Common use of Standards Compliance Testing Clause in Contracts

Standards Compliance Testing. LICENSEE represents and warrants that the Subscriber Units and Components that it makes or has made will adhere with and conform to, in all respects, the specifications contained in the CAI implemented by such Subscriber Units and adopted in the territory in which such Subscriber Units are intended to be used and that LICENSEE shall comply with the rules, regulations or other requirements set by such authorized standards body. LICENSEE shall, at QUALCOMM’s reasonable written request, permit QUALCOMM or entities designated by QUALCOMM and accepted by LICENSEE, which acceptance shall not be unreasonably withheld or delayed, to perform tests of LICENSEE’s Subscriber Units to ensure compliance and conformity with the applicable CAI. If such tests indicate material noncompliance or nonconformity therewith, such tests shall be at LICENSEE’s cost and LICENSEE shall reimburse QUALCOMM for any such reasonable tests performed by QUALCOMM at QUALCOMM’s then standard rates for such services; provided that the total fees for each such test performed shall not exceed [***] for each test. Nonconforming Subscriber Units, if any, shall not be sold or marketed by LICENSEE until the non-conformity is corrected.

Standards Compliance Testing. LICENSEE represents and warrants that the Subscriber Units Licensed Products and Components that it makes or has made will adhere with and conform to, in all respects, the specifications contained in the CAI implemented by such Subscriber Units Licensed Products and adopted in the territory in which such Subscriber Units Licensed Products are intended to be used and that LICENSEE shall comply with the rules, regulations or other requirements set by such authorized standards body. LICENSEE shall, at QUALCOMM’s reasonable written request, permit QUALCOMM or entities designated by QUALCOMM and accepted by LICENSEE, which acceptance shall not be unreasonably withheld or delayed, to perform tests of LICENSEE’s Subscriber Units Licensed Products to ensure compliance and conformity with the applicable CAI. If such tests indicate material noncompliance or nonconformity therewith, such tests shall be at LICENSEE’s cost and LICENSEE shall reimburse QUALCOMM for any such reasonable tests performed by QUALCOMM at QUALCOMM’s then standard rates for such services; provided that the total fees for each such test performed shall not exceed Costs [***] for each test]. Nonconforming Subscriber UnitsLicensed Products, if any, shall not be sold or marketed by LICENSEE until the non-conformity is corrected.