Common use of Challenge Procedure Clause in Contracts

Challenge Procedure. XXXXX recognizes two distinct Challenges that may be submitted, as follows: Industry Representative vs Participant - An Industry Representative may be another manufacturer, an inspector, an installer, an employee or anybody who has knowledge of, and/or actively participates within, the play and playground industry. Public vs Participant - Public may be an end-user, purchaser, or any party not affiliated with the play and playground industry. Challenges can only be addressed if they are related to the Standard(s) or specific sections of Standard(s) to which the XXXXX program validates. In the event the performance and/or design of certified product(s), or program compliance of a Participant, is Challenged, the process below shall be followed . The confidentiality of each party shall be maintained throughout each process. The Participant’s product being Challenged shall remain on the XXXXX website while the Challenge is in process. Failure to respond within the timeframe noted below may result in a determination unfavorable to the non-responsive party. The following procedures must be followed to initiate a Challenge: The Challenger completes and submits the XXXXX Certification Challenge Form (form XXXXX 08s) to XXXXX. Submittal shall include supporting documentation outlining the detail of Challenge, applicable test data, and any other information relevant to the Challenge. If known, the documentation shall specify the section(s) of the particular standard(s) to which the product should comply. 1. Upon receipt of the Challenge Form, the Challenge Review Committee (XXXXX’x Executive Director, XXXXX’x legal counsel, and the currently-seated chair of the XXXXX Certification Committee) is notified via email and sent the Challenge Form and supporting documentation. If it is determined by the Executive Director and legal counsel that the chair of the Certification Committee has a conflict of interest with the Challenge, another member of the Committee will be asked to serve. 2. Within 30 business days of receiving the Challenge Form, the three individuals noted confer and make a determination (based upon a majority rule) to request more information from the Challenger and/or Participant, dismiss the Challenge, or proceed with the Challenge. 3. If the decision is made to proceed with the Challenge, the Participant is sent a copy of the Challenge Form and supporting documentation. Within 30 business days the Participant must provide XXXXX with their response to the Challenge. The response may include testing documents for the product being Challenged, photographs, or other pertinent information to address the Challenge. 4. Upon receipt of the response, the Challenge Response Committee (XXXXX Certification Committee members having no conflict of interest, the Validator’s representative, and XXXXX’x legal counsel) will receive copy of the Challenge and the Participant’s response and review both within 30 business days. A determination will be made (based upon a majority rule) to issue an ICAR to the Participant, remove the certified product from the website, or dismiss the Challenge. 5. Once a determination is made, the Challenger and the Participant will be notified of the decision and the appropriate action will be taken. 6. Within 30 business days of the date of the determination letter, the Challenger and/or the Participant may issue an appeal of the decision to the XXXXX Board of Directors. The decision of the Board of Directors is final and binding upon the Challenger and the Participant.

Challenge Procedure. XXXXX recognizes two distinct Challenges that may be submitted, as follows: Industry Representative vs Participant - ‐ An Industry Representative may be another manufacturer, an inspector, an installer, an employee or anybody who has knowledge of, and/or actively participates within, the play and playground industry. Public vs Participant - ‐ Public may be an end-userend‐user, purchaser, or any party not affiliated with the play and playground industry. Challenges can only be addressed if they are related to the Standard(s) or specific sections of Standard(s) to which the XXXXX program validates. In the event the performance and/or design of certified product(s), or program compliance of a Participant, is Challenged, the process below shall be followed . The confidentiality of each party shall be maintained throughout each process. The Participant’s product being Challenged shall remain on the XXXXX website while the Challenge is in process. Failure to respond within the timeframe noted below may result in a determination unfavorable to the non-responsive non‐responsive party. The following procedures must be followed to initiate a Challenge: The Challenger completes and submits the XXXXX Certification Challenge Form (form XXXXX 08s10e) to XXXXX. Submittal shall include supporting documentation outlining the detail of Challenge, applicable test data, and any other information relevant to the Challenge. If known, the documentation shall specify the section(s) of the particular standard(s) to which the product should comply. 