Common use of Scope of Performance Clause in Contracts

Scope of Performance. 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order. 2.2 Except as provided in Section 2.3 hereof, testing of all Devices shall take place at ATCB facilities. 2.3 In lieu of section 2.2 above, ATCB may agree to accept test data from any ISO/IEC Guide 25 accredited laboratory or FCC-Listed Laboratory and evaluate the Devices on the basis of this data. ATCB may also choose to accept test data from ISO Guide 25 accredited laboratories owned by Applicant, provided the requirements of 2.3.1. are met. 2.3.1 Employees of Applicant shall not participate in any tests, evaluations, or assessments described in sections 2.2 or 2.3 above without the presence and supervision of an ATCB engineer or technician. 2.4 If requested for sample purposes (as required by the FCC), client shall supply ATCB, at no charge, with at least one test sample of each Device, including the necessary peripherals, connecting cables, accessories or other hardware or software (hereinafter collectively referred to as "support equipment") required for testing, evaluation, and assessment. 2.5 Applicant shall supply ATCB, at no charge, with all technical documentation and materials required for the testing, evaluation, and assessment of such Devices and support equipment. 2.5.1 Technical documentation and materials include, but are not limited to, any relevant operating instructions, schematics, block diagrams, photographs, prior tests and certificates concerning the safety of the Devices, its components or support equipment. 2.6 Applicant recognizes that Device samples, including support equipment, may be damaged or completely destroyed when subjected to ATCB's testing and evaluation process. Applicant shall hold ATCB harmless for any such damage or destruction to its equipment. 2.7 If necessary ATCB shall test, evaluate, or assess Applicant's equipment within 30 business days of ATCB's receipt of such Devices, support equipment and technical documentation, and to work diligently until certification is granted or denied, or Applicant decides to abandon testing, evaluation, and assessment on such Devices. 2.8 Upon completion of testing, evaluation, or assessment, ATCB shall advise Applicant via an abbreviated report whether the results are favorable, and what, if any, conditions, limitations or qualifications to the requested Certification exist. 2.9 Applicant agrees that a full report is available to Applicant only by special request, and for the separate charge specified. 2.10 Where testing, evaluation, and assessment results in certification, ATCB shall certify Applicant's equipment as compliant with the laws, regulations and/or standards of the Countries within 30 business days from the date testing, evaluation, and assessment is completed. 2.10.1 Section 2.11 may be dependent upon a timely response by the United States Federal Communications Commission (FCC) or its foreign equivalent. 2.10.2 In the event of product certification, Applicant may request that ATCB return or destroy Applicant's Device sample(s), equipment support, and technical documentation. Applicant shall bear all costs associated with the return or destruction of such equipment test sample(s) and support equipment. 2.11 Where testing, evaluation, and assessment does not result in certification, ATCB shall provide cost-free storage for each Device sample, support equipment, and technical documentation for a period not to exceed 30 days, provided Applicant agrees to re-testing within this period when notified of the Device's failure. 2.12 If Applicant does not collect or accept receipt of the Device sample(s), support equipment and technical documentation, despite ATCB having sent notice pursuant to subsection 2.12.1, ATCB reserves the right to dispose of them at Applicant's expense. 2.13 Applicant shall retain all documents forwarded to it by ATCB as required by the Certification Regulations of the Countries. 2.14 Applicant shall notify ATCB immediately of any modifications made or planned in the design or technical construction of a Device, or of any planned or implemented changes in Applicant's approved quality assurance system which may render ATCB's certification inapplicable to a Device produced. 2.14.1 For Device modifications notified to ATCB under section 2.14, ATCB will decide in its good engineering judgment whether additional testing is required in order for the Device, as modified, to be manufactured or sold under the certification originally issued. 2.14.2 If Applicant's Device, as modified, does not comply with the Certification Regulations of the Countries, Applicant shall immediately endeavor to obtain compliance under the same Certification Regulations and shall, concurrently, remove any reference to the original certification indicating ATCB's approval or certification, from its Device, as modified. Applicant also agrees that a new certificate issued for a Device, as modified, must reference a model identifier number distinct from the one used in the certification originally issued by ATCB. 2.14.3 Applicant's failure to comply with section 2.14, or with the Certification Regulations of the Countries, may result in the nullification of its Device's certification. ATCB shall be obliged to notify the Regulatory Agency in the event of non-conformance with section 2.14. 2.15 Under FCC Rules, ATCB may revoke a Grant of Equipment Authorization within 30 days of the initial Certification. Under these conditions, Applicant's certification is revocable for cause, which includes, but is not limited to, the following:

