Common use of Acceptance of Design Documentation and Testing Protocols Clause in Contracts

Acceptance of Design Documentation and Testing Protocols. 7.2.1.1 The Contractor shall submit each iteration of the Foreground Design Documentation and the Testing Protocols to the Purchaser for review and acceptance in accordance with the Implementation Plan and/or any previously agreed accepted Testing Protocol. 7.2.1.2 Within twenty (20) Business Days (or such other period as the Parties may agree) of the date of receipt of a submission (or re-submission, as the case may be) of a Foreground Design Document or Testing Protocol Candidate for Acceptance to the Purchaser, the Purchaser shall, subject to Clause 7.3 (Further Information), return to the Contractor one copy of that Candidate for Acceptance endorsed "Level A – no objection", "Level B – proceed subject to comments" or "Level C – resubmit". For the purposes of Clause 7.2 (Non Acceptance Termination Right), a Candidate for Acceptance endorsed with "Level C – resubmit" shall be a "Failure Report". 7.2.1.3 If Purchaser makes an objection to any Candidate for Acceptance, the Purchaser shall state the ground upon which such objection is based and the evidence or other information necessary to substantiate that ground. 7.2.1.4 If the Candidate for Acceptance is returned by the Purchaser endorsed "Level A – no objection", or if no response is received by the Contractor during the period mentioned in Clause 7.2.1, then the Candidate for Acceptance shall be "Accepted" by the Purchaser and the Contractor shall comply with and implement that Candidate for Acceptance. 7.2.1.5 If Purchaser returns the Candidate for Acceptance endorsed other than "Level A – no objection", then the Contractor shall: 7.2.1.5.1 where Xxxxxxxxx has endorsed the Candidate for Acceptance "Level B – proceed subject to comments", proceed with the performance of the relevant part of the Services, but acknowledge and take into account Purchaser's comments; 7.2.1.5.2 where Purchaser has endorsed the Candidate for Acceptance "Level C – resubmit", not act upon the Candidate for Acceptance, but instead amend the Candidate for Acceptance to respond to the Purchaser's objections and requirements and re-submit the same to the Purchaser in accordance with 7.2.1, unless the Contractor disputes any such objection or proposed requirement is on grounds permitted by the Agreement, in which case the Contractor or Purchaser may refer the matter for determination in accordance with Clause 35 (Dispute Resolution Procedure) of Agreement. 7.2.1.6 Where the Candidate for Acceptance has been endorsed "Level C – resubmit", the Contractor shall within ten (10) Business Days of receiving the returned Candidate for Acceptance, resubmit the Candidate for Acceptance as amended to the Contractor and the provisions of this Clause 7 (Acceptance) shall apply to such re-submission (which shall be deemed to be a Candidate for Acceptance). 7.2.1.7 The return of any Candidate for Acceptance endorsed "Level A – no objection" or otherwise endorsed in accordance with Clause 7.2.1.5.1 ("Level B – proceed subject to comments") shall mean that the Candidate for Acceptance may be used or implemented (subject to any comments made in accordance with Clause 7.2.1.5.1) for the purposes for which it is intended. However, the return of any Candidate for Acceptance howsoever endorsed shall not relieve the Contractor of its obligations under the Agreement. 7.2.1.8 If, having received comments from Purchaser under this 7.2.1, the Contractor considers that compliance with those comments is not in accordance with the scope of the Adjusted Specification and would amount to a change to the Agreement by the Purchaser, then the Contractor shall within five (5) Business Days of those comments being received and in any event before complying with the comments, notify Purchaser of the same and, if it is agreed by the Parties, then Purchaser may proceed with the matter in accordance with Clause 44 (Amendments) of the Agreement.