1. Upon receipt of the Challenge Form, the Challenge Review Committee (XXXXX’x Executive Director, XXXXX’x legal counsel, and the currently-seated currently‐seated chair of the XXXXX Certification Committee) is notified via email and sent the Challenge Form and supporting documentation. If it is determined by the Executive Director and legal counsel that the chair of the Certification Committee has a conflict of interest with the Challenge, another member of the Committee will be asked to serve. 2. Within 30 business days of receiving the Challenge Form, the three individuals noted confer and make a determination (based upon a majority rule) to request more information from the Challenger and/or the Participant, dismiss the Challenge, or proceed with the Challenge. 3. If the decision is made to proceed with the Challenge, the Participant is sent a copy of the Challenge Form and supporting documentation. Within 30 business days the Participant must provide XXXXX with their response to the Challenge. The response may include testing documents for the product being Challenged, photographs, or other pertinent information to address the Challenge. 4. Upon receipt of the response, the Challenge Response Committee (XXXXX Certification Committee members having no conflict of interest, the Validator’s representative, and XXXXX’x legal counsel) will receive copy of the Challenge and the Participant’s response and review both within 30 business days. A determination will be made (based upon a majority rule) to issue an ICAR to the Participant, remove the certified product from the website, or dismiss the Challenge. 5. Once a determination is made, the Challenger and the Participant will be notified of the decision and the appropriate action will be taken. 6. Within 30 business days of the date of the determination letter, the Challenger and/or the Participant may issue an appeal of the decision to the XXXXX Board of Directors. The decision of the Board of Directors is final and binding upon the Challenger and the Participant.

Challenge Procedure. XXXXX recognizes two distinct Challenges that may be submitted, as follows: Industry Representative vs Participant - ‐ An Industry Representative may be another manufacturer, an inspector, an installer, an employee or anybody who has knowledge of, and/or actively participates within, the play and playground industry. Public vs Participant - ‐ Public may be an end-userend‐user, purchaser, or any party not affiliated with the play and playground industry. Challenges can only be addressed if they are related to the Standard(s) or specific sections of Standard(s) to which the XXXXX program validates. In the event the performance and/or design of certified product(s), or program compliance of a Participant, is Challenged, the process below shall be followed . The confidentiality of each party shall be maintained throughout each process. The Participant’s product being Challenged shall remain on the XXXXX website while the Challenge is in process. Failure to respond within the timeframe noted below may result in a determination unfavorable to the non-responsive non‐responsive party. The following procedures must be followed to initiate a Challenge: The Challenger completes and submits the XXXXX Certification Challenge Form (form XXXXX 08s10e) to XXXXX. Submittal shall include supporting documentation outlining the detail of Challenge, applicable test data, and any other information relevant to the Challenge. If known, the documentation shall specify the section(s) of the particular standard(s) to which the product should comply. 1. Upon receipt of the Challenge Form, the Challenge Review Committee (XXXXX’x Executive Director, XXXXX’x legal counsel, and the currently-seated currently‐seated chair of the XXXXX Certification Committee) is notified via email and sent the Challenge Form and supporting documentation. If it is determined by the Executive Director and legal counsel that the chair of the Certification Committee has a conflict of interest with the Challenge, another member of the Committee will be asked to serve. 2. Within 30 business days of receiving the Challenge Form, the three individuals noted confer and make a determination (based upon a majority rule) to request more information from the Challenger and/or ParticipantChallenger, dismiss the Challenge, or proceed with the Challenge. 3. If the decision is made to proceed with the Challenge, the Participant is sent a copy of the Challenge Form and supporting documentation. Within 30 business days the Participant must provide XXXXX with their response to the Challenge. The response may include testing documents for the product being Challenged, photographs, or other pertinent information to address the Challenge. 4. Upon receipt of the response, the Challenge Response Committee (XXXXX Certification Committee members having no conflict of interest, the Validator’s representative, and XXXXX’x legal counsel) will receive copy of the Challenge and the Participant’s response and review both within 30 business days. A determination will be made (based upon a majority rule) to issue an ICAR to the Participant, remove the certified product from the website, or dismiss the Challenge. 5. Once a determination is made, the Challenger and the Participant will be notified of the decision and the appropriate action will be taken. 6. Within 30 business days of the date of the determination letter, the Challenger and/or the Participant may issue an appeal of the decision to the XXXXX Board of Directors. The decision of the Board of Directors is final and binding upon the Challenger and the Participant.