Scope of Performance. 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order. 2.2 Except as provided in Section 2.3 hereof, testing of all Devices shall take place at ATCB facilities. 2.3 In lieu of section 2.2 above, ATCB may agree to accept test data from any ISO/IEC Guide 25 accredited laboratory or FCCorFCC-Listed Laboratory and evaluate the Devices on the basis of this data. ATCB may also choose to accept test data from ISO Guide 25 accredited laboratories owned by Applicant, provided the requirements of 2.3.1. are met. 2.3.1 Employees of Applicant shall not participate in any tests, evaluations, or assessments described in sections 2.2 or 2.3 above without the presence and supervision of an ATCB engineer or technician. 2.4 If requested for sample purposes (as required by the FCC), client shall supply ATCB, at no charge, with at least one test sample of each Device, including the necessary peripherals, connecting cables, accessories or other hardware or software (hereinafter collectively referred to as "support equipment") required for testing, evaluation, and assessment. 2.5 Applicant shall supply ATCB, at no charge, with all technical documentation and materials required for the testing, evaluation, and assessment of such Devices and support equipment. 2.5.1 Technical documentation and materials include, but are not limited to, any relevant operating instructions, schematics, block diagrams, photographs, prior tests and certificates concerning the safety of the Devices, its components or support equipment. 2.6 Applicant recognizes that Device samples, including support equipment, may be damaged or completely destroyed when subjected to ATCB's testing and evaluation process. Applicant shall hold ATCB harmless for any such damage or destruction to its equipment. 2.7 If necessary ATCB shall test, evaluate, or assess Applicant's equipment within 30 business days of ATCB's receipt of such Devices, support equipment and technical documentation, and to work diligently until certification is granted or denied, or Applicant decides Applicantdecides to abandon testing, evaluation, and assessment on such Devices. 2.8 Upon completion of testing, evaluation, or assessment, ATCB shall advise Applicant via Applicantvia an abbreviated report whether the results are favorable, and what, if any, conditions, limitations or qualifications to the requested Certification exist. 2.9 Applicant agrees that a full report is available to Applicant only by special request, and for the separate charge specified. 2.10 Where testing, evaluation, and assessment results in certification, ATCB shall certify Applicant's equipment as compliant with the laws, regulations and/or standards of the Countries within 30 business days from the date testing, evaluation, and assessment is completed. 2.10.1 Section 2.11 may be dependent upon a timely response by the United States Federal Communications Commission (FCC) or its foreign equivalent. 2.10.2 In the event of product certification, Applicant may request that ATCB return or destroy Applicant's Device sample(s), equipment support, Applicant'sDevicesample(s),equipmentsupport,and technical documentation. Applicant shall bear all costs associated with the return or destruction of such equipment test sample(s) and support equipment. 2.11 Where testing, evaluation, and assessment does not result in certification, ATCB shall provide cost-free storage for each Device sample, support equipment, and technical documentation for a period not to exceed 30 days, provided Applicant agrees Applicantagrees to re-testing within this period when notified of the Device's failure. 2.12 If Applicant does not collect or accept receipt of the Device sample(s), support equipment and technical documentation, despite ATCB having sent notice pursuant to subsection 2.12.1, ATCB reserves the right to dispose of them at Applicant's expense. 2.13 Applicant shall retain all documents forwarded to it by ATCB as required by the Certification Regulations of the Countries. 2.14 Applicant shall notify ATCB immediately of any modifications made or planned in the design or technical construction of a Device, or of any planned or implemented changes in Applicant's approved quality assurance system which may render ATCB's certification inapplicable to a Device produced. 