Test Products. If the parties mutually agree to commercialize a Test Product in the Territory, they shall discuss in good faith any appropriate adjustments to the terms and conditions of any applicable Direct License or JV License entered into pursuant to clause 2.2 or the Distribution Agreement that are necessary to enable the JV to commercialize such Test Product, as well as any appropriate adjustments to clause 2.2 or the definitions of the License Agreement, Direct License, JV License and/or Distribution Agreement (or the definitions of terms referenced therein). Any such adjustment shall be effective only following the execution by both parties of a written amendment to one (1) or more of: this agreement, any applicable Direct License or JV License entered into pursuant to clause 2.2 or the Distribution Agreement, as applicable. For clarity, it is not anticipated that any such adjustment will involve changes to any portions of this agreement other than clause 2.2 or the definitions of Direct License, JV License, License Agreement and/or Distribution Agreement (or the definitions of terms referenced therein).
Test Products. Com21 agrees to provide to Philips, for no longer than four (4) months, as a bailee, one (1) unit of each New Com21 Product to perform qualification testing. All New Com21 Products furnished by Com21 to Philips under this Section 2.3.1.1 (Test Products) ("Bailed Property") shall: (i) be clearly marked or tagged as Com21's property; (ii) be and remain personal property and not become a fixture to real property; (iii) be subject to inspection by Com21 at any time; (iv) be used only for qualification testing by Philips; (v) be kept free of liens and encumbrances; (vi) be kept separate from other materials, tools or property of or held by Philips; (vii) not be modified in any manner by Philips; and (viii) shall be stored in a safe place and environment. In the event Philips uses the Bailed Property for any purpose other than to conduct qualification testing as specified herein without Com21's prior written consent, Philips agrees to purchase such Bailed Property at Com21's list price for such Bailed Property. Com21 shall retain all rights, title and interest in and to the Bailed Property and Philips agrees to treat and maintain the Bailed Property with at least the same degree of care as Philips uses with respect to its own valuable equipment. Philips shall bear all risk of loss or damage to the Bailed Property until it is returned to Com21. Upon Com21's request, Philips shall promptly return and deliver all Bailed Property to Com21 in good condition, normal wear and tear excepted, without cost to Com21 (exclusive of freight costs); Com21 shall determine the manner and procedure for returning the Bailed Property and shall pay the corresponding freight costs. Philips waives any legal or equitable right it may have to withhold the Bailed Property and Philips agrees to execute all documents or instruments evidencing Com21's ownership of the Bailed Property as Com21 may from time to time request.
Test Products. Distributor shall make available Products that are used or sold by Operators in connection with any tests to be conducted by an Operator at any Retail Outlet (“Test Products”).
Test Products. Cisco agrees to provide to Interphase, as a bailee, such Cisco router, switch and concentrator products with FDDI interfaces, as determined by Cisco in its sole discretion, to perform the interoperability testing in accordance with the Interoperability Testing Guidelines. All products including, without limitation, designs and materials, furnished by Cisco to Interphase under this Section 10.1 (Test Products) ("Bailed Property") shall: (i) be clearly marked or tagged as Cisco's property; (ii) be and remain personal property and not become a fixture to real property; (iii) be subject to inspection by Cisco at any time; (iv) be used only for interoperability testing among the FDDI Adapter Products; (v) be kept free of liens and encumbrances; (vi) be kept separate from other materials, tools, or property of or held by Interphase; (vii) not be modified in any manner by Interphase; and (viii) shall be stored in a safe place and environment. In the event Interphase uses the Bailed Property for any purpose other than to conduct interoperability testing as specified herein without Cisco's prior written consent, Interphase agrees to purchase such Bailed Property at Cisco's list price for such Bailed Property. Cisco shall retain all rights, title and interest in the Bailed Property, and Interphase agrees to treat and maintain the Bailed Property with at least the same degree of care as Interphase uses with respect to its own valuable equipment. Interphase shall bear all risk of loss or damage to the Bailed Property until it is returned to Cisco. Upon Cisco's request, Interphase shall promptly return and deliver all Bailed Property to Cisco in good condition, normal wear and tear excepted, without cost to Cisco (exclusive of freight costs); Cisco shall determine the manner and procedure for returning the Bailed Property and shall pay the corresponding freight costs. Interphase waives any legal or equitable right it may have to withhold the Bailed Property and Interphase agrees to execute all documents or instruments evidencing Cisco's ownership of the Bailed Property as Cisco may from time to time request.
Test Products. Prior to manufacturing any batch of Product, Supplier will manufacture [***] test plates using the batch of Antibody and batch of Uncoated Plates provided by Buyer that Supplier will use to manufacture the new batch of Product. Supplier shall perform quality control inspection and testing of the test plates in order to confirm their compliance with the Specifications and the adequacy of their performance in running the T-SPOT.TB assay. All such testing shall be completed within twenty-one (21) calendar days of Buyer’s delivery to Seller of a firm order and the delivery of the Antibody and Uncoated Plates to be used to manufacture the firm order. Supplier shall promptly notify the Buyer in writing of the results of such testing. If the test plates are satisfactory, Supplier shall use that batch of Antibody and that batch of Uncoated Plates to manufacture the batch of Product covered by the firm order. If the test plates are not satisfactory, Buyer may either request preparation of additional test plates from the same batch of Antibody and the same batch of Uncoated Plates or may replace the batch of Antibody and batch of Uncoated Plates (or either of them) with a fresh batch before having new test plates prepared. If Buyer requests that additional test plates be prepared from the same batches of components and the second set of test plates is also unsatisfactory, Buyer may, in addition to providing fresh batches of Antibody and Uncoated Plates, invoke the root cause analysis/defective Product resolution procedure set forth in Clause 7.6 hereof. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
