Common use of Acceptance Notice Clause in Contracts

Acceptance Notice. When, in District’s reasonable judgment, a System Deliverable has satisfied the Final Criteria, District shall give Contractor written notice thereof. At the completion of installation of any Final Deliverable, the Final Deliverable shall operate for a period of sixty (60) consecutive calendar days in conformity with its Documentation (which shall include, if applicable and without limitation, Final Criteria). If a Final Deliverable does not operate for a period of at least sixty (60) consecutive days in conformity with its Documentation, District may (i) immediately terminate, under Article 20 herein (but without any requirement of a 30-day cure period), the applicable Work Order, along with, in District’s discretion, any related Work Order(s), and, at District’s request, Contractor shall promptly reimburse District any amounts paid for the non-conforming Final Deliverable; or (ii) if the parties agree in writing that it is commercially reasonable under the circumstances, Contractor shall, at no cost to District, continue correction of deficiencies for a period of time agreed to by the parties so that the Final Deliverable shall conform to its Documentation, while reserving the right to terminate (as specified in (i) above) at any time so long as the Final Deliverable fails to conform to its Documentation. Acknowledgement in writing by District of such operation for said sixty (60) day period shall constitute final acceptance of the Final Deliverable involved.

Acceptance Notice. ‌ When, in District’s reasonable judgment, a System Deliverable has satisfied the Final Criteria, District shall give Contractor written notice thereof. At the completion of installation of any Final Deliverable, the Final Deliverable shall operate for a period of sixty (60) consecutive calendar days in conformity with its Documentation (which shall include, if applicable and without limitation, Final Criteria). If a Final Deliverable does not operate for a period of at least sixty (60) consecutive days in conformity with its Documentation, District may (i) immediately terminate, under Article 20 herein (but without any requirement of a 30-day cure period), the applicable Work Order, along with, in District’s discretion, any related Work Order(s), and, at District’s request, Contractor shall promptly reimburse District any amounts paid for the non-conforming Final Deliverable; or (ii) if the parties agree in writing that it is commercially reasonable under the circumstances, Contractor shall, at no cost to District, continue correction of deficiencies for a period of time agreed to by the parties so that the Final Deliverable shall conform to its Documentation, while reserving the right to terminate (as specified in (i) above) at any time so long as the Final Deliverable fails to conform to its Documentation. Acknowledgement in writing by District of such operation for said sixty (60) day period shall constitute final acceptance of the Final Deliverable involved.