2.14.1 For Device modifications notified to ATCB under section 2.14, ATCB will decide in its good engineering judgment whether additional testing is required in order for the Device, as modified, to be manufactured or sold under the certification originally issued. 2.14.2 If Applicant's Device, as modified, does not comply with the Certification Regulations of the Countries, Applicant shall Applicantshall immediately endeavor to obtain compliance under the same Certification Regulations and shall, concurrently, remove any reference to the original certification indicating ATCB's approval or certification, from its Device, as modified. Applicant also agrees that a new certificate issued for a Device, as modified, must reference a model identifier number distinct from the one used in the certification originally issued by ATCB. 2.14.3 Applicant's failure to comply with section 2.14, or with the Certification Regulations of the Countries, may result in the nullification of its Device's certification. ATCB shall be obliged to notify the Regulatory Agency in the event of non-conformance with section 2.14. 2.15 Under FCC Rules, ATCB may revoke a Grant of Equipment Authorization within 30 days of the initial Certification. Under Unde r these conditions, Applicant's certification is revocable for cause, which includes, but is not limited to, the following:

Scope of Performance. 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order. 2.2 Except as provided in Section Se ction 2.3 hereof, testing of all Devices shall take place at ATCB facilities. 2.3 In lieu of section 2.2 above, ATCB may agree to accept test data from any ISO/IEC Guide 25 accredited laboratory or FCCorFCC-Listed Laboratory and evaluate the Devices on the basis of this data. ATCB may also choose to accept test data from ISO Guide 25 accredited laboratories owned by Applicant, provided the requirements of 2.3.1. are met. 2.3.1 Employees of Applicant shall not participate in any tests, evaluations, or assessments described in sections 2.2 or 2.3 above without the presence and supervision of an ATCB engineer or technician. 2.4 If requested for sample purposes (as required by the FCC), client shall supply ATCB, at no charge, with at least one test sample of each Device, including the necessary peripherals, connecting cables, accessories or other hardware or software (hereinafter collectively referred to as "support equipment") required for testing, evaluation, and assessment. 2.5 Applicant shall supply ATCB, at no charge, with all technical documentation and materials required for the testing, evaluation, and assessment of such Devices and support equipment. 2.5.1 Technical documentation and materials include, but are not limited to, any relevant operating instructions, schematics, block diagrams, photographs, prior tests and certificates concerning the safety of the Devices, its components or support equipment. 2.6 Applicant recognizes that Device samples, including support equipment, may be damaged or completely destroyed when subjected to ATCB's testing and evaluation process. Applicant shall hold ATCB harmless for any such damage or destruction to its equipment. 2.7 If necessary ATCB shall test, evaluate, or assess Applicant's equipment within 30 business days of ATCB's receipt of such Devices, support equipment and technical documentation, and to work diligently until certification is granted or denied, or Applicant decides Applicantdecides to abandon testing, evaluation, and assessment on such Devices. 2.8 Upon completion of testing, evaluation, or assessment, ATCB shall advise Applicant via Applicantvia an abbreviated report whether the results are favorable, and what, if any, conditions, limitations or qualifications to the requested Certification exist. 2.9 Applicant agrees that a full report is available to Applicant only by special request, and for the separate charge specified. 2.10 Where testing, evaluation, and assessment results in certification, ATCB shall certify Applicant's equipment as compliant with the laws, regulations and/or standards of the Countries within 30 business days from the date testing, evaluation, and assessment is completed. 2.10.1 Section 2.11 may be dependent upon a timely response by the United States Federal Communications Commission (FCC) or its foreign equivalent. 2.10.2 In the event of product certification, Applicant may request that ATCB return or destroy Applicant's Device sample(s), equipment support, Applicant'sDevicesample(s),equipmentsupport,and technical documentation. Applicant shall bear all costs associated with the return or destruction of such equipment test sample(s) and support equipment. 2.11 Where testing, evaluation, and assessment does not result in certification, ATCB shall provide cost-free storage for each Device sample, support equipment, and technical documentation for a period not to exceed 30 days, provided Applicant agrees Applicantagrees to re-testing within this period when notified of the Device's failure. 