Common use of ACCEPTANCE AND CURE PERIOD Clause in Contracts

ACCEPTANCE AND CURE PERIOD. A. Xxxxxxxx and Deliverable Acceptance Criteria Software and Deliverables are deemed accepted when DMAS determines that the Software and Deliverables successfully operate in accordance with the Requirements and Contract documents. Acceptance of the Software and Deliverables, and for the Solution as a whole, requires delivery to DMAS of all of functionality listed in the Requirements as set forth in Exhibit A and required by DMAS in the Contract documents. Supplier shall be responsible for ensuring that all Deliverables function properly within the Solution. Acceptance of any one Deliverable will not imply DMAS’ concurrence that the Deliverable will function properly with or within the Solution. In the event that a previously Accepted Deliverable requires further modification in order to work properly with or within the Solution, Supplier shall provide the modification and cover all associated costs. DMAS shall commence Acceptance testing within thirty (30) calendar days, or within the agreed to period set forth in the Contract documents, after (i) receipt of the Software or Deliverable or (ii) being granted access to the Solution. The Acceptance testing period for the first instance of each Product type set forth in Exhibit B will last no longer than thirty (30) calendar days, unless a longer period is agreed to in writing between DMAS and Supplier. Throughout the Acceptance testing period, Supplier shall provide to DMAS any assistance and advice as DMAS may reasonably require. Supplier shall provide this assistance and advice at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract below. DMAS shall provide to Supplier written notice of Acceptance upon completion of successful Acceptance testing. In the event that DMAS fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no deemed Acceptance of the Solution. B. Solution Acceptance Criteria The Solution will be deemed accepted when DMAS determines that the Solution successfully operates in accordance with the Requirements and, if applicable, successful completion of Acceptance testing. DMAS shall commence Acceptance testing within thirty (3) calendar days after deployment of the Solution. The Acceptance testing period will be completed within thirty (30) calendar days after deployment of the Solution, or such longer period as may be agreed to in writing between DMAS and Supplier. Supplier shall provide DMAS with any assistance and advice DMAS may reasonably require during the Acceptance testing. Throughout the Acceptance testing period, Supplier shall provide to DMAS any assistance and advice as DMAS may reasonably require. Supplier shall provide this assistance and advice at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract below. DMAS shall provide to Supplier written notice of Acceptance upon completion of successful Acceptance testing. In the event that DMAS fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no deemed Acceptance of the Solution. C. Xxxxxxxx and Deliverable Cure Period Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Software or Deliverable for re-testing within seven (7) calendar days of receipt of the appropriate DMAS’ written notice of non-conformance, or as otherwise agreed between DMAS and Supplier in the Contract documents. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, DMAS may, in its sole discretion: (i) reject the Software or Deliverable in its entirety and recover amounts previously paid to Supplier; (ii) issue a “partial Acceptance” of the Software or Deliverable with an equitable adjustment in the price to account for any deficiency; or (iii) conditionally accept the applicable Software or Deliverable while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Software or a Deliverable to meet, in all material respects, the Requirements after the second set of Acceptance tests will constitute a breach by Supplier, and DMAS may, at its sole discretion, terminate this Contract, in whole or in part, for the Solution to be provided by Supplier.

