Acceptance Date Disagreement Clause Samples

The Acceptance Date Disagreement clause defines the process for resolving disputes regarding the date on which a deliverable or service is considered accepted by the parties. Typically, this clause outlines the steps to be taken if one party contests the proposed acceptance date, such as requiring written notice of disagreement and establishing a timeframe for resolution or escalation. Its core function is to ensure clarity and prevent misunderstandings about when obligations tied to acceptance begin, thereby reducing the risk of disputes and potential delays in project timelines.
Acceptance Date Disagreement. If the Owner determines at any time during such 60-day review period that it does not concur with the Design-Builder’s certification delivered pursuant to subsection 4.3(E) (Test Report), the Owner shall immediately send written notice to the Design-Builder of the basis for its disagreement. In the event of any such non- concurrence by the Owner, either party may elect to initiate dispute resolution procedures in accordance with Section 8.12 (Non-Binding Dispute Resolution Procedures). Acceptance shall not be deemed to have been achieved unless the Acceptance Tests, conducted in a unified and continuous manner as provided in the Acceptance Test Plan and in Appendix 7 (Acceptance Test Requirements and Procedures), demonstrate that all of the Acceptance Standards and Requirements have been met. In the event the Design-Builder, in conducting the Acceptance Tests, does not successfully meet the Acceptance Standards and Requirements, the Design- Builder shall re-test the Design-Build Improvements in accordance with Appendix 7 (Acceptance Test Requirements and Procedures). Nothing in this Section shall prevent the Design-Builder from bringing an action or from repeating any Acceptance Test in order to establish the achievement of Acceptance. The Design-Builder shall provide the Owner with at least three days’ written notice of any re-test of the Acceptance Tests.
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Acceptance Date Disagreement. If the City determines at any time during such 30-day review period that it does not concur with the Company’s certification of Acceptance, the City shall immediately send written notice to the Company of the basis for its disagreement. In the event of any such non-concurrence by the City, either party may elect to refer the dispute to Non-Binding Mediation for resolution pursuant to Section 12.2. The Mediator shall issue a decision within 60 days of the dispute referral unless both parties agree that more time is appropriate. In the event that the Mediator fails to issue a decision within the applicable time period, then either party may initiate judicial proceedings. The parties acknowledge and agree that any decision rendered by the Mediator as to whether Acceptance has occurred shall be non-binding. Acceptance shall not be deemed to have been achieved unless the Acceptance Tests, conducted in a unified and continuous manner as provided in the Acceptance Test plan and in Schedule 11, demonstrate that all of the Acceptance Test Procedures and Standards have been met. In the event the Company, in conducting the Acceptance Tests, does not successfully meet the Acceptance Test Procedures and Standards, the Company shall re-test the Design-Build Improvements in accordance with Schedule 11. Nothing in this Section shall prevent the Company from bringing an action or from repeating any Acceptance Test in order to establish the achievement of Acceptance. The Company shall provide the City with at least three days’ written notice of any re-test of the Acceptance Tests.
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Acceptance Date Disagreement. If SRWA determines at any time during such 30-day review period that it does not concur with the Company’s certification delivered pursuant to subsection 5.3(D) (Test Report), SRWA shall promptly send written notice to the Company of the basis for its disagreement. In the event of any such non-concurrence by SRWA, either party may elect to initiate dispute resolution procedures in accordance with Section 7.10 (Dispute Resolution Procedures). Acceptance shall not be deemed to have been achieved unless the Acceptance Tests, conducted as provided in the Acceptance Test Plan and Appendix 7 (Pre-Acceptance and Acceptance Testing Requirements), demonstrate that all of the Acceptance Test Procedures and Standards have been met. In the event the Company, in conducting the Acceptance Tests, does not successfully meet the Acceptance Test Procedures and Standards, the Company shall re-test the Regional Water Facilities in accordance with Appendix 7 (Pre-Acceptance and Acceptance Testing Requirements). Nothing in this Section shall prevent the Company from repeating any Acceptance Test in order to establish the achievement of Acceptance. The Company shall provide SRWA with at least three days’ written notice of any re-test of the Acceptance Tests.
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Acceptance Date Disagreement. If the BWS determines at any time during such 60-day review period that it does not concur with the DBOM Contractor’s certification delivered pursuant to subsection 9.2(E) (Test Report), the BWS shall immediately send written notice to the DBOM Contractor of the basis for its disagreement. In the event of any such non-concurrence by the BWS, the DBOM Contractor may elect to initiate dispute resolution procedures in accordance with Section 16.3 (Authority to Resolve Contract and Breach of Contract Controversies). Acceptance shall not be deemed to have been achieved unless the Acceptance Tests, conducted in a unified and continuous manner as provided in the Full Facility Test and Acceptance Test Plan and in Schedule 9 (Acceptance Testing Requirements), demonstrate that all of the Project Acceptance Criteria have been met. In the event the DBOM Contractor, in conducting the Acceptance Tests, does not successfully meet the Project Acceptance Criteria, the DBOM Contractor shall take all action necessary (including making all capital investments, improvements or modifications, repairs and replacements and Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 9 - Commissioning, Testing, Acceptance and Final Completion ​ operating and management practices changes) in order for the Project to comply with the Project Acceptance Criteria and shall re-test the Project in accordance with Schedule 9 (Acceptance Testing Requirements). The DBOM Contractor shall provide the BWS with at least three days’ written notice of any re-test of the Acceptance Tests. Any capital investment, improvement or modification required to be made pursuant to this subsection, reasonably expected to result in a change to the Design and Construction Requirements, shall be subject to the BWS’s rights under Section 7.2 (Changes to the Design and Construction Requirements at DBOM Contractor Request).
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Related to Acceptance Date Disagreement

