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Test Plan. The Parties understand, acknowledge and agree to participate in the Program as set
forth in the Evaluation Protocols, a copy of which are attached as Schedule A to this Agreement
and incorporated by reference herein. By executing this Agreement, the Participant understands,
acknowledges and agrees that it:
(a)
has had an adequate opportunity to review, analyze and consider one or
more drafts of the Evaluation Protocols and to submit comments and
objections before the Evaluation Protocols took its final form;
(b)
is satisfied that the final Evaluation Protocols, as attached and
incorporated into this Agreement, and the terms and conditions set forth in
this Agreement are fair, objective and reasonable; and
(c)
will abide by all terms and conditions set forth in the Evaluation Protocols
and this Agreement.
The Participant further understands, acknowledges and agrees that it shall not
withdraw or attempt to withdraw its participation in the Program at any time after executing this
Agreement.
3.
Amendments to Evaluation Protocols. The Participant understands and
acknowledges that the development of the Evaluation Protocols has been a collaborative process
involving itself, MERC, and other potential Participants, and that the final Evaluation Protocols
embodies a protocol on which all have agreed, and to which all have agreed to abide. In order to
maintain the integrity of the Program, the Participant understands, acknowledges and agrees,
therefore, that the Evaluation Protocols cannot and will not be amended after the Program has
begun under any circumstances, foreseen or unforeseen, without the express and unanimous
written consent of MERC and all Participants.
4.
The Product(s). The Parties agree that the Participant has submitted, and
MERC has accepted, the following product(s) (the “Product(s)”) for testing pursuant to the
Treatment Performance Evaluation: [INSERT NAMES/IDENTIFYING SPECS OF
PRODUCTS, QUANTITIES, AND WHATEVER OTHER INFORMATION WE WANT
HERE]