Common use of Participation in Testing Clause in Contracts

Participation in Testing. The Owner has the right, but not the obligation, to witness and/or participate in any initial testing; provided that any such initial testing of Vendor Developments shall be subject to: (i) scheduling as reasonably determined by the Vendor; (ii) the qualification that the Owner's System meets the technical requirements for the testing of such Vendor Development as reasonably determined by the Vendor (or otherwise that the Owner is willing to update such System to meet such requirements); (iii) the Owner's acknowledgment that it shall be able to provide the resources necessary to implement the initial testing for such Vendor Development; and (iv) the Owner and the Vendor executing a verification office testing agreement that identifies the scope, terms, pricing, responsibilities and schedule related to the initial testing of such Vendor Development. The Vendor shall provide the Owner at least thirty (30) days prior written notice of its intent to test any such Vendor Development and upon the Owner's written request the Vendor shall allow the Owner to participate in such testing upon terms and in a testing environment reasonably acceptable to the parties at such time. Such rights shall not apply to a Vendor Development originated by another customer of Vendor which includes information which is proprietary to such other customer.

Appears in 2 contracts

Samples: Memorandum of Agreement (Leap Wireless International Inc), Memorandum of Agreement (Leap Wireless International Inc)

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Participation in Testing. The Owner has the right, but not the obligation, to witness and/or participate in any initial testingtesting of Vendor Developments; provided that any such initial testing of Vendor Developments shall be subject to: to (i) scheduling as reasonably determined by the Vendor; , (ii) the qualification that the Owner's System Expansions meets the Nortel Networks and Cricket Communications Proprietary and Confidential Information [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. technical requirements for the testing of such Vendor Development as reasonably determined by the Vendor (or otherwise that the Owner is willing to update such System Expansions to meet such requirements); , (iii) the Owner's acknowledgment that it shall be able to provide the resources necessary to implement the initial testing for such Vendor Development; , and (iv) the Owner and the Vendor executing a verification office testing agreement that identifies the scope, terms, pricing, responsibilities and schedule related to the initial testing of such Vendor Development. The Vendor shall provide the Owner at least thirty (30) days days' prior written notice of its intent to test any such Vendor Development and upon the Owner's written request the Vendor shall allow the Owner to participate in such testing upon terms and in a testing environment reasonably acceptable to the parties at such time. Such rights shall not apply to a Vendor Development originated by another customer of Vendor which includes information which is proprietary to such other customer.

Appears in 1 contract

Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)

Participation in Testing. The Owner has the right, but not the obligation, to witness and/or participate in any initial testing; provided that any such initial testing of Vendor Developments shall be subject to: to (i) scheduling as reasonably determined by the Vendor; , (ii) the qualification that the Owner's System meets the technical requirements for the testing of such Vendor Development as reasonably determined by the Vendor (or otherwise that the Owner is willing to update such System to meet such requirements); , (iii) the Owner's acknowledgment that it shall be able to provide the resources necessary to implement the initial testing for such Vendor Development; , and (iv) the Owner and the Vendor executing a verification office testing agreement that identifies the scope, terms, pricing, responsibilities and schedule related to the initial testing of such Vendor Development. The Vendor shall provide the Owner at least thirty (30) days days' prior written notice of its intent to test any such Vendor Development and upon the Owner's written request the Vendor shall allow the Owner to participate in such testing upon terms and in a testing environment reasonably acceptable to the parties at such time. Such rights shall not apply to a Vendor Development originated by another customer of Vendor which includes information which is proprietary to such other customer.

Appears in 1 contract

Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)

Participation in Testing. The Owner has the right, but not ------------------------ the obligation, to witness and/or participate in any initial testing; provided -------- that any such initial testing of Vendor Developments shall be subject to: to (i) ---- scheduling as reasonably determined by the Vendor; , (ii) the qualification that the Owner's System meets the technical [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. requirements for the testing of such Vendor Development as reasonably determined by the Vendor (or otherwise that the Owner is willing to update such System to meet such requirements); , (iii) the Owner's acknowledgment that it shall be able to provide the resources necessary to implement the initial testing for such Vendor Development; , and (iv) the Owner and the Vendor executing a verification office testing agreement that identifies the scope, terms, pricing, responsibilities and schedule related to the initial testing of such Vendor Development. The Vendor shall provide the Owner at least thirty (30) days days' prior written notice of its intent to test any such Vendor Development and upon the Owner's written request the Vendor shall allow the Owner to participate in such testing upon terms and in a testing environment reasonably acceptable to the parties at such time. Such rights shall not apply to a Vendor Development originated by another customer of Vendor which includes information which is proprietary to such other customer.

Appears in 1 contract

Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)

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Participation in Testing. The Owner has the right, but not the ------------------------ obligation, to witness and/or participate in any initial testingtesting of Vendor Developments; provided that any such initial testing of Vendor Developments -------- ---- shall be subject to: to (i) scheduling as reasonably determined by the Vendor; , (ii) the qualification that the Owner's System meets the technical requirements for the testing of such Vendor Development as reasonably determined by the Vendor (or otherwise that the Owner is willing to update such System to meet such requirements); , (iii) the Owner's acknowledgment that it shall be able to provide the resources necessary to implement the initial testing for such Vendor Development; , and (iv) the Owner and the Vendor executing a verification office testing agreement that identifies the scope, terms, pricing, responsibilities and schedule related to the initial testing of such Vendor Development. The Vendor shall provide the Owner at least thirty (30) days days' prior written notice of its intent to test any such Vendor Development and upon the Owner's written request the Vendor shall allow the Owner to participate in such testing upon terms and in a testing environment reasonably acceptable to the parties at such time. Such rights shall not apply to a Vendor Development originated by another customer of Vendor which includes information which is proprietary to such other customer.

Appears in 1 contract

Samples: Purchase Agreement (Leap Wireless International Inc)

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