Common use of Certification Required Clause in Contracts

Certification Required. AACS LA shall provide notice promptly to Adopter of the anticipated commencement date of Compliance Testing by an Authorized Certification Entity. Adopter shall be required to commence Compliance Testing, including for then-currently shipping product models and all future models, thirty (30) days after receiving notice from AACS LA of the actual date that an Authorized Certification Entity will be available for Compliance Testing (such required date, the “Certification Requirement Date”). Adopter may continue to ship models that were first shipped prior to the Certification Requirement Date, provided that if the Certification Entity notifies Adopter in writing that any such model has failed the Compliance Testing, Adopter may seek arbitration in a manner consistent with Section 3.1.4, and if Adopter does not seek or loses such arbitration, shall promptly cease shipping such model, or cease activating Robust Inactive Products through a Periodic Update to become such model until it passes Compliance Testing in accordance with the procedures set forth below. Except as otherwise provided above, Adopter may not, after the Certification Requirement Date, sell or distribute a Licensed Product to the public, or cause a Licensed Product to be sold or distributed to the public, unless and until such Licensed Product is an Acknowledged Product or is a Licensed Content Product. The procedures for obtaining an Acknowledgement of Compliance Testing shall be made available to Fellow Adopters by AACS LA. 3.1.1 Subject to Section 3.1.2, Compliance Testing shall be performed by an Authorized Certification Entity, either at a test facility designated by the Authorized Certification Entity or at the Adopter’s facility. A completed Certification Questionnaire shall be submitted to the Authorized Certification Entity at the time of Compliance Testing. 3.1.2 Adopter may, at its option, perform its own Compliance Testing on a Test Unit for those Test Criteria for which it is Self-Certification Eligible. Adopter shall submit the results of such Compliance Testing, along with its completed Certification Questionnaire, to the Authorized Certification Entity for confirmation, completion of Certification Testing for any remaining Test Criteria for which Adopter has not done its own Certification Testing, and issuance of an Acknowledgement of Compliance Testing if all applicable requirements are met. 3.1.2.1 The Limited Safe Harbor provisions of Section 3.3 shall not apply to those aspects of an Acknowledged Product that are the subject of the Test Criteria for which Adopter has performed its own Compliance Testing in reliance on Section 3.1.2, but shall apply to those aspects of an Acknowledged Product that are the subject of the Test Criteria (if any) performed by the Authorized Certification Entity. 3.1.2.2 If the results of Compliance Testing or the completed Certification Questionnaire submitted pursuant to this Section 3.1.2 are discovered to be materially inaccurate, Adopter shall no longer be Self-Certification Eligible. 3.1.2.3 If Adopter is Self-Certification Eligible with respect to all Test Criteria applicable to a given Test Unit except for a new Test Criteria that has become applicable pursuant to clause 3.2.3(iii), then Adopter must submit its Test Unit to an Authorized Certification Entity for testing under such new Test Criteria (an “Exception Event”) unless Adopter has had a prior Exception Event within the last eighteen (18) months, in which case it shall be deemed Self-Certification Eligible as to such new Test Criteria for such Test Unit as well. 3.1.3 Upon successful completion of Compliance Testing and the Certification Questionnaire with respect to a particular Test Unit under Section 3.1.1 or 3.1.2, the Authorized Certification Entity shall issue an Acknowledgement of Compliance Testing to Adopter, and provide a copy of such Acknowledgement of Compliance Testing to AACS LA. 3.1.3.1 If an Acknowledgement of Compliance Testing is issued in error, due to the error of a third-party Authorized Certification Entity, and the Test Unit does not meet the Compliance Rule(s) to which the erroneously applied Test Criteria relates, AACS LA shall give Adopter written notice of the error. Adopter shall have a commercially reasonable period to submit for certification, pursuant to Section 3.1.1, a Test Unit for each of its products affected by the error, provided that such Test Unit(s) need only be retested for those Test Criteria affected by the error. Until such time has expired, the error shall not affect the validity of the previously received Acknowledgement of Compliance Testing, but thereafter AACS may rescind it. 3.1.3.1.1 Instances of a product distributed prior to receipt of such notice, in reliance on an Acknowledgement of Compliance Testing issued due to an error of a third party Authorized Certification entity, shall not lose the benefit of the Limited Safe Harbor of Section 3.3. 3.1.3.1.2 Additional instances of such product distributed after receipt of such notice but prior to the expiration of such commercially reasonable re-testing period shall not lose the benefit of the Limited Safe Harbor of Section 3.3, provided that Adopter takes commercially reasonable steps, within a commercially reasonable time after receiving such notice, to correct, or mitigate in part if not commercially reasonable to correct in full, a failure to meet the Compliance Rules in such products. Adopter may, at its option, consult with AACS LA as to what time frames for retesting and what steps, if any, are commercially reasonable within the meaning of this Section 3.1. 3.1. If AACS LA, in its sole discretion, chooses following such consultation to provide Adopter with written notice confirming what AACS LA believes is commercially reasonable under the circumstances, and Adopter acts in conformance with such notice, then Adopter shall remain eligible for the Limited Safe Harbor prior to the expiration of the re-testing period and such determination by AACS LA shall be binding on all Third Party Beneficiaries. In the event that Adopter does not act in conformance with such notice, AACS LA and Third Party Beneficiaries retain the right to invoke remedies otherwise available to the extent that Adopter does not remain eligible for the Limited Safe Harbor, provided however that such notice shall not be deemed to be conclusive as to what is commercially reasonable within the meaning of this Section 3.1.3.1. 3.1.3.2 AACS LA may rescind an Acknowledgement of Compliance Testing if material misrepresentations were made in responding to the Certification Questionnaire.

