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 10e) 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.

Appears in 4 contracts

Samples: License Agreement and Procedural Guide, License Agreement and Procedural Guide, License Agreement and Procedural Guide

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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 10e08s) 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.

Appears in 3 contracts

Samples: License Agreement and Procedural Guide, License Agreement and Procedural Guide, License Agreement and Procedural Guide

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 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 10e08s) 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.

Appears in 1 contract

Samples: License Agreement and Procedural Guide

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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 10e08s) 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.

Appears in 1 contract

Samples: License Agreement

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