Common use of Testing by Third Party Clause in Contracts

Testing by Third Party. If Xxxxxxxx provides notice to WinStar pursuant to Subsection 7.5(a)(ii), and the parties are unable to otherwise mutually agree, the parties shall appoint a mutually acceptable fiber optic testing company and such company shall re-test the applicable System Segment Portion of the WinStar Fibers. If that test demonstrates that the tested System Segment Portion of the WinStar Fibers meet the Acceptance Standards without any changes to such portion by Xxxxxxxx as tested by WinStar, then WinStar shall pay the testing company's charges and shall be deemed to have accepted the relevant System Segment Portion of the WinStar Fibers. If that test demonstrates that the relevant System Segment Portion of the WinStar Fibers do not meet the Acceptance Standards or that they do meet the Acceptance Standards due to changes made by Xxxxxxxx following WinStar's acceptance testing, then Xxxxxxxx shall pay the testing company's charges for performing the testing and shall perform the corrective action and re-testing set forth in Subsection 7.5(a)(i).

Testing by Third Party. If Xxxxxxxx provides Willxxxx xxxvides notice to WinStar pursuant to Subsection 7.5(a)(ii), and the parties are unable to otherwise mutually agree, the parties shall appoint a mutually acceptable fiber optic testing company and such company shall re-test the applicable System Segment Portion of the WinStar Fibers. If that test demonstrates that the tested System Segment Portion of the WinStar Fibers meet the Acceptance Standards without any changes to such portion by Xxxxxxxx Willxxxx as tested by WinStar, then WinStar shall pay the testing company's charges and shall be deemed to have accepted the relevant System Segment Portion of the WinStar Fibers. If that test demonstrates that the relevant System Segment Portion of the WinStar Fibers do not meet the Acceptance Standards or that they do meet the Acceptance Standards due to changes made by Xxxxxxxx following Willxxxx xxxlowing WinStar's acceptance testing, then Xxxxxxxx shall Willxxxx xxxll pay the testing company's charges for performing the testing and shall perform the corrective action and re-testing set forth in Subsection 7.5(a)(i).