Certification Required. AACS LA shall provide notice promptly to Adopter of the anticipated commencement date of Compliance Testing by an Authorized Certification Entity. Adopter shall be required to commence Compliance Testing, including Except as provided herein for then-then- currently shipping product models and all future models, thirty (30) days after receiving notice from AACS LA of the actual date that an Authorized Certification Entity will be available for Compliance Testing (such required date, the “Certification Requirement Date”). Adopter may continue to ship models that were first shipped prior to the Certification Requirement Date, provided that if the Certification Entity notifies Adopter in writing that any such model has failed the Compliance Testing, Adopter may seek arbitration in a manner consistent with Section 3.1.4, and if Adopter does not seek or loses such arbitration, shall promptly cease shipping such model, or cease activating Robust Inactive Products through a Periodic Update to become such model until it passes Compliance Testing in accordance with the procedures set forth below. Except as otherwise provided aboveImplementations, Adopter may not, after the Certification Requirement Date, sell or distribute a Licensed Product to the public, or cause a Licensed Product to be sold or distributed to the public, including through the Activation of a Robust Inactive Product, unless and until such Licensed Product is an Acknowledged Product or is a Licensed Content Product, Adopter shall be required to commence Compliance Testing for then-currently shipping Implementations no later than thirty (30) days after receiving notice from AACS LA of the availability of an Authorized Certification Entity for Compliance Testing (such required date, the “Certification Requirement Date”). Adopter may continue to ship additional units of Implementations that were first shipped prior to the Certification Requirement Date, provided that if the Certification Entity notifies Adopter in writing that any such Implementation has failed the Compliance Testing, Adopter may seek arbitration in a manner consistent with Section 3.1.4, and if Adopter does not seek or loses such arbitration, shall promptly cease shipping such Implementation, or cease Activating Robust Inactive Products to become such Implementation until it passes Compliance Testing in accordance with the procedures set forth below. The procedures for obtaining an Acknowledgement of Compliance Testing shall be made available to Fellow Adopters by AACS LA. 3.1.1 3.1.1. Subject to Section 3.1.2, Compliance Testing shall be performed by an Authorized Certification Entity, either at a test facility designated by the Authorized Certification Entity or at the Adopter’s facility. A completed Certification Questionnaire shall be submitted to the Authorized Certification Entity at the time of Compliance Testing. 3.1.2 3.1.2. Adopter may, at its option, perform its own Compliance Testing on a Test Unit for those Test Criteria for which it is Self-Certification Eligible. Adopter shall submit the results of such Compliance Testing, along with its completed Certification Questionnaire, to the Authorized Certification Entity for confirmation, completion of Certification Testing for any remaining Test Criteria for which Adopter has not done its own Certification Testing, and issuance of an Acknowledgement of Compliance Testing if all applicable requirements are met. 3.1.2.1 3.1.2.1. The Limited Safe Harbor provisions of Section 3.3 shall not apply to those aspects of an Acknowledged Product that are the subject of the Test Criteria for which Adopter has performed its own Compliance Testing in reliance on Section 3.1.2, but shall apply to those aspects of an Acknowledged Product that are the subject of the Test Criteria (if any) performed by the Authorized Certification Entity. 3.1.2.2 3.1.2.2. If the results of Compliance Testing or the completed Certification Questionnaire submitted pursuant to this Section 3.1.2 are discovered to be materially inaccurateincorrectly indicate satisfaction of any required test or question, Adopter shall no longer be Self-Certification EligibleEligible unless and until it again qualifies as Self-Certification Eligible under Section 1.73 based on newly-completed Compliance Testing by an Authorized Certification Entity. 