Challenge Procedure. XXXXX recognizes two distinct Challenges that may be submitted, as follows: Industry Representative vs Participant - An Industry Representative may be another manufacturer, an inspector, an installer, an employee or anybody who has knowledge of, and/or actively participates within, the play and playground industry. Public vs Participant - Public may be an end-user, purchaser, or any party not affiliated with the play and playground industry. Challenges can only be addressed if they are related to the Standard(s) or specific sections of Standard(s) to which the XXXXX program validates. In the event the performance and/or design of certified product(s), or program compliance of a Participant, is Challenged, the process below shall be followed . The confidentiality of each party shall be maintained throughout each process. The Participant’s product being Challenged shall remain on the XXXXX website while the Challenge is in process. Failure to respond within the timeframe noted below may result in a determination unfavorable to the non-responsive party. The following procedures must be followed to initiate a Challenge: The Challenger completes and submits the XXXXX Certification Challenge Form (form XXXXX 08s) to XXXXX. Submittal shall include supporting documentation outlining the detail of Challenge, applicable test data, and any other information relevant to the Challenge. If known, the documentation shall specify the section(s) of the particular standard(s) to which the product should comply. 1. Upon receipt of the Challenge Form, the Challenge Review Committee (XXXXX’x Executive Director, XXXXX’x legal counsel, and the currently-seated chair of the XXXXX Certification Committee) is notified via email and sent the Challenge Form and supporting documentation. If it is determined by the Executive Director and legal counsel that the chair of the Certification Committee has a conflict of interest with the Challenge, another member of the Committee will be asked to serve. 2. Within 30 business days of receiving the Challenge Form, the three individuals noted confer and make a determination (based upon a majority rule) to request more information from the Challenger and/or ParticipantChallenger, dismiss the Challenge, or proceed with the Challenge. 3. If the decision is made to proceed with the Challenge, the Participant is sent a copy of the Challenge Form and supporting documentation. Within 30 business days the Participant must provide XXXXX with their response to the Challenge. The response may include testing documents for the product being Challenged, photographs, or other pertinent information to address the Challenge. 4. Upon receipt of the response, the Challenge Response Committee (XXXXX Certification Committee members having no conflict of interest, the Validator’s representative, and XXXXX’x legal counsel) will receive copy of the Challenge and the Participant’s response and review both within 30 business days. A determination will be made (based upon a majority rule) to issue an ICAR to the Participant, remove the certified product from the website, or dismiss the Challenge. 5. Once a determination is made, the Challenger and the Participant will be notified of the decision and the appropriate action will be taken. 6. Within 30 business days of the date of the determination letter, the Challenger and/or the Participant may issue an appeal of the decision to the XXXXX Board of Directors. The decision of the Board of Directors is final and binding upon the Challenger and the Participant.

Challenge Procedure. XXXXX recognizes two distinct Challenges that may be submitted, as follows: Industry Representative vs Participant - An Industry Representative may be another manufacturer, an inspector, an installer, an employee or anybody who has knowledge of, and/or actively participates within, the play and playground industry. Public vs Participant - Public may be an end-user, purchaser, or any party not affiliated with the play and playground industry. Challenges can only be addressed if they are related to the Standard(s) or specific sections of Standard(s) to which the XXXXX program validates. In the event the performance and/or design of certified product(s), or program compliance of a Participant, is Challenged, the process below shall be followed followed. The confidentiality of each party shall be maintained throughout each process. The Participant’s product being Challenged shall remain on the XXXXX website while the Challenge is in process. Failure to respond within the timeframe noted below may result in a determination unfavorable to the non-responsive party. The following procedures must be followed to initiate a Challenge: The Challenger completes and submits the XXXXX Certification Challenge Form (form XXXXX 08s) to XXXXX. Submittal shall include supporting documentation outlining the detail of Challenge, applicable test data, and any other information relevant to the Challenge. If known, the documentation shall specify the section(s) of the particular standard(s) to which the product should comply. 1. Upon receipt of the Challenge Form, the Challenge Review Committee (XXXXX’x Executive Director, XXXXX’x legal counsel, and the currently-seated chair of the XXXXX Certification Committee) is notified via email and sent the Challenge Form and supporting documentation. If it is determined by the Executive Director and legal counsel that the chair of the Certification Committee has a conflict of interest with the Challenge, another member of the Committee will be asked to serve. 