Participation in Testing. The Owner has the right, but not the obligation, to witness and/or participate in any initial testing and/or application of any such Vendor Development (other than a Vendor Development originated by another Customer which includes information which is proprietary to such other Customer); provided that any such initial testing of Vendor Developments will be subject to (i) scheduling as reasonably determined by the Vendor, (ii) the qualification that the Owner's PCS System or PCS Sub-System, as the case may be, meets the technical requirements for the testing of such Vendor Development as reasonably determined by the Vendor (or otherwise that the Owner is willing to update such PCS System or PCS Sub-System, as the case may be, to meet such requirements), (iii) the Owner's acknowledgement that it will be able to provide the resources necessary to implement the initial testing for such Vendor Development, and (iv) the Owner and the Vendor executing a verification office testing agreement that identifies the scope, terms, pricing, responsibilities and schedule related to the initial testing of such Vendor Development. The Vendor must provide the Owner at least thirty (30) days prior notice of its intent to test any such Vendor Development and upon the Owner's written request the Vendor will allow the Owner to participate in such testing upon terms and in a testing environment reasonably acceptable to the Parties at such time. The Owner will make its Test-bed Laboratory and/or certain of its PCS Systems and/or PCS Sub-Systems (following Final Acceptance thereof) available to the Vendor for any such testing in which the Owner has the right, and will have notified the Vendor of its desire, to participate in pursuant to the terms of this subsection 2.
Appears in 5 contracts
Samples: Procurement and Services Contract (Sprint Spectrum L P), Procurement and Services Contract (Sprint Spectrum L P), Procurement and Services Contract (Sprint Spectrum Finance Corp)
Participation in Testing. The Owner has the right, but not the ------------------------ obligation, to witness and/or participate in any initial testing and/or application of any such Vendor Development (other than a Vendor Development originated by another Customer which includes information which is proprietary to such other Customer)Development; provided that any such initial testing of -------- ---- such Vendor Developments will Development shall be subject to (i) scheduling as reasonably determined by the Vendor, (ii) the qualification that the Owner's PCS System or PCS Sub-System, as the case may be, meets the technical requirements for the testing of such Vendor Development as reasonably determined by the Vendor (or otherwise that the Owner is willing to update such PCS System or PCS Sub-System, as the case may be, to meet such requirements), (iii) the Owner's acknowledgement that it will be able to provide the resources necessary to implement the initial testing for such Vendor Development, and (iv) the Owner and the Vendor executing a reasonable verification office testing agreement that identifies the scope, terms, pricing, responsibilities and schedule related to the initial testing of such Vendor Development. The Vendor must provide the Owner at least thirty (30) days days' prior notice of its intent to test any such Vendor Development and upon the Owner's written request the Vendor will allow the Owner to participate in such testing upon terms and in a testing environment reasonably acceptable to the Parties at such time. The Owner will make its Test-bed Laboratory and/or certain of its PCS Systems and/or PCS Sub-Systems (following Final Acceptance thereof) available to the Vendor for any such testing in which the Owner has the right, and will have notified the Vendor of its desire, to participate in pursuant to the terms of this subsection 2.
Appears in 1 contract
Samples: Procurement and Services Contract (Sprint Spectrum Finance Corp)
Participation in Testing. The Owner has the right, but not ------------------------ the obligation, to witness and/or participate in any initial testing and/or application of any such Vendor Development (other than a Vendor Development originated by another Customer which includes information which is proprietary to such other Customer)testing; provided -------- that any such initial testing of Vendor Developments will shall be subject to (i) ---- scheduling as reasonably determined by the Vendor, (ii) the qualification that the Owner's PCS System or PCS Sub-System, as the case may be, meets the technical [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. requirements for the testing of such Vendor Development as reasonably determined by the Vendor (or otherwise that the Owner is willing to update such PCS System or PCS Sub-System, as the case may be, to meet such requirements), (iii) the Owner's acknowledgement acknowledgment that it will shall be able to provide the resources necessary to implement the initial testing for such Vendor Development, and (iv) the Owner and the Vendor executing a verification office testing agreement that identifies the scope, terms, pricing, responsibilities and schedule related to the initial testing of such Vendor Development. The Vendor must shall provide the Owner at least thirty (30) days days' prior written notice of its intent to test any such Vendor Development and upon the Owner's written request the Vendor will shall allow the Owner to participate in such testing upon terms and in a testing environment reasonably acceptable to the Parties parties at such time. The Owner will make its Test-bed Laboratory and/or certain Such rights shall not apply to a Vendor Development originated by another customer of its PCS Systems and/or PCS Sub-Systems (following Final Acceptance thereof) available Vendor which includes information which is proprietary to the Vendor for any such testing in which the Owner has the right, and will have notified the Vendor of its desire, to participate in pursuant to the terms of this subsection 2other customer.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
Participation in Testing. The Owner has the right, but not the ------------------------ obligation, to witness and/or participate in any initial testing and/or application of any such Vendor Development (other than a Vendor Development originated by another Customer which includes information which is proprietary to such other Customer); provided that any such initial testing of Vendor -------- ---- Developments will be subject to (i) scheduling as reasonably determined by the Vendor, (ii) the qualification that the Owner's PCS System or PCS Sub-System, as the case may be, meets the technical requirements for the testing of such Vendor Development as reasonably determined by the Vendor (or otherwise that the Owner is willing to update such PCS System or PCS Sub-System, as the case may be, to meet such requirements), (iii) the Owner's acknowledgement that it will be able to provide the resources necessary to implement the initial testing for such Vendor Development, and (iv) the Owner and the Vendor executing a verification office testing agreement that identifies the scope, terms, pricing, responsibilities and schedule related to the initial testing of such Vendor Development. The Vendor must provide the Owner at least thirty (30) days days' prior notice of its intent to test any such Vendor Development and upon the Owner's written request the Vendor will allow the Owner to participate in such testing upon terms and in a testing environment reasonably acceptable to the Parties at such time. The Owner will make its Test-bed Laboratory and/or certain of its PCS Systems and/or PCS Sub-Systems (following Final Acceptance thereof) available to the Vendor for any such testing in which the Owner has the right, and will have notified the Vendor of its desire, to participate in pursuant to the terms of this subsection 2.
Appears in 1 contract
Samples: Procurement and Services Contract (Sprint Spectrum Finance Corp)