Common use of Ongoing Verification Clause in Contracts

Ongoing Verification. Regardless of which method of initial certification is undertaken, after the Product Certification Date all certified Products are subject to ongoing verification testing by Alliance’s internal testing resources and/or third parties, including opportunity testers (collectively, “Alliance Testers”), to determine whether such certified Product continues to meet the applicable ioXt Standards. In the event a potential vulnerability or other noncompliance with the applicable ioXt Standards (a “Vulnerability”) is identified by Alliance (including the Alliance Testers), Alliance will notify the Customer of such Vulnerability in a written certification dispute report (“Certification Dispute Report”), which will include reasonable detail about the Vulnerability discovered and the applicable Certification Dispute Report Fee. Alliance will use commercially reasonable efforts to keep the Certification Dispute Reports non-public for a period of ninety (90) days from the date such report is delivered to Customer. In addition, Customer will promptly notify Alliance in writing if it becomes aware of any Vulnerability after the Product Certification Date prior to its receipt of any Certification Dispute Report regarding the Product.