if the preliminary Asset Review Report indicates that any of the representations and warranties fails or is deemed to fail any Test, the ​ shall have 90 days from receipt of the preliminary Asset Review Report to remedy or otherwise refute the Test failure indicated in the preliminary Asset Review Report. If the ​ elects to refute the Test failure indicated in the preliminary Asset Review Report, the ​ shall provide any documents or any explanations to support # a conclusion that a subject representation and warranty has not failed a Test or # a claim that any missing documents in the Review Materials are not required to complete a Test, in any such case to the Asset Representations Reviewer;