3.1.2.3 3.1.2.3. If Adopter is Self-Certification Eligible with respect to all Test Criteria applicable to a given Test Unit except for a new Test Criteria that has become applicable pursuant to clause 3.2.3(iii), then Adopter must submit its Test Unit to an Authorized Certification Entity for testing under such new Test Criteria (which testing shall test all applicable Test Criteria that have not yet been tested by an Authorized Certification Entity) (an “Exception Event”) unless Adopter has had a prior Exception Event within the last eighteen (18) months, in which case it shall be deemed Self-Certification Eligible as to such new Test Criteria for such Test Unit as well. 3.1.3 3.1.3. Upon successful completion of Compliance Testing and the Certification Questionnaire with respect to a particular Test Unit under Section 3.1.1 or 3.1.2, the Authorized Certification Entity shall issue an Acknowledgement of Compliance Testing to Adopter, and provide a copy of such Acknowledgement of Compliance Testing to AACS LA. 3.1.3.1 3.1.3.1. If an Acknowledgement of Compliance Testing is issued in error, due to the error of a third-third party Authorized Certification Entity, and the Test Unit does not meet the Compliance Rule(s) to which the erroneously applied Test Criteria relates, AACS LA shall give Adopter written notice of the error. Adopter shall have a commercially reasonable period to submit for certification, pursuant to Section 3.1.1, a Test Unit for each of its products Implementations affected by the error, provided that such Test Unit(s) need only be retested for those Test Criteria affected by the error. Until such time has expired, the error shall not affect the validity of the previously received Acknowledgement of Compliance Testing, but thereafter AACS may rescind it. 3.1.3.1.1 Instances 3.1.3.1.1. Units of a product an Implementation distributed prior to receipt of such notice, in reliance on an Acknowledgement of Compliance Testing issued due to an error of a third party Authorized Certification entity, shall not lose the benefit of the Limited Safe Harbor of Section 3.3. 3.1.3.1.2 3.1.3.1.2. Additional instances units of such product Implementation distributed after receipt of such notice but prior to the expiration of such commercially reasonable re-testing period shall not lose the benefit of the Limited Safe Harbor of Section 3.3, provided that Adopter takes commercially reasonable steps, within a commercially reasonable time after receiving such notice, to correct, or mitigate in part if not commercially reasonable to correct in full, a failure to meet the Compliance Rules in such productsImplementation. Adopter may, at its option, consult with AACS LA as to what time frames for retesting and what steps, if any, are commercially reasonable within the meaning of this Section 3.1. 3.1. If AACS LA, in its sole discretion, chooses following such consultation to provide Adopter with written notice confirming what AACS LA believes is commercially reasonable under the circumstances, and Adopter acts in conformance with such notice, then Adopter shall remain eligible for the Limited Safe Harbor prior to the expiration of the re-testing period and such determination by AACS LA shall be binding on all Third Party Beneficiaries. In the event that Adopter does not act in conformance with such notice, AACS LA and Third Party Beneficiaries retain the right to invoke remedies otherwise available to the extent that Adopter does not remain eligible for the Limited Safe Harbor, provided however that such notice shall not be deemed to be conclusive as to what is commercially reasonable within the meaning of this Section 3.1.3.1. 3.1.3.2 AACS LA may rescind an Acknowledgement of Compliance Testing if material misrepresentations were made in responding to the Certification Questionnaire.Section

Certification Required. AACS LA shall provide notice promptly to Adopter of the anticipated commencement date of Compliance Testing by an Authorized Certification Entity. Adopter shall be required to commence Compliance Testing, including Except as provided herein for then-then- currently shipping product models and all future models, thirty (30) days after receiving notice from AACS LA of the actual date that an Authorized Certification Entity will be available for Compliance Testing (such required date, the “Certification Requirement Date”). Adopter may continue to ship models that were first shipped prior to the Certification Requirement Date, provided that if the Certification Entity notifies Adopter in writing that any such model has failed the Compliance Testing, Adopter may seek arbitration in a manner consistent with Section 3.1.4, and if Adopter does not seek or loses such arbitration, shall promptly cease shipping such model, or cease activating Robust Inactive Products through a Periodic Update to become such model until it passes Compliance Testing in accordance with the procedures set forth below. Except as otherwise provided aboveImplementations, Adopter may not, after the Certification Requirement Date, sell or distribute a Licensed Product to the public, or cause a Licensed Product to be sold or distributed to the public, including through the Activation of a Robust Inactive Product, unless and until such Licensed Product is an Acknowledged Product or is a Licensed Content Product, Adopter shall be required to commence Compliance Testing for then-currently shipping Implementations no later than thirty (30) days after receiving notice from AACS LA of the availability