Common use of Acceptance Certificate Clause in Contracts

Acceptance Certificate. 4.1 When the System has been completed in accordance with the Agreement and has passed the Acceptance Tests, you shall be entitled to apply to us for the issue of an Acceptance certificate (“Certificate”) and we shall issue the Certificate within seven (7) days of an application which you are entitled to make. Minor cosmetic errors or errors for which fixes can be delivered prior to operational use will not prevent the issue of the Certificate but all such errors shall be identified on the Certificate and corrected within the time periods specified in the Certificate 4.2 If the System or a Service shall fail to pass the Acceptance Tests and any repeat Acceptance Tests as provided for in this appendix then we shall be entitled by written notice to you to exercise at its sole option any of the following rights: a) To require you to carry out all or any of the Acceptance Tests at such rate as we shall require at your sole cost and otherwise on the same terms and conditions as the repeat tests. If the System shall pass such Acceptance Tests, then you may then apply for the issue of the Certificate. If the System fails all or any of such Acceptance Test then we shall have the further rights set out in this clause. b) Accept the System or a Service subject to a reasonable abatement of the Fee to take account of the loss to the Government caused by the failure of the System or a Service or any part thereof to conform to the requirements specified in the Acceptance Tests. The amount of such loss shall be agreed between the parties or, in default of agreement within fourteen (14) days of the notice issued by us under this appendix, as shall be determined by an expert appointed under the Agreement. c) Accept that part of the System or a Service, which has passed the Acceptance Tests, and reject that part of the System or a Service, which has failed the Acceptance Tests. You shall then be entitled to a partial Certificate in respect of that part which has been accepted. Such partial rejection shall not constitute termination of the Agreement but you shall be liable to us for such compensation for the part of the System or Service rejected as may be agreed by the parties within fourteen (14) days of the notice issued by us under this appendix, or in default of agreement, as shall be determined by the expert appointed under this Agreement. d) Reject the System or a Service as not being in conformity with the Agreement and terminate the Agreement for default by you, in accordance with the terms of this Agreement.

Acceptance Certificate. 4.1 When the System has been completed in accordance with the Agreement and has passed the Acceptance Tests, you shall be entitled to apply to us the Government for the issue of an Acceptance certificate (“Certificate”) and we the Government shall issue the Certificate within seven (7) 7 days of an application which you are entitled to make. Minor cosmetic errors or errors for which fixes can be delivered prior to operational use will not prevent the issue of the Certificate but all such errors shall be identified on the Certificate and corrected within the time periods specified in the Certificate 4.2 Certificate If the System or a Service shall fail to pass the Acceptance Tests and any repeat Acceptance Tests as provided for in this appendix then we the Government shall be entitled by written notice to you to exercise at its sole option any of the following rights: a) : To require you to carry out all or any of the Acceptance Tests at such rate as we the Government shall require at your sole cost and otherwise on the same terms and conditions as the repeat tests. If the System shall pass such Acceptance Tests, then you may then apply for the issue of the Certificate. If the System fails all or any of such Acceptance Test then we the Government shall have the further rights set out in this clause. b) . Accept the System or a Service subject to a reasonable abatement of the Fee to take account of the loss to the Government caused by the failure of the System or a Service or any part thereof to conform to the requirements specified in the Acceptance Tests. The amount of such loss shall be agreed between the parties or, in default of agreement within fourteen (14) 14 days of the notice issued by us the Government under this appendix, as shall be determined by an expert appointed under the Agreement. c) . Accept that part of the System or a ServiceSystem, which has passed the Acceptance Tests, and reject that part of the System or a ServiceSystem, which has failed the Acceptance Tests. You shall then be entitled to a partial Certificate in respect of that part which has been accepted. Such partial rejection shall not constitute termination of the Agreement but you shall be liable to us for the Government such compensation for the part of the System or Service rejected as may be agreed by the parties within fourteen (14) 14 days of the notice issued by us the Government under this appendix, or in default of agreement, as shall be determined by the expert appointed under this the Agreement. d) . Reject the System or a Service as not being in conformity with the Agreement and terminate the Agreement for default by you, in accordance with the terms of this Agreement.

