Acceptance certificates. (a) Upon ExpressVu being satisfied that any Acceptance Test Procedures detailed on the ▇▇▇▇▇ Chart have reached Successful Completion, ExpressVu shall verify its acceptance as indicated by the signature of a duly appointed representative of ExpressVu on an Acceptance Certificate, such approval and signature to be promptly provided and not to be unreasonably withheld, and if reasonably withheld notice thereof with specific reasons for withholding shall promptly be provided to HTS. In the event it is determined under arbitration hereunder that approval should have been provided by ExpressVu in the circumstances, ExpressVu shall, in addition to all remedies available to HTS available at law, pay interest on any payment due at a rate of 24% per annum from the date due until such payment obligations are satisfied in full. ExpressVu acknowledges that the Successful Completion of the Stat Muxing system shall be later and not form a part of the acceptance of the System Completion. (b) Notwithstanding anything else herein contained, an acceptance test shall be deemed to have been passed, and ExpressVu shall issue an Acceptance Certificate in respect thereof, if the results of the test demonstrate that the System (or the component thereof subject to any particular Acceptance Test Procedures) is performing in all material respects at least as well as the system used by EchoStar to provide its DTH Service.
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Sources: Annual Report, Agreement (Echostar Communications Corp)