APPROVAL OF PHILIPS PRODUCTS Sample Clauses

APPROVAL OF PHILIPS PRODUCTS. Philips shall, at Philips' cost, provide HTS up to thirty-six (36) (as determined by HTS) production intent (pre-pilot) samples of each model Philips Product and DISH Branded Philips Product prior to their full-scale manufacture by Philips; provided, however, that HTS provides Philips with a list identifying HTS' intended use for each such sample. HTS will notify Philips in writing of the conformity or otherwise of that Philips Product or DISH Branded Philips Product to the Specifications within thirty (30) days of receipt by HTS of the Philips Product or DISH Branded Philips Product. Philips also shall, at Philips' cost, provide HTS up to thirty-six (36) (as determined by HTS) production samples of each model Philips Products and DISH Branded Philips Product prior to its full-scale manufacture by Philips; provided, however, that HTS provides Philips with a list identifying HTS' intended use for each such sample. HTS will notify Philips in writing of the conformity or otherwise of that Philips Product or DISH Branded Philips Product to the Specifications within fifteen (15) days of receipt by HTS of the Philips Product or DISH Branded Philips Product. The written test procedures and test plan that is used to determine conformity of the Philips Products and DISH Branded Philips Products to the Specifications ("Test Procedures and Plan"), a copy of which, in written form, will be attached hereto as Exhibit N) shall be furnished to Philips by HTS at least one hundred and twenty (120) days prior to the start of full-scale manufacture of the first Philips Products by Philips. If HTS reasonably determines that any of Philips' samples fail to meet the quality, performance and compatibility standards in the Test Procedures and Plan, then Philips shall promptly correct the deficiency before continuing the manufacture of the Philips Products and DISH Branded Philips Products. The examination by HTS of the conformity of the Philips Products and DISH Branded Philips Products to the Test Procedures and Plan shall not be construed as constituting a certification or warranty. Philips shall not be authorized to refer to HTS' examination in connection with the sale of the Philips Products or DISH Branded Philips Products as a certification or warranty by HTS, unless expressly agreed by HTS. HTS shall have no liability whatsoever arising from its examination of the Philips Products and DISH Branded Philips Products. Should HTS fail to provide to Philips the Test Procedures ...
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