2.12 If Applicant does not collect or accept receipt of the Device sample(s), support equipment and technical documentation, despite ATCB having sent notice pursuant to subsection 2.12.1, ATCB reserves the right to dispose of them at Applicant's expense. 2.13 Applicant shall retain all documents forwarded to it by ATCB as required by the Certification Regulations of the Countries. 2.14 Applicant shall notify ATCB immediately of any modifications made or planned in the design or technical construction of a Device, or of any planned or implemented changes in Applicant's approved quality assurance system which may render ATCB's certification inapplicable to a Device produced. 2.14.1 For Device modifications notified to ATCB under section 2.14, ATCB will decide in its good engineering judgment whether additional testing is required in order for the Device, as modified, to be manufactured or sold under the certification originally issued. 2.14.2 If Applicant's Device, as modified, does not comply with the Certification Regulations of the Countries, Applicant shall Applicantshall immediately endeavor to obtain compliance under the same Certification Regulations and shall, concurrently, remove any reference to the original certification indicating ATCB's approval or certification, from its Device, as modified. Applicant also agrees that a new certificate issued for a Device, as modified, must reference a model identifier number distinct from the one used in the certification originally issued by ATCB. 2.14.3 Applicant's failure to comply with section 2.14, or with the Certification Regulations of the Countries, may result in the nullification of its Device's certification. ATCB shall be obliged to notify the Regulatory Agency in the event of non-conformance with section 2.14. 2.15 Under FCC Rules, ATCB may revoke a Grant of Equipment Authorization within 30 days of the initial Certification. Under these conditions, Applicant's certification is revocable for cause, which includes, but is not limited to, the following:

Scope of Performance. 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order. 2.2 Except as provided in Section 2.3 hereof, testing of all Devices shall take place at ATCB facilities. 2.3 In lieu of section 2.2 above, ATCB may agree to accept test data from any ISO/IEC Guide 25 accredited laboratory or FCCorFCC-Listed Laboratory and evaluate the Devices on the basis of this data. ATCB may also choose to accept test data from ISO Guide 25 accredited laboratories owned by Applicant, provided the requirements of 2.3.1. are met. 2.3.1 Employees of Applicant shall not participate in any tests, evaluations, or assessments described in sections 2.2 or 2.3 above without the presence and supervision of an ATCB engineer or technician. 2.4 If requested for sample purposes (as required by the FCC), client shall supply ATCB, at no charge, with at least one test sample of each Device, including the necessary peripherals, connecting cables, accessories or other hardware or software (hereinafter collectively referred to as "support equipment") required for testing, evaluation, and assessment. 2.5 Applicant shall supply ATCB, at no charge, with all technical documentation and materials required for the testing, evaluation, and assessment of such Devices and support equipment. 2.5.1 Technical documentation and materials include, but are not limited to, any relevant operating instructions, schematics, block diagrams, photographs, prior tests and certificates concerning the safety of the Devices, its components or support equipment. 2.6 Applicant recognizes that Device samples, including includi ng support equipment, may be damaged or completely destroyed when subjected to ATCB's testing and evaluation process. Applicant shall hold ATCB harmless for any such damage or destruction to its equipment. 2.7 If necessary ATCB shall test, evaluate, or assess Applicant's equipment within 30 business days of ATCB's receipt of such Devices, support equipment and technical documentation, and to work diligently until certification is granted or denied, or Applicant decides Applicantdecides to abandon testing, evaluation, and assessment on such Devices. 2.8 Upon completion of testing, evaluation, or assessment, ATCB shall advise Applicant via Applicantvia an abbreviated report whether the results are favorable, and what, if any, conditions, limitations or qualifications to the requested Certification exist. 2.9 Applicant agrees that a full report is available to Applicant only by special request, and for the separate charge specified. 2.10 Where testing, evaluation, and assessment results in certification, ATCB shall certify Applicant's equipment as compliant with the laws, regulations and/or standards of the Countries within 30 business days from the date testing, evaluation, and assessment is completed. 