ACCEPTANCE AND CURE PERIOD. A. X. Xxxxxxxx and Deliverable Acceptance Criteria Software and Deliverables are Service(s) will be deemed accepted when DMAS the Authorized User determines that the Software and Deliverables successfully operate in accordance with Service(s) meet(s) the Requirements and Contract documents. Acceptance of the Software and Deliverables, and for the Solution as a whole, requires delivery to DMAS of all of functionality listed in the Requirements as set forth in Exhibit A and required by DMAS in the Contract documentsapplicable order or SOW. Supplier shall be responsible for ensuring that all Deliverables function properly within the Solution. Acceptance of ensure any one individual Deliverable will not imply DMAS’ concurrence that the Deliverable will function functions properly with any other Deliverables provided pursuant to the order or within the SolutionSOW. In the event that a previously Accepted Deliverable requires further modification in order to work properly with or within the Solutionany other Deliverable, Supplier shall provide be responsible for all costs associated with the modification and cover all associated costsmodification. DMAS Authorized User shall commence Acceptance testing within thirty five (305) calendar days after Receipt of the Service, or within such other period as set forth in the applicable order or SOW Acceptance testing will last no longer than ten (10) calendar days, or within the unless otherwise agreed to period set forth in the Contract documentswriting between Authorized User and Supplier, after (i) receipt of the Software for each Deliverable, or Deliverable or (ii) being granted access to the Solution. The Acceptance testing period for the first instance of each Product Service type set forth in Exhibit B will last no longer than thirty (30) calendar days, unless a longer period is agreed to in writing between DMAS and Supplier. Throughout the Acceptance testing period, B. Supplier shall provide to DMAS the Authorized User any assistance and advice as DMAS the Authorized User may reasonably require. Supplier shall provide this assistance and advice , at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract belowduring Acceptance testing. DMAS Authorized User shall provide to Supplier written notice of Acceptance upon completion of installation and successful Acceptance testing. In the event that DMAS the Authorized User fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no deemed Acceptance of the Solution. B. Solution Acceptance Criteria The Solution Service will be deemed accepted when DMAS determines that the Solution successfully operates in accordance with the Requirements and, if applicable, successful completion of Acceptance testing. DMAS shall commence Acceptance testing within thirty (3) calendar days after deployment of the Solution. The Acceptance testing period will be completed within thirty (30) calendar days after deployment of the Solution, or such longer period as may be agreed to in writing between DMAS and Supplier. Supplier shall provide DMAS with any assistance and advice DMAS may reasonably require during the Acceptance testing. Throughout the Acceptance testing period, Supplier shall provide to DMAS any assistance and advice as DMAS may reasonably require. Supplier shall provide this assistance and advice at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract below. DMAS shall provide to Supplier written notice of Acceptance upon completion of successful Acceptance testing. In the event that DMAS fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no deemed Acceptance of the SolutionAccepted. C. X. Xxxxxxxx and Deliverable Cure Period Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Software or Deliverable non-conforming Service for re-testing within seven (7) calendar days of Supplier’s receipt of the appropriate DMAS’ written notice of non-conformance, or as unless otherwise agreed to between DMAS the Authorized User and Supplier in the Contract documentsapplicable order or SOW. In the event Should Supplier fails fail to cure the non-conformity or deliver Software or a Deliverable that Service which meets the Requirements, DMAS the Authorized User may, in its sole discretion: (i) : i. reject the Software or Deliverable Service in its entirety entirety, and any Service rendered unusable due to the non-conforming Service, and recover amounts previously paid to Supplier; (Supplier for all such Services; ii) . issue a “partial Acceptance” of the Software or Deliverable Service with an equitable adjustment in the price to account for any such deficiency; or (or iii) . conditionally accept the applicable Software or Deliverable Service while reserving its right to revoke Acceptance if Supplier fails to make a timely correction is not forthcomingcorrection. Failure of the Software or a Deliverable Service to meet, in all material respects, the Requirements after the second set of Acceptance acceptance tests will may constitute a breach by Supplier. In the event of such breach, and DMAS the Authorized User may, at its sole discretion, terminate this Contractits order or SOW, in whole or in part, for the Solution Services to be provided by Supplier.

ACCEPTANCE AND CURE PERIOD. A. X. Xxxxxxxx and Deliverable Acceptance Criteria Software and Deliverables are deemed accepted when DMAS determines that the Software and Deliverables successfully operate in accordance with the Requirements and Contract documents. Acceptance of the Software and Deliverables, and for the Solution as a whole, requires delivery to DMAS of all of functionality listed in the Requirements as set forth in Exhibit A and required by DMAS in the Contract documents. Supplier shall be responsible for ensuring that all Deliverables function properly within the Solution. Acceptance of any one Deliverable will not imply DMAS’ concurrence that the Deliverable will function properly with or within the Solution. In the event that a previously Accepted Deliverable requires further modification in order to work properly with or within the Solution, Supplier shall provide the modification and cover all associated costs. DMAS shall commence Acceptance testing within thirty (30) calendar days, or within the agreed to period set forth in the Contract documents, after (i) receipt of the Software or Deliverable or (ii) being granted access to the Solution. The Acceptance testing period for the first instance of each Product type set forth in Exhibit B will last no longer than thirty (30) calendar days, unless a longer period is agreed to in writing between DMAS and Supplier. Throughout the Acceptance testing period, Supplier shall provide to DMAS any assistance and advice as DMAS may reasonably require. Supplier shall provide this