Acceptance of Initial Code Clause Samples

Acceptance of Initial Code. Within 10 business days following Attunity’s delivery of the Initial Code to Microsoft, Microsoft will provide Attunity with a written notice of acceptance or rejection of the Initial Code. Microsoft’s acceptance of the Initial Code is subject to Microsoft’s determination that the Initial Code conforms to the Specifications set forth in Exhibit A. If Microsoft determines that the Initial Code does not conform to the Specifications, Microsoft may, at its option, by sending a written notice within such 10-day period, (a) extend the time period for Attunity to deliver an acceptable version of the Initial Code, (b) retain the Initial Code and pay Attunity the appropriate fee in accordance with Section 5.1, or (c) return the Initial Code and terminate this Agreement without obligation to pay Attunity any fees. For clarity, acceptance of the Initial Code by Microsoft will not waive any obligation of Attunity to ensure that the Initial Code conforms to the Specifications or to comply with the warranties set forth in Section 8.