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Below is a sample “Responsibilities of the Parties” section of a beta trial agreement. Note that this model favors the party supplying the trial products. In cases where your client is trialing another company’s products, you’ll need to adapt it appropriately. Note also that this is not a field trial or first office application agreement; it doesn’t carry the protection either party would want if the trial involved live data or vital communications. SAMPLE CLAUSE RESPONSIBILITIES OF THE PARTIES A. The parties will: 1. Agree on a written Test Plan within 10 days of start of the Trial Period. At a minimum, the Test Plan will include milestones, a test schedule and a detailed description of the support Supplier will provide during the Trial. 2. Bear their respective costs incurred in conducting the Trial. B. Supplier will: 1. Deliver the Trial Products to the Trial Facility on ___ [date]. Supplier [will/will not] install the Trial Products at the Trial Facility. 2. Remove the Trial Products from the Trial Facility at the end of the Trial Period. 3. Perform any other Supplier obligations described in this Agreement and the Test Plan. C. Company will: 1. Use the Trial Products only in accord with the license provided below. 2. Follow Supplier’s instructions and specifications related to the Trial Products. 3. Furnish Supplier with the names and telephone numbers of Company’s employees who are participating in the Trial; answer surveys and participate in interviews relating to the use and testing of the Trial Products; provide Supplier with a copy of any report or data produced by the Trial; and promptly inform Supplier of any difficulties or malfunctions Company experiences with the Trial Products. 4. Allow Supplier to have reasonable access to the Trial Facility and the Trial Products. If Supplier requests, Company will give Supplier access to Company’s other facilities (including Company’s network) to allow Supplier to remotely administer, diagnose and monitor the Trial Products. 5. Safeguard its own systems, files and data during the use of the Trial Products. 6. Protect the Trial Products from any use not directly connected to the Trial. 7. Allow Supplier’s employees to remove the Trial Products from the Trial Facility at the end of the Trial Period and provide whatever reasonable assistance is necessary to do so. 8. Perform any other Company obligations described in this Agreement and the Test Plan. This sample clause is intended to serve solely as an exemplar and may need to be modified to conform to the legal requirements of your jurisdiction. It in no way constitutes legal advice. Mary E. Grant serves as corporate counsel at Lucent Technologiesin New York. E-mail: [email protected].

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