Acceptance of Design Documentation and Testing Protocols. 7.2.1.1 The Contractor shall submit each iteration of the Foreground Design Documentation and the Testing Protocols to the Purchaser for review and acceptance in accordance with the Implementation Plan and/or any previously agreed accepted Testing Protocol. 7.2.1.2 . Within twenty (20) Business Days (or such other period as the Parties parties may agree) of the date of receipt of a submission (or re-submission, as the case may be) of a Foreground Design Document or Testing Protocol Candidate for Acceptance to the Purchaser, the Purchaser shall, subject to Clause 7.3 (Further Information), return to the Contractor one copy of that Candidate for Acceptance endorsed "Level A – no objection", "Level B – proceed subject to comments" or "Level C – resubmit". For the purposes of Clause 7.2 (Non Acceptance Termination Right), a Candidate for Acceptance endorsed with "Level C – resubmit" shall be a "Failure Report". 7.2.1.3 . If Purchaser makes an objection to any Candidate for Acceptance, the Purchaser shall state the ground upon which such objection is based and the evidence or other information necessary to substantiate that ground. 7.2.1.4 . If the Candidate for Acceptance is returned by the Purchaser endorsed "Level A – no objection", or if no response is received by the Contractor during the period mentioned in Clause 7.2.17.1.1.2, then the Candidate for Acceptance shall be "Accepted" by the Purchaser and the Contractor shall comply with and implement that Candidate for Acceptance. 7.2.1.5 . If Purchaser returns the Candidate for Acceptance endorsed other than "Level A – no objection", then the Contractor shall: 7.2.1.5.1 : where Xxxxxxxxx Purchaser has endorsed the Candidate for Acceptance "Level B – proceed subject to comments", proceed with the performance of the relevant part of the Services, but acknowledge and take into account Purchaser's comments; 7.2.1.5.2 ; where Purchaser has endorsed the Candidate for Acceptance "Level C – resubmit", not act upon the Candidate for Acceptance, but instead amend the Candidate for Acceptance to respond to the Purchaser's objections and requirements and re-submit the same to the Purchaser in accordance with 7.2.1Clause 7.1.1.6, unless the Contractor disputes any such objection or proposed requirement is on grounds permitted by the Agreementthis Contract, in which case the Contractor or Purchaser may refer the matter for determination in accordance with Clause 35 39 (Dispute Resolution Procedure) of Agreement. 7.2.1.6 the Conditions. Where the Candidate for Acceptance has been endorsed "Level C – –resubmit", the Contractor shall within ten (10) Business Days of receiving the returned Candidate for Acceptance, resubmit the Candidate for Acceptance as amended to the Contractor and the provisions of this Clause 7 (Acceptance) shall apply to such re-submission (which shall be deemed to be a Candidate for Acceptance). 7.2.1.7 . The return of any Candidate for Acceptance endorsed "Level A – no objection" or otherwise endorsed in accordance with Clause 7.2.1.5.1 7.1.1.5.1 ("Level B – proceed subject to comments") shall mean that the Candidate for Acceptance may be used or implemented (subject to any comments made in accordance with Clause 7.2.1.5.17.1.1.5.1) for the purposes for which it is intended. However, the return of any Candidate for Acceptance howsoever endorsed shall not relieve the Contractor of its obligations under the Agreement. 7.2.1.8 this Contract. If, having received comments from Purchaser under this 7.2.1Clause 7.1.1, the Contractor considers that compliance with those comments is not in accordance with the scope of the Adjusted Specification and would amount to a change to the Agreement this Contract by the Purchaser, then the Contractor shall within five (5) Business Days of those comments being received and in any event before complying with the comments, notify Purchaser of the same and, if it is agreed by the Parties, then Purchaser may proceed with the matter in accordance with Clause 44 18 (AmendmentsVariations to the Contract) of the AgreementConditions. The System (and where identified in the Implementation Plan or the Testing Protocols agreed under Clause 7.1.1 a component of the System) shall be subject to User Acceptance Tests. The User Acceptance Tests shall be carried out in accordance with the relevant Testing Protocols accepted by the Purchaser in accordance with Clause 7.1.1 (Acceptance of Design Documentation and Testing Protocols). The Contractor may submit a Candidate for Acceptance for User Acceptance Tests by serving a written notice on Purchaser (each a "Ready for User Acceptance Tests Notice"). Following receipt by the Purchaser of a Ready for User Acceptance Tests Notice, the Parties shall agree the date on which the User Acceptance Tests will be performed (such agreement not to be unreasonably withheld or delayed), upon which date the Contractor shall, in the presence of the Purchaser, conduct the User Acceptance Tests. The Contractor shall comply with the reasonable direction of the Purchaser in relation to the carrying out of the User Acceptance Tests. The Contractor will provide Purchaser with a written report of the User Acceptance Tests within two (2) Business Days of the completion of the User Acceptance Tests. Within ten (10) Business Days of receipt of the report, the Purchaser shall, subject to Clause 7.3, by notice in writing to the Contractor either: certify that the relevant Candidate for Acceptance has been "Accepted" by the Purchaser (such acceptance not to be unreasonably withheld or delayed); or reject the Candidate for Acceptance (a "Failure Report"), in which case the Contractor shall, at its own cost and expense, promptly rectify the Fault and re-submit the Candidate for Acceptance for User Acceptance Tests in accordance with this Clause 7.1.2. If no such notice is received in such period then the relevant Candidate for Acceptance will be deemed to have been Accepted. In respect of the User Acceptance Tests, the Purchaser shall: provide the Contractor with reasonable cooperation and assistance; and comply with the relevant Testing Protocol.