  • Termination Date Determination Seller will not designate the Termination Date (as defined in the Receivables Sale Agreement), or send any written notice to Originator in respect thereof, without the prior written consent of the Agent, except with respect to the occurrence of such Termination Date arising pursuant to Section 5.1(d) of the Receivables Sale Agreement.

  • Acceptance Date The date the Department accepts a Deliverable or System in accordance with Section 7 below shall be deemed the Acceptance Date for each Deliverable or System.

  • Termination Notice If either Party, having become entitled to do so, decides to terminate this Agreement pursuant to the preceding Clause 8.2 (a) (i) or 8.2 (a) (ii), it shall issue Termination Notice setting out: (i) in sufficient detail the underlying Force Majeure Event; (ii) the Termination Date which shall be a date occurring not earlier than 60 (sixty) days from the date of Termination Notice; (iii) the estimated Termination Payment including the details of computation thereof and; (iv) any other relevant information.

  • Non-Renewal Termination If the Agreement expires as set forth in Section 6(g) [Non-Renewal Termination], then, subject to Section 22 [Compliance with Section 409A], in addition to all salary, annual bonuses, expense reimbursements, benefits and accrued vacation days earned by the Executive pursuant to Section 4 through the date of the Executive’s termination of employment, the Executive shall be entitled to the compensation set forth in Sections 8(d)(i) through (v), provided that within sixty days following the Executive’s termination of employment (i) the Executive has executed and delivered the Release to the Company, and (ii) the Release has become irrevocable:

  • Notice and Date of Termination (a) Any termination of the Executive’s employment by the Company or by the Executive shall be communicated by a written notice of termination to the other party (the “Notice of Termination”). Where applicable, the Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. Unless the Board or a committee thereof, in writing, provides a longer notice period, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within one hundred eighty (180) days of the act or failure to act that the Executive alleges to constitute Good Reason. (b) The date of the Executive’s termination of employment with the Company (the “Date of Termination”) shall be determined as follows: (i) if the Executive’s Separation from Service is at the volition of the Company, then the Date of Termination shall be the date specified in the Notice of Termination (which, in the case of a termination by the Company other than for Cause, shall not be less than two (2) weeks from the date such Notice of Termination is given unless the Company elects to pay the Executive, in addition to any other amounts payable hereunder, an amount (the “Payment in Lieu of Notice”) equal to two (2) weeks of the Executive’s Annual Base Salary in effect on the Date of Termination), and (ii) if the Executive’s Separation from Service is by the Executive for Good Reason, the Date of Termination shall be determined by the Executive and specified in the Notice of Termination, but in no event be less than fifteen (15) days nor more than sixty (60) days after the date such Notice of Termination is given. The Payment in Lieu of Notice shall be paid on such date as is required by law, but no later than thirty (30) days after the date of the Executive’s Separation from Service.