Effective for plan years beginning on or after January 1, 2015, the plan administrator shall calculate the actual deferral percentage for the highly compensated employees using the prior year testing method.

The costs of the third-party testing report, as required by ZTE’s clients, provided by suppliers directly supplying materials to ZTE’s engineering projects shall be borne by such suppliers;

The Consultant shall provide consulting, design, manufacturing, assembly and testing services to the Company with respect to the Company’s machines and business at the remuneration as provided for in this Agreement.

SELLER shall be solely responsible for all reasonable costs and expenses, including testing, transportation, re-refining, and handling costs incurred by the Companies in returning, replacing or otherwise correcting off-specification Product.

“Specifications” means the specifications for the Parts, including, but not limited to, product specifications, manufacturing, testing, labeling, packaging and storing instructions, and standards of quality, which are attached under [Exhibit A] hereto.

For purposes of this Agreement, the “Tested Amount” shall be equal to the greater of: # an amount equal to # 125% of the Covered Debt Amount (as of the applicable Valuation Testing Date) minus # the sum of the values of all Quoted Investments included in the Borrowing Base (as of the applicable Valuation Testing Date) and # 10% of the aggregate value of all Unquoted Investments included in the Borrowing Base; provided, however, in no event shall more than 25% of the aggregate value of the Unquoted Investments in the Borrowing Base

For the second calendar month immediately following the end of each fiscal quarter commencing with the quarter ending March 31, 2023 (the last such fiscal quarter is referred to herein as, the “Testing Period”) and to the extent that there is any LC Exposure that is outstanding during any such Testing Period, the Issuing Bank shall cause an Approved Third-Party Appraiser selected by the Issuing Bank to value such number of Unquoted Investments (selected by the Issuing Bank) that collectively have an aggregate Value approximately equal to the Calculation Amount;

Fixed Charge Coverage Ratio. During any Covenant Testing Period, [[Organization A:Organization]] will cause to be maintained, as of each Fixed Charge Coverage Test Date, a Fixed Charge Coverage Ratio as of the twelve (12) month period then ended of not less than 1.0 to 1.0; provided that for any testing of the Fixed Charge Coverage Ratio for any period ending on or prior to December 31, 2017, such test shall be for the period commencing on January 1, 2017 and ending on the last day of the applicable month.

The Parties acknowledge that nothing in the foregoing is intended to restrict ​ from testing and validating the ​ Products to the extent necessary for the purpose of fulfilling its obligations under the Agreement.

#[[Organization A:Organization]] shall have the right to perform laboratory analyses in order to verify the results of SELLER’s laboratory analyses; provided however, that such verification analyses shall be performed in a timely manner. Deliveries may be delayed until such confirmation testing is complete.