Acceptance of Design Documentation and Testing Protocols. 7.2.1.1 7.1.1.1 The Contractor shall submit each iteration of the Foreground Design Documentation and the Testing Protocols to the Purchaser for review and acceptance in accordance with the Implementation Plan and/or any previously agreed accepted Testing Protocol. 7.2.1.2 7.1.1.2 Within twenty (20) Business Days (or such other period as the Parties parties may agree) of the date of receipt of a submission (or re-submission, as the case may be) of a Foreground Design Document or Testing Protocol Candidate for Acceptance to the Purchaser, the Purchaser shall, subject to Clause 7.3 (Further Information), return to the Contractor one copy of that Candidate for Acceptance endorsed "Level A – no objection", "Level B – proceed subject to comments" or "Level C – resubmit". For the purposes of Clause 7.2 (Non Acceptance Termination Right), a Candidate for Acceptance endorsed with "Level C – resubmit" shall be a "Failure Report". 7.2.1.3 7.1.1.3 If Purchaser makes an objection to any Candidate for Acceptance, the Purchaser shall state the ground upon which such objection is based and the evidence or other information necessary to substantiate that ground. 7.2.1.4 7.1.1.4 If the Candidate for Acceptance is returned by the Purchaser endorsed "Level A – no objection", or if no response is received by the Contractor during the period mentioned in Clause 7.2.17.1.1.2, then the Candidate for Acceptance shall be "Accepted" by the Purchaser and the Contractor shall comply with and implement that Candidate for Acceptance. 7.2.1.5 7.1.1.5 If Purchaser returns the Candidate for Acceptance endorsed other than "Level A – no objection", then the Contractor shall: 7.2.1.5.1 7.1.1.5.1 where Xxxxxxxxx Purchaser has endorsed the Candidate for Acceptance "Level B – proceed subject to comments", proceed with the performance of the relevant part of the Services, but acknowledge and take into account Purchaser's comments; 7.2.1.5.2 7.1.1.5.2 where Purchaser has endorsed the Candidate for Acceptance "Level C – resubmit", not act upon the Candidate for Acceptance, but instead amend the Candidate for Acceptance to respond to the Purchaser's objections and requirements and re-submit the same to the Purchaser in accordance with 7.2.1Clause 7.1.1.6, unless the Contractor disputes any such objection or proposed requirement is on grounds permitted by the Agreementthis Contract, in which case the Contractor or Purchaser may refer the matter for determination in accordance with Clause 35 39 (Dispute Resolution Procedure) of Agreementthe Conditions. 7.2.1.6 7.1.1.6 Where the Candidate for Acceptance has been endorsed "Level C – resubmit", the Contractor shall within ten (10) Business Days of receiving the returned Candidate for Acceptance, resubmit the Candidate for Acceptance as amended to the Contractor and the provisions of this Clause 7 (Acceptance) shall apply to such re-submission (which shall be deemed to be a Candidate for Acceptance). 7.2.1.7 7.1.1.7 The return of any Candidate for Acceptance endorsed "Level A – no objection" or otherwise endorsed in accordance with Clause 7.2.1.5.1 7.1.1.5.1 ("Level B – proceed subject to comments") shall mean that the Candidate for Acceptance may be used or implemented (subject to any comments made in accordance with Clause 7.2.1.5.17.1.1.5.1) for the purposes for which it is intended. However, the return of any Candidate for Acceptance howsoever endorsed shall not relieve the Contractor of its obligations under the Agreementthis Contract. 7.2.1.8 7.1.1.8 If, having received comments from Purchaser under this 7.2.1Clause 7.1.1, the Contractor considers that compliance with those comments is not in accordance with the scope of the Adjusted Specification and would amount to a change to the Agreement this Contract by the Purchaser, then the Contractor shall within five (5) Business Days of those comments being received and in any event before complying with the comments, notify Purchaser of the same and, if it is agreed by the Parties, then Purchaser may proceed with the matter in accordance with Clause 44 18 (AmendmentsVariations to the Contract) of the AgreementConditions.