2.10.1 Section 2.11 may be dependent upon a timely response by the United States Federal Communications Commission (FCC) or its foreign equivalent. 2.10.2 In the event of product certification, Applicant may request that ATCB return or destroy Applicant's Device sample(s), equipment support, Applicant'sDevicesample(s),equipmentsupport,and technical documentation. Applicant shall bear all costs associated with the return or destruction of such equipment test sample(s) and support equipment. 2.11 Where testing, evaluation, and assessment does not result in certification, ATCB shall provide cost-free storage for each Device sample, support equipment, and technical documentation for a period not to exceed 30 days, provided Applicant agrees Applicantagrees to re-testing within this period when notified of the Device's failure. 2.12 If Applicant does not collect or accept receipt of the Device sample(s), support equipment and technical documentation, despite ATCB having sent notice pursuant to subsection 2.12.1, ATCB reserves the right to dispose of them at Applicant's expense. 2.13 Applicant shall retain all documents forwarded to it by ATCB as required by the Certification Regulations of the Countries. 2.14 Applicant shall notify ATCB immediately of any modifications made or planned in the design or technical construction of a Device, or of any planned or implemented changes in Applicant's approved quality assurance system which may render ATCB's certification inapplicable to a Device produced. 2.14.1 For Device modifications notified to ATCB under section 2.14, ATCB will decide in its good engineering judgment whether additional testing is required in order for the Device, as modified, to be manufactured or sold under the certification originally issued. 2.14.2 If Applicant's Device, as modified, does not comply with the Certification Regulations of the Countries, Applicant shall Applicantshall immediately endeavor to obtain compliance under the same Certification Regulations and shall, concurrently, remove any reference to the original certification indicating ATCB's approval or certification, from its Device, as modified. Applicant also agrees that a new certificate issued for a Device, as modified, must reference a model identifier number distinct from the one used in the certification originally issued by ATCB. 2.14.3 Applicant's failure to comply with section 2.14, or with the Certification Regulations of the Countries, may result in the nullification of its Device's certification. ATCB shall be obliged to notify the Regulatory Agency in the event of non-conformance with section 2.14. 2.15 Under FCC Rules, ATCB may revoke a Grant of Equipment Authorization within 30 days of the initial Certification. Under these conditions, Applicant's certification is revocable for cause, which includes, but is not limited to, the following:

Scope of Performance. 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order. 2.2 Except as provided in Section 2.3 hereof, testing of all Devices shall take place at ATCB facilities. 2.3 In lieu of section 2.2 above, ATCB may agree to accept test data from any ISO/IEC Guide 25 accredited laboratory or FCCorFCC-Listed Laboratory and evaluate the Devices on the basis of this data. ATCB may also choose to accept test data from ISO Guide 25 accredited laboratories owned by Applicant, provided the requirements of 2.3.1. are met. 2.3.1 Employees of Applicant shall not participate in any tests, evaluations, or assessments described in sections 2.2 or 2.3 above without the presence and supervision of an ATCB engineer or technician. 2.4 If requested for sample purposes (as required by the FCC), client shall supply ATCB, at no charge, with at least one test sample of each Device, including the necessary peripherals, connecting cables, accessories or other hardware or software (hereinafter collectively referred to as "support equipment") required for testing, evaluation, and assessment. 2.5 Applicant shall supply ATCB, at no charge, with all technical documentation and materials required for the testing, evaluation, and assessment of such Devices and support equipment. 2.5.1 Technical documentation and materials include, but are not limited to, any relevant operating instructions, schematics, block diagrams, photographs, prior tests and certificates concerning the safety of the Devices, its components or support equipment. 2.6 Applicant recognizes that Device samples, including support equipment, may be damaged or completely destroyed when subjected to ATCB's testing and evaluation process. Applicant shall hold ATCB harmless for any such damage or destruction to its equipment. 2.7 If necessary ATCB shall test, evaluate, or assess Applicant's equipment within 30 business days of ATCB's receipt of such Devices, support equipment and technical documentation, and to work diligently until certification is granted or denied, or Applicant decides Applicantdecides to abandon testing, evaluation, and assessment on such Devices. 