Acceptance of Deliverables. (a) Xxxxxxx County's obligation to comply with any Xxxxxxx County Review Period is conditioned on the timely delivery of the deliverable(s). Xxxxxxx County Review Period will begin on the first business day following Xxxxxxx County's receipt of the deliverable(s). (b) Xxxxxxx County may inspect the deliverable to confirm that all components have been delivered without material deficiencies. If Xxxxxxx County determines that the deliverable or one of its components has material deficiencies, Xxxxxxx County may reject the deliverable without performing any further inspection or testing. (c) Xxxxxxx County will only approve a deliverable after confirming that it conforms to and performs according to its specifications without material deficiency. Xxxxxxx County may, in its discretion, conditionally approve a deliverable that contains material deficiencies if Xxxxxxx County elects to permit the Contractor to correct those deficiencies post-approval. The Contractor remains responsible for working diligently to correct within a reasonable time at the Contractor's expense, all deficiencies in the deliverable that remain outstanding at the time of Xxxxxxx County approval. (d) If, after three opportunities the Contractor is unable to correct all deficiencies, Xxxxxxx County may: (i) demand that the Contractor cure the failure and give the Contractor additional time to do so at the sole expense of the Contractor; (ii) keep the Contract in force and perform, either itself or through other parties, whatever the Contractor has failed to do, and recover the difference between the cost to cure the deficiency and the Contract price plus an additional amount equal to 10% of Xxxxxxx County's cost to cure the deficiency; or (iii) fully or partially terminate the Contract for default by giving notice to the Contractor. Notwithstanding the foregoing, Xxxxxxx County cannot use, as a basis for exercising its termination rights under this Section, deficiencies discovered in a repeat Xxxxxxx County Review Period that could reasonably have been discovered during a prior Xxxxxxx County Review Period. (e) Xxxxxxx County, at any time and in its reasonable discretion, may reject the deliverable without notation of all deficiencies if the acceptance process reveals deficiencies in a sufficient quantity or of a sufficient severity that renders continuing the process unproductive or unworkable.
Appears in 14 contracts
Samples: Master Agreement, Master Agreement, Master Agreement