assistance and advice at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract below. DMAS shall provide to Supplier written notice of Acceptance upon completion of successful Acceptance testing. In the event that DMAS fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no deemed Acceptance of the Solution. B. Solution Acceptance Criteria The Solution will be deemed accepted when DMAS determines that the Solution successfully operates in accordance with the Requirements and, if applicable, successful completion of Acceptance testing. DMAS shall commence Acceptance testing within thirty (3) calendar days after deployment of the Solution. The Acceptance testing period will be completed within thirty (30) calendar days after deployment of the Solution, or such longer period as may be agreed to in writing between DMAS and Supplier. Supplier shall provide DMAS with any assistance and advice DMAS may reasonably require during the Acceptance testing. Throughout the Acceptance testing period, Supplier shall provide to DMAS any assistance and advice as DMAS may reasonably require. Supplier shall provide this assistance and advice at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract below. DMAS shall provide to Supplier written notice of Acceptance upon completion of successful Acceptance testing. In the event that DMAS fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no deemed Acceptance of the Solution. C. X. Xxxxxxxx and Deliverable Cure Period Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Software or Deliverable for re-testing within seven (7) calendar days of receipt of the appropriate DMAS’ written notice of non-conformance, or as otherwise agreed between DMAS and Supplier in the Contract documents. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, DMAS may, in its sole discretion: (i) reject the Software or Deliverable in its entirety and recover amounts previously paid to Supplier; (ii) issue a “partial Acceptance” of the Software or Deliverable with an equitable adjustment in the price to account for any deficiency; or (iii) conditionally accept the applicable Software or Deliverable while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Software or a Deliverable to meet, in all material respects, the Requirements after the second set of Acceptance tests will constitute a breach by Supplier, and DMAS may, at its sole discretion, terminate this Contract, in whole or in part, for the Solution to be provided by Supplier.

ACCEPTANCE AND CURE PERIOD. A. X. Xxxxxxxx and Deliverable Acceptance Criteria Software and Deliverables are deemed accepted when DMAS OAG determines that the Software and Deliverables successfully operate in accordance with the Requirements and Contract documentsapplicable order or SOW. Acceptance of the Software and Deliverables, and for the Solution as a whole, requires delivery to DMAS OAG of all of functionality listed in the Requirements as set forth in Exhibit A and required by DMAS OAG in the Contract documentsapplicable order or SOW. Supplier shall be responsible for ensuring that all Deliverables function properly within the Solution. Acceptance of any one Deliverable will not imply DMAS’ OAG's concurrence that the Deliverable will function properly with or within the Solution. In the event that a previously Accepted Deliverable requires further modification in order to work properly with or within the Solution, Supplier shall provide the modification and cover all associated costs. DMAS OAG shall commence Acceptance testing within thirty XX (30XX) calendar days, or within the agreed to period set forth in the Contract documentsapplicable order or SOW, after (i) receipt of the Software or Deliverable or (ii) being granted access to the Solution. The Acceptance testing period for the first instance of each Product type set forth in Exhibit B will last no longer than thirty XX (30XX) calendar days, unless a longer period is agreed to in writing between DMAS OAG and Supplier. Throughout the Acceptance testing period, Supplier shall provide to DMAS OAG any assistance and advice as DMAS OAG may reasonably require. Supplier shall provide this assistance and advice at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS OAG pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract below. DMAS OAG shall provide to Supplier written notice of Acceptance upon completion of successful Acceptance testing. In the event that DMAS fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no deemed Acceptance of the Solution. B. Solution Acceptance Criteria The Solution will be deemed accepted when DMAS OAG determines that the Solution successfully operates in accordance with the Requirements and, if applicable, successful completion of Acceptance testing. DMAS OAG shall commence Acceptance testing within thirty XX (3XX) calendar days after deployment of the Solution. The Acceptance testing period will be completed within thirty XX (30XX) calendar days after deployment of the Solution, or such longer period as may be agreed to in writing between DMAS OAG and Supplier. Supplier shall provide DMAS OAG with any assistance and advice DMAS OAG may reasonably require during the Acceptance testing. Throughout the Acceptance testing period, Supplier shall provide to DMAS OAG any assistance and advice as DMAS OAG may reasonably require. Supplier shall provide this assistance and advice at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS OAG pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract below. DMAS OAG shall provide to Supplier written notice of Acceptance upon completion of successful Acceptance testing. In the event that DMAS fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no deemed Acceptance of the Solution. C. Xxxxxxxx and Deliverable Cure Period Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Software or Deliverable for re-testing within seven (7) calendar days of receipt of the appropriate DMAS’ written notice of non-conformance, or as otherwise agreed between DMAS and Supplier in the Contract documents. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, DMAS may, in its sole discretion: (i) reject the Software or Deliverable in its entirety and recover amounts previously paid to Supplier; (ii) issue a “partial Acceptance” of the Software or Deliverable with an equitable adjustment in the price to account for any deficiency; or (iii) conditionally accept the applicable Software or Deliverable while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Software or a Deliverable to meet, in all material respects, the Requirements after the second set of Acceptance tests will constitute a breach by Supplier, and DMAS may, at its sole discretion, terminate this Contract, in whole or in part, for the Solution to be provided by Supplier.