Acceptance Certificate. 4.1 When the System has been completed in accordance with the Agreement and has passed the Acceptance Tests, you shall be entitled to apply to us for the issue of an Acceptance certificate (“Certificate”) and we shall issue the Certificate within seven (7) days of an application which you are entitled to make. Minor cosmetic errors or errors for which fixes can be delivered prior to operational use will not prevent the issue of the Certificate but all such errors shall be identified on the Certificate and corrected within the time periods specified in the Certificate 4.2 Certificate If the System or a Service shall fail to pass the Acceptance Tests and any repeat Acceptance Tests as provided for in this appendix then we shall be entitled by written notice to you to exercise at its sole option any of the following rights: a) : To require you to carry out all or any of the Acceptance Tests at such rate as we shall require at your sole cost and otherwise on the same terms and conditions as the repeat tests. If the System shall pass such Acceptance Tests, then you may then apply for the issue of the Certificate. If the System fails all or any of such Acceptance Test then we shall have the further rights set out in this clause. b) . Accept the System or a Service subject to a reasonable abatement of the Fee to take account of the loss to the Government us caused by the failure of the System or a Service or any part thereof to conform to the requirements specified in the Acceptance Tests. The amount of such loss shall be agreed between the parties or, in default of agreement within fourteen (14) days of the notice issued by us under this appendix, as shall be determined by an expert appointed under the Agreement. c) . Accept that part of the System or a ServiceSystem, which has passed the Acceptance Tests, and reject that part of the System or a ServiceSystem, which has failed the Acceptance Tests. You shall then be entitled to a partial Certificate in respect of that part which has been accepted. Such partial rejection shall not constitute termination of the Agreement but you shall be liable to us for such compensation for the part of the System or Service rejected as may be agreed by the parties within fourteen (14) 14 days of the notice issued by us under this appendix, or in default of agreement, as shall be determined by the expert appointed under this Agreement. d) . Reject the System or a Service as not being in conformity with the Agreement and terminate the Agreement for default by you, in accordance with the terms of this Agreement.

Acceptance Certificate. 4.1 1. When the System has been completed in accordance with the Agreement and has passed the Acceptance Tests, you shall be entitled to apply to us for the issue of an Acceptance certificate certificate (“CertificateCertificate”) and we shall issue the Certificate Certificate within seven (7) days of an application which you are entitled to make. Minor cosmetic errors or errors for which fixes fixes can be delivered prior to operational use will not prevent the issue of the Certificate Certificate but all such errors shall be identified identified on the Certificate Certificate and corrected within the time periods specified specified in the CertificateCertificate 4.2 2. If the System or a Service shall fail to pass the Acceptance Tests and any repeat Acceptance Tests as provided for in this appendix then we shall be entitled by written wri[en notice to you to exercise at its sole option any of the following rights: a) To require you to carry out all or any of the Acceptance Tests at such rate as we shall require at your sole cost and otherwise on the same terms and conditions as the repeat tests. If the System shall pass such Acceptance Tests, then you may then apply for the issue of the CertificateCertificate. If the System fails all or any of such Acceptance Test then we shall have the further rights set out in this clause. b) Accept the System or a Service subject to a reasonable abatement of the Fee to take account of the loss to the Government caused by the failure of the System or a Service or any part thereof to conform to the requirements specified specified in the Acceptance Tests. The amount of such loss shall be agreed between the parties or, in default of agreement within fourteen (14) days of the notice issued by us under this appendix, as shall be determined by an expert appointed under the Agreement. c) Accept that part of the System or a Service, which has passed the Acceptance Tests, and reject that part of the System or a Service, which has failed the Acceptance Tests. You shall then be entitled to a partial Certificate Certificate in respect of that part which has been accepted. Such partial rejection shall not constitute termination of the Agreement but you shall be liable to us for such compensation for the part of the System or Service rejected as may be agreed by the parties within fourteen (14) days of the notice issued by us under this appendix, or in default of agreement, as shall be determined by the expert appointed under this Agreement. d) Reject the System or a Service as not being in conformity with the Agreement and terminate the Agreement for default by you, in accordance with the terms of this Agreement.