of an Authorized Certification Entity for Compliance Testing (such required date, the “Certification Requirement Date”). Adopter may continue to ship additional units of Implementations that were first shipped prior to the Certification Requirement Date, provided that if the Certification Entity notifies Adopter in writing that any such Implementation has failed the Compliance Testing, Adopter may seek arbitration in a manner consistent with Section 3.1.4, and if Adopter does not seek or loses such arbitration, shall promptly cease shipping such Implementation, or cease Activating Robust Inactive Products to become such Implementation until it passes Compliance Testing in accordance with the procedures set forth below. The procedures for obtaining an Acknowledgement of Compliance Testing shall be made available to Fellow Adopters by AACS LA. 3.1.1 3.1.1. Subject to Section 3.1.2, Compliance Testing shall be performed by an Authorized Certification Entity, either at a test facility designated by the Authorized Certification Entity or at the Adopter’s facility. A completed Certification Questionnaire shall be submitted to the Authorized Certification Entity at the time of Compliance Testing. 3.1.2 3.1.2. Adopter may, at its option, perform its own Compliance Testing on a Test Unit for those Test Criteria for which it is Self-Certification Eligible. Adopter shall submit the results of such Compliance Testing, along with its completed Certification Questionnaire, to the Authorized Certification Entity for confirmation, completion of Certification Testing for any remaining Test Criteria for which Adopter has not done its own Certification Testing, and issuance of an Acknowledgement of Compliance Testing if all applicable requirements are met. 3.1.2.1 3.1.2.1. The Limited Safe Harbor provisions of Section 3.3 shall not apply to those aspects of an Acknowledged Product that are the subject of the Test Criteria for which Adopter has performed its own Compliance Testing in reliance on Section 3.1.2, but shall apply to those aspects of an Acknowledged Product that are the subject of the Test Criteria (if any) performed by the Authorized Certification Entity.. For review only - 3.1.2.2 3.1.2.2. If the results of Compliance Testing or the completed Certification Questionnaire submitted pursuant to this Section 3.1.2 are discovered to be materially inaccurateincorrectly indicate satisfaction of any required test or question, Adopter shall no longer be Self-Certification Eligible.Eligible unless and until it again qualifies as Self-Certification Eligible under Section 1.73 based on newly-completed Compliance Testing by an Authorized Certification Entity. Not for execution 3.1.2.3 3.1.2.3. If Adopter is Self-Certification Eligible with respect to all Test Criteria applicable to a given Test Unit except for a new Test Criteria that has become applicable pursuant to clause 3.2.3(iii), then Adopter must submit its Test Unit to an Authorized Certification Entity for testing under such new Test Criteria (which testing shall test all applicable Test Criteria that have not yet been tested by an Authorized Certification Entity) (an “Exception Event”) unless Adopter has had a prior Exception Event within the last eighteen (18) months, in which case it shall be deemed Self-Certification Eligible as to such new Test Criteria for such Test Unit as well. 3.1.3 3.1.3. Upon successful completion of Compliance Testing and the Certification Questionnaire with respect to a particular Test Unit under Section 3.1.1 or 3.1.2, the Authorized Certification Entity shall issue an Acknowledgement of Compliance Testing to Adopter, and provide a copy of such Acknowledgement of Compliance Testing to AACS LA. 3.1.3.1 3.1.3.1. If an Acknowledgement of Compliance Testing is issued in error, due to the error of a third-third party Authorized Certification Entity, and the Test Unit does not meet the Compliance Rule(s) to which the erroneously applied Test Criteria relates, AACS LA shall give Adopter written notice of the error. Adopter shall have a commercially reasonable period to submit for certification, pursuant to Section 3.1.1, a Test Unit for each of its products Implementations affected by the error, provided that such Test Unit(s) need only be retested for those Test Criteria affected by the error. Until such time has expired, the error shall not affect the validity of the previously received Acknowledgement of Compliance Testing, but thereafter AACS may rescind it. 3.1.3.1.1 Instances 3.1.3.1.1. Units of a product an Implementation distributed prior to receipt of such notice, in reliance on an Acknowledgement of Compliance Testing issued due to an error of a third party Authorized Certification entity, shall not lose the benefit of the Limited Safe Harbor of Section 3.3.. For review only - Not for execution 3.1.3.1.2 3.1.3.1.2. Additional instances units of such product Implementation distributed after receipt of such notice but prior to the expiration of such commercially reasonable re-testing period shall not lose the benefit of the Limited Safe Harbor of Section 3.3, provided that Adopter takes commercially reasonable steps, within a commercially reasonable time after receiving such notice, to correct, or mitigate in part if not commercially reasonable to correct in full, a failure to meet the Compliance Rules in such productsImplementation. Adopter may, at its option, consult with AACS LA as to what time frames for retesting and what steps, if any, are commercially reasonable within the meaning of this Section 3.1. 