2.8 Upon completion of testing, evaluation, or assessment, ATCB shall advise Applicant via Applicantvia an abbreviated report whether the results are favorable, and what, if any, conditions, limitations or qualifications to the requested Certification exist. 2.9 Applicant agrees that a full report is available to Applicant only by special request, and for the separate charge specified. 2.10 Where testing, evaluation, and assessment results in certification, ATCB shall certify Applicant's equipment as compliant with the laws, regulations and/or standards of the Countries within 30 business days from the date testing, evaluation, and assessment is completed. 2.10.1 Section 2.11 may be dependent upon a timely response by the United States Federal Communications Commission (FCC) or its foreign equivalent. 2.10.2 In the event of product certification, Applicant may request that ATCB return or destroy Applicant's Device sample(s), equipment support, Applicant'sDevicesample(s),equipmentsupport,and technical documentation. Applicant shall bear all costs associated with the return or destruction of such equipment test sample(s) and support equipment. 2.11 Where testing, evaluation, and assessment does not result in certification, ATCB shall provide cost-free storage for each Device sample, support equipment, and technical documentation for a period not to exceed 30 days, provided Applicant agrees Applicantagrees to re-testing within this period when notified of the Device's failure. 2.12 If Applicant does not collect or accept receipt of the Device sample(s), support equipment and technical documentation, despite ATCB having sent notice pursuant to subsection 2.12.1, ATCB reserves the right to dispose of them at Applicant's expense. 2.13 Applicant shall retain all documents forwarded to it by ATCB as required by the Certification Regulations of the Countries. 2.14 Applicant shall notify ATCB immediately of any modifications made or planned in the design or technical construction of a Device, or of any planned or implemented changes in Applicant's approved quality assurance system which may render ATCB's certification inapplicable to a Device produced. 2.14.1 For Device modifications notified to ATCB under section sec tion 2.14, ATCB will decide in its good engineering judgment whether additional testing is required in order for the Device, as modified, to be manufactured or sold under the certification originally issued. 2.14.2 If Applicant's Device, as modified, does not comply with the Certification Regulations of the Countries, Applicant shall Applicantshall immediately endeavor to obtain compliance under the same Certification Regulations and shall, concurrently, remove any reference to the original certification indicating ATCB's approval or certification, from its Device, as modified. Applicant also agrees that a new certificate issued for a Device, as modified, must reference a model identifier number distinct from the one used in the certification originally issued by ATCB. 2.14.3 Applicant's failure to comply with section 2.14, or with the Certification Regulations of the Countries, may result in the nullification of its Device's certification. ATCB shall be obliged to notify the Regulatory Agency in the event of non-conformance with section 2.14. 2.15 Under FCC Rules, ATCB may revoke a Grant of Equipment Authorization within 30 days of the initial Certification. Under these conditionstheseconditions, Applicant's certification is revocable for cause, which includes, but is not limited to, the following:

Scope of Performance. 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order. 2.2 Except as provided in Section 2.3 hereof, testing of all Devices shall take place at ATCB facilities. 2.3 In lieu of section 2.2 above, ATCB may agree to accept test data from any ISO/IEC Guide 25 accredited laboratory or FCCorFCC-Listed Laboratory and evaluate the Devices on the basis of this data. ATCB may also choose to accept test data from ISO Guide 25 accredited laboratories owned by Applicant, provided the requirements of 2.3.1. are met. 2.3.1 Employees of Applicant shall not participate in any tests, evaluations, or assessments described in sections 2.2 or 2.3 above without the presence and supervision of an ATCB engineer or technician. 2.4 If requested for sample purposes (as required by the FCC), client shall supply ATCB, at no charge, with at least one test sample of each Device, including the necessary peripherals, connecting cables, accessories or other hardware or software (hereinafter collectively referred to as "support equipment") required for testing, evaluation, and assessment. 2.5 Applicant shall supply ATCB, at no charge, with all technical documentation and materials required for the testing, evaluation, and assessment of such Devices and support equipment. 2.5.1 Technical documentation and materials include, but are not limited tolimitedto, any relevant operating instructions, schematics, block diagrams, photographs, prior tests and certificates concerning the safety of the Devices, its components or support equipment. 