Common use of Acceptance of Deliverables Clause in Contracts

Acceptance of Deliverables. 4.1 Contractor shall provide written notice to University upon full and complete installation of the Deliverables. Within 15 calendar days after receipt of such notice, University shall perform tests to determine whether the Deliverables meets the specifications and performance standards set forth in this Agreement. University agrees that its acceptance criteria shall be limited to the specifications or performance standards set forth in Exhibit A and Exhibit B, and [shall not or shall] include the operation or performance of the Deliverables in conjunction with any of University’s existing equipment which does not constitute Deliverables. 4.2 University shall provide written notice to Contractor of the results of such testing and whether or not the Deliverables perform in accordance with the specifications or performance standards set out in Exhibits A and B, within 15 calendar days after University completes the testing described in section 4.1. At such time as University notifies Contractor under this Section 4 of its determination that the Deliverables perform in accordance with the specifications or performance standards set out in Exhibits A and B, the date of such notice shall be the date of “Final Acceptance.” 4.3 If the Deliverables do not perform as required by this Agreement, University shall provide written notice of non-acceptance to Contractor within 15 calendar days after University completes the testing described in section 4.1. Upon receipt of such notice of non-acceptance, Contractor shall, within a 15 calendar day period, replace, modify, or improve the Deliverables at Contractor's sole expense to ensure that the Deliverables perform as required under this Agreement. 4.4 After such replacement, modification, or improvement, University shall conduct new acceptance tests within a 15 calendar day period and provide written notice to Contractor of the results of such testing within seven calendar days after the fifteen calendar day testing period. Failure of the Deliverables to materially meet the specifications and performance standards after the second set of acceptance tests shall constitute a default by Contractor, unless such failure is due to the negligence or intentional misconduct of University. Upon such default, University may require Contractor to remove the Deliverables at Contractor's sole expense and require Contractor to refund to University all amounts paid by University under this Agreement. University and Contractor may also negotiate any other resolution mutually acceptable to the Parties. 4.5 Upon delivery of the Deliverables to University, Contractor agrees that University shall have a license to use all Licensed Deliverables for the purpose of evaluating and testing the Deliverables. Upon Final Acceptance of the Deliverables by University, Contractor grants to University a license for all Licensed Deliverables on the terms set forth Section 8.2.

Acceptance of Deliverables. 4.1 Contractor shall provide written notice to University upon full and complete installation of the Deliverables. Within 15 fifteen (15) calendar days after receipt of such notice, University shall perform tests to determine whether the Deliverables meets the specifications and performance standards set forth in this Agreement. University agrees that its acceptance criteria shall be limited to the specifications or performance standards set forth in Exhibit A and Exhibit B, and [shall not or shall] include the operation or performance of the Deliverables in conjunction with any of University’s existing equipment which does not constitute Deliverables. 4.2 . University shall provide written notice to Contractor of the results of such testing and whether or not the Deliverables perform in accordance with the specifications or performance standards set out in Exhibits A and B, within 15 fifteen (15) calendar days after University completes the testing described in section Section 4.1. At such time as University notifies Contractor under this Section 4 of its determination that the Deliverables perform in accordance with the specifications or performance standards set out in Exhibits A and B, the date of such notice shall be the date of “Final Acceptance.” 4.3 ” If the Deliverables do not perform as required by this Agreement, University shall provide written notice of non-acceptance to Contractor within 15 fifteen (15) calendar days after University completes the testing described in section Section 4.1. Upon receipt of such notice of non-acceptance, Contractor shall, within a 15 fifteen (15) calendar day period, replace, modify, or improve the Deliverables at Contractor's sole expense to ensure that the Deliverables perform as required under this Agreement. 4.4 . After such replacement, modification, or improvement, University shall conduct new acceptance tests within a 15 fifteen (15) calendar day period and provide written notice to Contractor of the results of such testing within seven (7 ) calendar days after the fifteen (15) calendar day testing period. Failure of the Deliverables to materially meet the specifications and performance standards after the second set of acceptance tests shall constitute a default by Contractor, unless such failure is due to the negligence or intentional misconduct of University. Upon such default, University may require Contractor to remove the Deliverables at Contractor's sole expense and require Contractor to refund to University all amounts paid by University under this Agreement. University and Contractor may also negotiate any other resolution mutually acceptable to the Parties. 4.5 . Upon delivery of the Deliverables to University, Contractor agrees that University shall have a license to use all Licensed Deliverables for the purpose of evaluating and testing the Deliverables. Upon Final Acceptance of the Deliverables by University, Contractor grants to University a license for all Licensed Deliverables on the terms set forth Section 8.2.

