Testing by Third Party Clause Samples
The "Testing by Third Party" clause establishes the right or requirement for an independent, external party to conduct tests or inspections on goods, services, or processes covered by the agreement. Typically, this clause outlines the circumstances under which third-party testing may occur, who selects and pays for the third party, and how the results are to be used or shared between the parties. Its core function is to provide an objective assessment of compliance or quality, thereby reducing disputes and ensuring that contractual standards are met.
Testing by Third Party. If ▇▇▇▇▇▇▇▇ provides notice to WinStar pursuant to Subsection 7.5(a)(ii), and the parties are unable to otherwise mutually agree, the parties shall appoint a mutually acceptable fiber optic testing company and such company shall re-test the applicable System Segment Portion of the WinStar Fibers. If that test demonstrates that the tested System Segment Portion of the WinStar Fibers meet the Acceptance Standards without any changes to such portion by ▇▇▇▇▇▇▇▇ as tested by WinStar, then WinStar shall pay the testing company's charges and shall be deemed to have accepted the relevant System Segment Portion of the WinStar Fibers. If that test demonstrates that the relevant System Segment Portion of the WinStar Fibers do not meet the Acceptance Standards or that they do meet the Acceptance Standards due to changes made by ▇▇▇▇▇▇▇▇ following WinStar's acceptance testing, then ▇▇▇▇▇▇▇▇ shall pay the testing company's charges for performing the testing and shall perform the corrective action and re-testing set forth in Subsection 7.5(a)(i).
Testing by Third Party. If Impsat provides notice to 360americas pursuant to Subsection 5.05(A)(2), the parties shall appoint a mutually acceptable fiber optic testing company and such company shall re-test the applicable Segment of the IRU Fibers. If that test demonstrates that the tested Segment of the IRU Fibers meets the Fiber Specifications (without regard to any changes to such portion by Impsat after the testing that gave rise to such notice) as tested by 360americas, then 360americas shall pay the testing company's charges and shall be deemed to have accepted the relevant Segment of the IRU Fibers. If that test demonstrates that the relevant Segment of the IRU Fibers does not meet the Fiber Specifications or that it does meet the Fiber Specifications as the result of changes made by Impsat after the testing that gave rise to such notice, then Impsat shall pay the testing company's charges for performing the testing and shall perform the corrective action and re-testing set forth in Subsection 5.05(A)(1).