Acceptance Certificate. 4.1 When The Client shall issue to the System has Contractor, without undue delay, a confirmation on the proper execution of Deliverable D8 (hereinafter the “Acceptance Certificate for the Technology Operating in ELI-Beamlines Laboratory“), provided that the following conditions have been completed simultaneously satisfied: The Contractor will deliver the Technology to the Client without defects or unfinished work the Technology will be put into operation in accordance with the Agreement ELI-Beamlines laboratories in Dolní Břežany; while the results of preliminary testing demonstrate that the Technology fulfils in every aspect the requirements defined in the Technical specification; and has passed the Acceptance Tests, you Contractor delivers to the Client the operating procedures manual for the operations of the Technology. c) Fulfilment of the obligation Deliverable D8 shall be entitled deemed to apply to us for the issue of an Acceptance certificate (“Certificate”) and we shall issue the Certificate within seven (7) days of an application which you are entitled to make. Minor cosmetic errors or errors for which fixes can be delivered prior to operational use will not prevent have been fulfilled by the issue of the Acceptance Certificate but all such errors for the Technology Operating in ELI-Beamlines Laboratory. Joint provisions for the acceptance procedure and fulfilment of obligations: The Client shall not be identified on obliged, during the Certificate and corrected within the time periods specified in the Certificate 4.2 If the System or a Service shall fail to pass the Acceptance Tests and any repeat Acceptance Tests as provided for in this appendix then we shall be entitled by written notice to you to exercise at its sole option any course of the following rights: a) To require you acceptance procedure, to carry out all verify the correctness of any calculations or any details of the Acceptance Tests at such rate as we shall require at your sole cost proposed technical solutions. The assessment of and otherwise on subsequent acceptance of the same terms and conditions as individual Deliverables does not release the repeat tests. If the System shall pass such Acceptance Tests, then you may then apply Contractor from his liability for the issue correctness and completeness of the Certificateentire Work. If the System fails all or Should it be necessary to modify any of such Acceptance Test then we shall have the further rights set out in this clause. b) Accept the System or a Service subject to a reasonable abatement of the Fee to take account of the loss to the Government caused by the failure of the System or a Service or any part thereof to conform to the requirements specified in the Acceptance Tests. The amount of such loss shall be agreed between the parties or, in default of agreement within fourteen (14) days of the notice issued by us under this appendix, as shall be determined by an expert appointed under the Agreement. c) Accept that part of the System or a Service, which has passed the Acceptance Tests, and reject that part already accepted Deliverable of the System or a Service, which has failed Work in order to meet the Acceptance Tests. You shall then be entitled to a partial Certificate in respect of that part which has been accepted. Such partial rejection shall not constitute termination parameters expected of the Agreement but you completed Work, the Contractor undertakes to perform such modifications and accepts that the costs related thereto are included in the Price as agreed in Article XI Section 1 hereof. The Contractual Parties may replace meetings in person by other forms of communication, as long as they agree on such in writing. Each Contractual Party shall bear its expenditures related to their participation in meetings at the other Contractual party’s registered offices; costs which would however arise due to error, faulty performance or breach of contractual provisions of the Contractual Parties shall be liable to us for borne by that Contractual Party which caused such compensation for breach. In case the part Order remains silent on the issue, the Client shall determine, in each Acceptance Protocol also the allocation of the System or Service rejected as may be agreed by respective invoice on the parties within fourteen (14) days of the notice issued by us under this appendix, or in default of agreement, as shall be determined by the expert appointed under this AgreementELI-Beamlines and HiLASE Project. VIII. d) Reject the System or a Service as not being in conformity with the Agreement and terminate the Agreement for default by you, in accordance with the terms of this Agreement.