ACCEPTANCE AND CURE PERIOD. A. X. Xxxxxxxx and Deliverable Acceptance Criteria Software and Deliverables are deemed accepted when DMAS the Authorized User determines that the Software and Deliverables successfully operate in accordance with the Requirements and Contract documentsapplicable order or SOW. Acceptance of the Software and Deliverables, and for the Solution as a whole, requires delivery to DMAS the Authorized User of all of functionality listed in the Requirements as set forth in Exhibit A and required by DMAS the Authorized User in the Contract documentsapplicable order or SOW. Supplier shall be responsible for ensuring that all Deliverables function properly within the Solution. Acceptance of any one Deliverable will not imply DMAS’ Authorized User's concurrence that the Deliverable will function properly with or within the Solution. In the event that a previously Accepted Deliverable requires further modification in order to work properly with or within the Solution, Supplier shall provide the modification and cover all associated costs. DMAS Authorized User shall commence Acceptance testing within thirty fifteen (3015) calendar days, or within the agreed to period set forth in the Contract documentsapplicable order or SOW, after (i) receipt of the Software or Deliverable or (ii) being granted access to the Solution. The Acceptance testing period for the first instance of each Product type set forth in Exhibit B will last no longer than thirty (30) calendar days, unless a longer period is agreed to in writing between DMAS Authorized User and Supplier. Throughout the Acceptance testing period, Supplier shall provide to DMAS the Authorized User any assistance and advice as DMAS the Authorized User may reasonably require. Supplier shall provide this assistance and advice at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS the Authorized User pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract below. DMAS Authorized User shall provide to Supplier written notice of Acceptance upon completion of successful Acceptance testing. In the event that DMAS Authorized User fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no Solution will be deemed Acceptance of the SolutionAccepted. B. Solution Acceptance Criteria The Solution will be deemed accepted when DMAS the Authorized User determines that the Solution successfully operates in accordance with the Requirements and, if applicable, successful completion of Acceptance testing. DMAS Authorized User shall commence Acceptance testing within thirty fifteen (315) calendar days after deployment of the Solution. The Acceptance testing period will be completed within thirty (30) calendar days after deployment of the Solution, or such longer period as may be agreed to in writing between DMAS Authorized User and Supplier. Supplier shall provide DMAS Authorized User with any assistance and advice DMAS the Authorized User may reasonably require during the Acceptance testing. Throughout the Acceptance testing period, Supplier shall provide to DMAS the Authorized User any assistance and advice as DMAS the Authorized User may reasonably require. Supplier shall provide this assistance and advice at no additional cost, other than pre-approved travel expenses incurred which are reimbursable by DMAS the Authorized User pursuant to the terms and conditions of the “Reimbursement of Expenses” section of this Contract below. DMAS Authorized User shall provide to Supplier written notice of Acceptance upon completion of successful Acceptance testing. In the event that DMAS Authorized User fails to provide Supplier written notice of successful or unsuccessful Acceptance testing within five (5) business days following the end of the Acceptance testing period, Supplier should escalate the Acceptance response as appropriate. There is no deemed Acceptance of the Solution. C. Xxxxxxxx and Deliverable Cure Period Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Software or Deliverable for re-testing within seven (7) calendar days of receipt of the appropriate DMAS’ written notice of non-conformance, or as otherwise agreed between DMAS and Supplier in the Contract documents. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, DMAS may, in its sole discretion: (i) reject the Software or Deliverable in its entirety and recover amounts previously paid to Supplier; (ii) issue a “partial Acceptance” of the Software or Deliverable with an equitable adjustment in the price to account for any deficiency; or (iii) conditionally accept the applicable Software or Deliverable while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Software or a Deliverable to meet, in all material respects, the Requirements after the second set of Acceptance tests will constitute a breach by Supplier, and DMAS may, at its sole discretion, terminate this Contract, in whole or in part, for the Solution to will be provided by Supplierdeemed Accepted.