REDACTED]; or (ii) *[REDACTED]... Recall incidents in any period of *[REDACTED] resulting from any Product that is beyond the New Product Phase supplied by UBI that does not conform to the Product Warranty (other than as a result of failure of any HHS-Supplied Material delivered to UBI that does not conform to the HHS Warranty); except, in each case, in the event that a remedial action plan to address the issue pursuant to Section 3.15 has been approved and UBI is complying with such remedial action plan. For purposes of the foregoing, *[REDACTED]. In addition, *[REDACTED] for purposes of Section 1.24(b) View More