Common use of Third Party Review Clause in Contracts

Third Party Review. 4.3.1 Where Adopter elects to submit its Implementation to Third Party Review (defined below) pursuant to Section 4.1, Adopter shall submit to a Third Party Robustness Authority (defined in Procedural Appendix Section 4) information sufficient to enable such facility to determine that the Robustness Verification List accurately describes the compliance of the Implementation with the Robustness Rules (such review, a “Third Party Review”). In the event the Third Party Robustness Authority makes a determination that the Robustness Verification List does not accurately describe compliance of the Implementation with the Robustness Rules, Adopter’s Implementation shall not be deemed to have passed the Third Party Review. DTLA will provide instructions to Third Party Robustness Authorities requiring that such a determination shall be provided in the form of a report issued to Adopter, which report shall be retained by Adopter and the applicable Third Party Robustness Authority and shall be made available to DTLA or Third Party Beneficiaries in the event of an allegation that one or more of Adopter’s purported Licensed Products are not compliant with the Robustness Rules. Once an Implementation has passed Third Party Review, other products of Adopter may use the same Implementation without requiring re-submission to Third Party Review. If such Implementation is Partially Renewable, the Third Party Review may, at Adopter’s election, be limited to the portions of the Implementation that are not Renewable. For clarification, Adopter may choose to obtain Third Party Review for a Renewable Implementation. 4.3.2 DTLA shall make available to Adopters a list of approved third party facilities.