3.1. If AACS LA, in its sole discretion, chooses following such consultation to provide Adopter with written notice confirming what AACS LA believes is commercially reasonable under the circumstances, and Adopter acts in conformance with such notice, then Adopter shall remain eligible for the Limited Safe Harbor prior to the expiration of the re-testing period and such determination by AACS LA shall be binding on all Third Party Beneficiaries. In the event that Adopter does not act in conformance with such notice, AACS LA and Third Party Beneficiaries retain the right to invoke remedies otherwise available to the extent that Adopter does not remain eligible for the Limited Safe Harbor, provided however that such notice shall not be deemed to be conclusive as to what is commercially reasonable within the meaning of this Section 3.1.3.1. 3.1.3.2 AACS LA may rescind an Acknowledgement of Compliance Testing if material misrepresentations were made in responding to the Certification Questionnaire.Section

Certification Required. AACS LA shall provide notice promptly to Adopter of the anticipated commencement date of Compliance Testing by an Authorized Certification Entity. Adopter shall be required to commence Compliance Testing, including Except as provided herein for then-then- currently shipping product models and all future models, thirty (30) days after receiving notice from AACS LA of the actual date that an Authorized Certification Entity will be available for Compliance Testing (such required date, the “Certification Requirement Date”). Adopter may continue to ship models that were first shipped prior to the Certification Requirement Date, provided that if the Certification Entity notifies Adopter in writing that any such model has failed the Compliance Testing, Adopter may seek arbitration in a manner consistent with Section 3.1.4, and if Adopter does not seek or loses such arbitration, shall promptly cease shipping such model, or cease activating Robust Inactive Products through a Periodic Update to become such model until it passes Compliance Testing in accordance with the procedures set forth below. Except as otherwise provided aboveImplementations, Adopter may not, after the Certification Requirement Date, sell or distribute a Licensed Product to the public, or cause a Licensed Product to be sold or distributed to the public, including through the Activation of a Robust Inactive Product, unless and until such Licensed Product is an Acknowledged Product or is a Licensed Content Product, Adopter shall be required to commence Compliance Testing for then-currently shipping Implementations no later than thirty (30) days after receiving notice from AACS LA of the availability of an Authorized Certification Entity for Compliance Testing (such required date, the “Certification Requirement Date”). Adopter may continue to ship additional units of Implementations that were first shipped prior to the Certification Requirement Date, provided that if the Certification Entity notifies Adopter in writing that any such Implementation has failed the Compliance Testing, Adopter may seek arbitration in a manner consistent with Section 3.1.4, and if Adopter does not seek or loses such arbitration, shall promptly cease shipping such Implementation, or cease Activating Robust Inactive Products to become such Implementation until it passes Compliance Testing in accordance with the procedures set forth below. The procedures for obtaining an Acknowledgement of Compliance Testing shall be made available to Fellow Adopters by AACS LA. 3.1.1 3.1.1. Subject to Section 3.1.2, Compliance Testing shall be performed by an Authorized Certification Entity, either at a test facility designated by the Authorized Certification Entity or at the Adopter’s facility. A completed Certification Questionnaire shall be submitted to the Authorized Certification Entity at the time of Compliance Testing. 