2. Within 30 business days of receiving the Challenge Form, the three individuals noted confer and make a determination (based upon a majority rule) to request more information from the Challenger and/or Participant, dismiss the Challenge, or proceed with the Challenge. 3. If the decision is made to proceed with the Challenge, the Participant is sent a copy of the Challenge Form and supporting documentation. Within 30 business days the Participant must provide XXXXX with their response to the Challenge. The response may include testing documents for the product being Challenged, photographs, or other pertinent information to address the Challenge. 4. Upon receipt of the response, the Challenge Response Committee (XXXXX Certification Committee members having no conflict of interest, the Validator’s representative, and XXXXX’x legal counsel) will receive copy of the Challenge and the Participant’s response and review both within 30 business days. A determination will be made (based upon a majority rule) to issue an ICAR to the Participant, remove the certified product from the website, or dismiss the Challenge. 5. Once a determination is made, the Challenger and the Participant will be notified of the decision and the appropriate action will be taken. 6. Within 30 business days of the date of the determination letter, the Challenger and/or the Participant may issue an appeal of the decision to the XXXXX Board of Directors. The decision of the Board of Directors is final and binding upon the Challenger and the Participant.

Challenge Procedure. XXXXX recognizes two distinct Challenges that may be submitted, as follows: Industry Representative vs Participant - ‐ An Industry Representative may be another manufacturer, an inspector, an installer, an employee or anybody who has knowledge of, and/or actively participates within, the play and playground industry. Public vs Participant - ‐ Public may be an end-userend‐user, purchaser, or any party not affiliated with the play and playground industry. Challenges can only be addressed if they are related to the Standard(s) or specific sections of Standard(s) to which the XXXXX program validates. In the event the performance and/or design of certified product(s), or program compliance of a Participant, is Challenged, the process below shall be followed . The confidentiality of each party shall be maintained throughout each process. The Participant’s product being Challenged shall remain on the XXXXX website while the Challenge is in process. Failure to respond within the timeframe noted below may result in a determination unfavorable to the non-responsive non‐responsive party. The following procedures must be followed to initiate a Challenge: The Challenger completes and submits the XXXXX Certification Challenge Form (form XXXXX 08s) to XXXXX. Submittal shall include supporting documentation outlining the detail of Challenge, applicable test data, and any other information relevant to the Challenge. If known, the documentation shall specify the section(s) of the particular standard(s) to which the product should comply. 1. Upon receipt of the Challenge Form, the Challenge Review Committee (XXXXX’x Executive Director, XXXXX’x legal counsel, and the currently-seated currently‐seated chair of the XXXXX Certification Committee) is notified via email and sent the Challenge Form and supporting documentation. If it is determined by the Executive Director and legal counsel that the chair of the Certification Committee has a conflict of interest with the Challenge, another member of the Committee will be asked to serve. 2. Within 30 business days of receiving the Challenge Form, the three individuals noted confer and make a determination (based upon a majority rule) to request more information from the Challenger and/or ParticipantChallenger, dismiss the Challenge, or proceed with the Challenge. 3. If the decision is made to proceed with the Challenge, the Participant is sent a copy of the Challenge Form and supporting documentation. Within 30 business days the Participant must provide XXXXX with their response to the Challenge. The response may include testing documents for the product being Challenged, photographs, or other pertinent information to address the Challenge. 4. Upon receipt of the response, the Challenge Response Committee (XXXXX Certification Committee members having no conflict of interest, the Validator’s representative, and XXXXX’x legal counsel) will receive copy of the Challenge and the Participant’s response and review both within 30 business days. A determination will be made (based upon a majority rule) to issue an ICAR to the Participant, remove the certified product from the website, or dismiss the Challenge. 5. Once a determination is made, the Challenger and the Participant will be notified of the decision and the appropriate action will be taken. 6. Within 30 business days of the date of the determination letter, the Challenger and/or the Participant may issue an appeal of the decision to the XXXXX Board of Directors. The decision of the Board of Directors is final and binding upon the Challenger and the Participant.