Common use of First Article Testing Clause in Contracts

First Article Testing. For each First Article, Supplier will perform the following testing in accordance with the requirements and sequence described below in this Section 4.3, at Supplier’s sole cost and expense. Supplier will perform all testing promptly and complete such testing as set forth in the applicable SOW. For each First Article, Supplier will inspect and test the First Article to determine if such First Article meets the then-current Specifications and BOM for that proposed Product as to each and every applicable test subject described below, is in Compliance in all other respects, and is otherwise suitable for Eargo’s business purposes as described in this Agreement and the applicable SOW, including as captured in any ECOs. A First Article will not be considered or eligible for consideration as an Approved First Article unless all testing outlined below is completed and successful results are achieved. Supplier will deliver the results of each and all testing to Eargo. Eargo reserves the right to independently conduct any tests or to validate Supplier’s reported test results in any instance against Eargo’s own findings or that of a third party testing provider engaged by Eargo. Eargo reserves the right to require Supplier to re-perform any tests for the First Article and Supplier will comply and re-perform such tests at Supplier’s sole cost and expense. Supplier agrees to and will promptly provide to Eargo, at Supplier’s sole cost and expense, all results of such testing and re-testing.