3.1.2 3.1.2. Adopter may, at its option, perform its own Compliance Testing on a Test Unit for those Test Criteria for which it is Self-Certification Eligible. Adopter shall submit the results of such Compliance Testing, along with its completed Certification Questionnaire, to the Authorized Certification Entity for confirmation, completion of Certification Testing for any remaining Test Criteria for which Adopter has not done its own Certification Testing, and issuance of an Acknowledgement of Compliance Testing if all applicable requirements are met. 3.1.2.1 3.1.2.1. The Limited Safe Harbor provisions of Section 3.3 shall not apply to those aspects of an Acknowledged Product that are the subject of the Test Criteria for which Adopter has performed its own Compliance Testing in reliance on Section 3.1.2, but shall apply to those aspects of an Acknowledged Product that are the subject of the Test Criteria (if any) performed by the Authorized Certification Entity. 3.1.2.2 3.1.2.2. If the results of Compliance Testing or the completed Certification Questionnaire submitted pursuant to this Section 3.1.2 are discovered to be materially inaccurateincorrectly indicate satisfaction of any required test or question, Adopter shall no longer be Self-Certification EligibleEligible unless and until it again qualifies as Self-Certification Eligible under Section 1.73 based on newly-completed Compliance Testing by an Authorized Certification Entity. 3.1.2.3 3.1.2.3. If Adopter is Self-Certification Eligible with respect to all Test Criteria applicable to a given Test Unit except for a new Test Criteria that has become applicable pursuant to clause 3.2.3(iii), then Adopter must submit its Test Unit to an Authorized Certification Entity for testing under such new Test Criteria (which testing shall test all applicable Test Criteria that have not yet been tested by an Authorized Certification Entity) (an “Exception Event”) unless Adopter has had a prior Exception Event within the last eighteen (18) months, in which case it shall be deemed Self-Certification Eligible as to such new Test Criteria for such Test Unit as well.. For review only - Not for execution 3.1.3 3.1.3. Upon successful completion of Compliance Testing and the Certification Questionnaire with respect to a particular Test Unit under Section 3.1.1 or 3.1.2, the Authorized Certification Entity shall issue an Acknowledgement of Compliance Testing to Adopter, and provide a copy of such Acknowledgement of Compliance Testing to AACS LA. 3.1.3.1 3.1.3.1. If an Acknowledgement of Compliance Testing is issued in error, due to the error of a third-third party Authorized Certification Entity, and the Test Unit does not meet the Compliance Rule(s) to which the erroneously applied Test Criteria relates, AACS LA shall give Adopter written notice of the error. Adopter shall have a commercially reasonable period to submit for certification, pursuant to Section 3.1.1, a Test Unit for each of its products Implementations affected by the error, provided that such Test Unit(s) need only be retested for those Test Criteria affected by the error. Until such time has expired, the error shall not affect the validity of the previously received Acknowledgement of Compliance Testing, but thereafter AACS may rescind it. 3.1.3.1.1 Instances 3.1.3.1.1. Units of a product an Implementation distributed prior to receipt of such notice, in reliance on an Acknowledgement of Compliance Testing issued due to an error of a third party Authorized Certification entity, shall not lose the benefit of the Limited Safe Harbor of Section 3.3. 3.1.3.1.2 3.1.3.1.2. Additional instances units of such product Implementation distributed after receipt of such notice but prior to the expiration of such commercially reasonable re-testing period shall not lose the benefit of the Limited Safe Harbor of Section 3.3, provided that Adopter takes commercially reasonable steps, within a commercially reasonable time after receiving such notice, to correct, or mitigate in part if not commercially reasonable to correct in full, a failure to meet the Compliance Rules in such productsImplementation. Adopter may, at its option, consult with AACS LA as to what time frames for retesting and what steps, if any, are commercially reasonable within the meaning of this Section 3.1. 3.13.1.3.1. If AACS LA, in its sole discretion, chooses following such consultation to provide Adopter with written notice confirming what AACS LA believes is commercially reasonable under the circumstances, and Adopter acts in conformance with such notice, then Adopter shall remain eligible for the Limited Safe Harbor prior to the expiration of the re-testing period and such determination by AACS LA shall be binding on all Third Party Beneficiaries. In the event that Adopter does not act in conformance with such notice, AACS LA and Third Party Beneficiaries retain the right to invoke remedies otherwise available to the extent that Adopter does not remain eligible Section For review only - Not for the Limited Safe Harbor, provided however that such notice shall not be deemed to be conclusive as to what is commercially reasonable within the meaning of this Section 3.1.3.1. 3.1.3.2 AACS LA may rescind an Acknowledgement of Compliance Testing if material misrepresentations were made in responding to the Certification Questionnaire.execution