Acceptance of Deliverables. 4.1 Contractor shall provide written notice to University upon full and complete installation of the Deliverables. Within 15 calendar days after receipt of such notice, University shall perform tests to determine whether the Deliverables meets the specifications and performance standards set forth in this Agreement. University agrees that its acceptance criteria shall be limited to the specifications or performance standards set forth in Exhibit A and Exhibit B, and [shall not or shall] include the operation or performance of the Deliverables in conjunction with any of University’s existing equipment which does not constitute Deliverables. 4.2 . University shall provide written notice to Contractor of the results of such testing and whether or not the Deliverables perform in accordance with the specifications or performance standards set out in Exhibits A and B, within 15 calendar days after University completes the testing described in section 4.1. At such time as University notifies Contractor under this Section 4 of its determination that the Deliverables perform in accordance with the specifications or performance standards set out in Exhibits A and B, the date of such notice shall be the date of “Final Acceptance.” 4.3 ” If the Deliverables do not perform as required by this Agreement, University shall provide written notice of non-acceptance to Contractor within 15 calendar days after University completes the testing described in section 4.1. Upon receipt of such notice of non-acceptance, Contractor shall, within a 15 calendar day period, replace, modify, or improve the Deliverables at Contractor's sole expense to ensure that the Deliverables perform as required under this Agreement. 4.4 . After such replacement, modification, or improvement, University shall conduct new acceptance tests within a 15 calendar day period and provide written notice to Contractor of the results of such testing within seven calendar days after the fifteen calendar day testing period. Failure of the Deliverables to materially meet the specifications and performance standards after the second set of acceptance tests shall constitute a default by Contractor, unless such failure is due to the negligence or intentional misconduct of University. Upon such default, University may require Contractor to remove the Deliverables at Contractor's sole expense and require Contractor to refund to University all amounts paid by University under this Agreement. University and Contractor may also negotiate any other resolution mutually acceptable to the Parties. 4.5 . Upon delivery of the Deliverables to University, Contractor agrees that University shall have a license to use all Licensed Deliverables for the purpose of evaluating and testing the Deliverables. Upon Final Acceptance of the Deliverables by University, Contractor grants to University a license for all Licensed Deliverables on the terms set forth Section 8.2.

Acceptance of Deliverables. 4.1 Contractor shall provide written notice to University upon full and complete installation of the Deliverables. Within 15 fifteen (15) calendar days after receipt of such notice, University shall perform tests to determine whether the Deliverables meets the specifications and performance standards set forth in this Agreement. University agrees that its acceptance criteria shall be limited to the specifications or performance standards set forth in Exhibit A and Exhibit B, and [shall not or shall] include the operation or performance of the Deliverables in conjunction with any of University’s existing equipment which does not constitute Deliverables.B. 4.2 University shall provide written notice to Contractor of the results of such testing and whether or not the Deliverables perform performs in accordance with the specifications or performance standards set out in Exhibits A and B, within 15 fifteen (15) calendar days after University completes the testing described in section 4.1. At such time as University notifies Contractor under this Section 4 of its determination that the Deliverables perform performs in accordance with the specifications or performance standards set out in Exhibits A and B, the date of such notice shall be the date of “Final Acceptance.” 4.3 If the Deliverables do does not perform as required by this Agreement, University shall provide written notice of non-acceptance to Contractor within 15 fifteen (15) calendar days after University completes the testing described in section 4.1. Upon receipt of such notice of non-acceptance, Contractor shall, within a 15 fifteen (15) calendar day period, replace, modify, or improve the Deliverables at Contractor's sole expense to ensure that the Deliverables perform performs as required under this Agreement. 4.4 After such replacement, modification, or improvement, University shall conduct new acceptance tests within a 15 fifteen (15) calendar day period and provide written notice to Contractor of the results of such testing within seven (7 ) calendar days after the fifteen (15) calendar day testing period. Failure of the Deliverables to materially meet the specifications and performance standards after the second set of acceptance tests shall constitute a default by Contractor, unless such failure is due to the negligence or intentional misconduct of University. Upon such default, University may require Contractor to remove the Deliverables at Contractor's sole expense and require Contractor to refund to University all amounts paid by University under this Agreement. University and Contractor may also negotiate any other resolution mutually acceptable to the Parties. 4.5 Upon delivery of the Deliverables to University, Contractor agrees that University shall have a license to use all Licensed Deliverables for the purpose of evaluating and testing the Deliverables. Upon Final Acceptance of the Deliverables by University, Contractor grants agrees that the Licensed Deliverables shall be licensed to University a license for all Licensed Deliverables on the terms set forth Section 8.2in Exhibit A for each Licensed Deliverable.