Common use of Prototype Evaluation Clause in Contracts

Prototype Evaluation. Customer will promptly evaluate the Prototypes and advise Open-Silicon in writing whether the Prototypes conform to agreed upon specifications for the Product, as set forth in the SOW. The prototype evaluation period shall not exceed [***] after shipment of initial prototypes (the “Prototype Evaluation Period”). If Customer concludes during the Prototype Evaluation Period, that the Prototypes are not conforming, then Customer will submit a written notice of rejection (“Notice of Prototype Rejection”) to Open-Silicon describing in reasonable detail the perceived deficiency or nonconformance of the prototype. If the Customer does not submit a notice of rejection to Open-Silicon during the Prototype Evaluation Period, the Prototypes will be deemed accepted. Customer may accept the Prototypes prior to the expiration of the Prototype Evaluation Period by signing and submitting to Open-Silicon a Prototype Approval Form attached hereto as Exhibit B-1.

Prototype Evaluation. Customer will promptly evaluate the Prototypes and advise Open-Silicon in writing whether the Prototypes conform to agreed upon specifications for the Product, as set forth in the SOW. The prototype evaluation period shall not exceed [***] after shipment of initial prototypes (the “Prototype Evaluation Period”). If Customer concludes during the Prototype Evaluation Period, that the Prototypes are not conforming, then Customer will submit a written notice of rejection (“Notice of Prototype Rejection”) to Open-Silicon describing in reasonable detail the perceived deficiency or nonconformance of the prototype. If the Customer does not submit a notice of rejection to Open-Silicon during the Prototype Evaluation Period, the Prototypes will be deemed accepted[***]. Customer may accept the Prototypes prior to the expiration of the Prototype Evaluation Period by signing and submitting to Open-Silicon a Prototype Approval Form attached hereto as Exhibit B-1.