2.6 Applicant recognizes that Device samples, including support equipment, may be damaged or completely destroyed when subjected to ATCB's testing and evaluation process. Applicant shall hold ATCB harmless for any such damage or destruction to its equipment. 2.7 If necessary ATCB shall test, evaluate, or assess Applicant's equipment within 30 business days of ATCB's receipt of such Devices, support equipment and technical documentation, and to work diligently until certification is granted or denied, or Applicant decides Applicantdecides to abandon testing, evaluation, and assessment on such Devices. 2.8 Upon completion of testing, evaluation, or assessment, ATCB shall advise Applicant via Applicantvia an abbreviated report whether the results are favorable, and what, if any, conditions, limitations or qualifications to the requested Certification exist. 2.9 Applicant agrees that a full report is available to Applicant only by special request, and for the separate charge specified. 2.10 Where testing, evaluation, and assessment results in certification, ATCB shall certify Applicant's equipment as compliant with the laws, regulations and/or standards of the Countries within 30 business days from the date testing, evaluation, and assessment is completed. 2.10.1 Section 2.11 may be dependent upon a timely response by the United States Federal Communications Commission (FCC) or its foreign equivalent. 2.10.2 In the event of product certification, Applicant may request that ATCB return or destroy Applicant's Device sample(s), equipment support, Applicant'sDevicesample(s),equipmentsupport,and technical documentationdocument ation. Applicant shall bear all costs associated with the return or destruction of such equipment test sample(s) and support equipment. 2.11 Where testing, evaluation, and assessment does not result in certificationcertifi cation, ATCB shall provide cost-free storage for each Device sample, support equipment, and technical documentation for a period not to exceed 30 days, provided Applicant agrees Applicantagrees to re-testing within this period when notified of the Device's failure. 2.12 If Applicant does not collect or accept receipt of the Device sample(s), support equipment and technical documentation, despite ATCB having sent notice pursuant to subsection 2.12.1, ATCB reserves the right to dispose of them at Applicant's expense. 2.13 Applicant shall retain all documents forwarded to it by ATCB as required by the Certification Regulations of the Countries. 2.14 Applicant shall notify ATCB immediately of any modifications made or planned in the design or technical construction of a Device, or of any planned or implemented changes in Applicant's approved quality assurance system which may render ATCB's certification inapplicable to a Device produced. 2.14.1 For Device modifications notified to ATCB under section 2.14, ATCB will decide in its good engineering judgment whether additional testing is required in order for the Device, as modified, to be manufactured or sold under the certification originally issued. 2.14.2 If Applicant's Device, as modified, does not comply with the Certification Regulations of the Countries, Applicant shall Applicantshall immediately endeavor to obtain compliance under the same Certification Regulations and shall, concurrently, remove any reference to the original certification indicating ATCB's approval or certification, from its Device, as modified. Applicant also agrees that a new certificate issued for a Device, as modified, must reference a model identifier number distinct from the one used in the certification originally issued by ATCB. 2.14.3 Applicant's failure to comply with section 2.14, or with the Certification Regulations of the Countries, may result in the nullification of its Device's certification. ATCB shall be obliged to notify the Regulatory Agency in the event of non-conformance with section 2.14. 2.15 Under FCC Rules, ATCB may revoke a Grant of Equipment Authorization within 30 days of the initial Certification. Under these conditions, Applicant's certification is revocable for cause, which includes, but is not limited to, the following:

Scope of Performance. 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order. 2.2 Except as provided in Section 2.3 hereof, testing of all Devices shall take place at ATCB facilities. 2.3 In lieu of section 2.2 above, ATCB may agree to accept test data from any ISO/IEC Guide 25 accredited laboratory or FCC-Listed Laboratory and evaluate the Devices on the basis of this data. ATCB may also choose to accept test data from ISO Guide 25 accredited laboratories owned by Applicant, provided the requirements of 2.3.1. are met. 2.3.1 Employees of Applicant shall not participate in any tests, evaluations, or assessments described in sections 2.2 or 2.3 above without the presence and supervision of an ATCB engineer or technician. 2.4 If requested for sample purposes (as required by the FCC), client shall supply ATCB, at no charge, with at least one test sample of each Device, including the necessary peripherals, connecting cables, accessories or other hardware or software (hereinafter collectively referred to as "support equipment") required for testingtestin g, evaluation, and assessment. 2.5 Applicant shall supply ATCB, at no charge, with all technical documentation and materials required for the testing, evaluation, and assessment of such Devices and support equipment. 2.5.1 Technical documentation and materials include, but are not limited to, any relevant operating instructions, schematics, block diagrams, photographs, prior tests and certificates concerning the safety of the Devices, its components or support equipment. 2.6 Applicant recognizes that Device samples, including support equipment, may be damaged or completely destroyed when subjected to ATCB's testing and evaluation process. Applicant shall hold ATCB harmless for any such damage or destruction to its equipment. 2.7 If necessary ATCB shall test, evaluate, or assess Applicant's equipment within 30 business days of ATCB's receipt of such Devices, support equipment and technical documentation, and to work diligently until certification is granted or denied, or Applicant decides to abandon testing, evaluation, and assessment on such Devices. 2.8 Upon completion of testing, evaluation, or assessment, ATCB shall advise Applicant via an abbreviated report whether the results are favorable, and what, if any, conditions, limitations or qualifications to the requested Certification exist. 2.9 Applicant agrees that a full report is available to Applicant only by special request, and for the separate charge specified. 2.10 Where testing, evaluation, and assessment results in certification, ATCB shall certify Applicant's equipment as compliant with the laws, regulations and/or standards of the Countries within 30 business days from the date testing, evaluation, and assessment is completed. 2.10.1 Section 2.11 may be dependent upon a timely response by the United States Federal Communications Commission (FCC) or its foreign equivalent. 2.10.2 In the event of product certification, Applicant may request that ATCB return or destroy Applicant's Device sample(s), equipment support, and technical documentation. Applicant shall bear all costs associated with the return or destruction of such equipment test sample(s) and support equipment. 2.11 Where testing, evaluation, and assessment does not result in certification, ATCB shall provide cost-free cost -free storage for each Device sample, support equipment, and technical documentation for a period not to exceed 30 days, provided Applicant Xxxxxxxxx agrees to re-testing within this period perio d when notified of the Device's failure. 2.12 If Applicant does not collect or accept receipt of the Device sample(s), support equipment and technical documentation, despite ATCB having sent notice pursuant to subsection 2.12.1, ATCB reserves the right to dispose of them at ApplicantApplicant 's expense. 2.13 Applicant shall retain all documents forwarded to it by ATCB as required by the Certification Regulations of the Countries. 2.14 Applicant shall notify ATCB immediately of any modifications made or planned in the design or technical construction of a Device, or of any planned or implemented changes in Applicant's approved quality assurance system which may render ATCB's certification inapplicable to a Device producedproduc ed. 2.14.1 For Device modifications notified to ATCB under section 2.14, ATCB will decide in its good engineering judgment whether additional testing is required in order for the Device, as modified, to be manufactured or sold under the certification originally issued. 2.14.2 If Applicant's Device, as modified, does not comply with the Certification Regulations of the Countries, Applicant shall immediately endeavor to obtain compliance under the same Certification Regulations and shall, concurrently, remove any reference to the original certification indicating ATCB's approval or certification, from its Device, as modified. Applicant also agrees that a new certificate issued for a Device, as modified, must reference a model identifier number distinct from the one used in the certification originally issued by ATCB. 2.14.3 Applicant's failure to comply with section 2.14, or with the Certification Regulations Regulat ions of the Countries, may result in the nullification of its Device's certification. ATCB shall be obliged to notify the Regulatory Agency in the event of non-conformance with section 2.14. 2.15 Under FCC Rules, ATCB may revoke a Grant of Equipment Authorization within 30 days of the initial Certification. Under these conditions, Applicant's certification is revocable for cause, which includes, but is not limited to, the following: