Acceptance Testing and Acceptance. Notwithstanding prior inspection or testing, payment, or passage of title, all Goods shall be subject to final acceptance testing (“Final Acceptance Testing”) after installation at the installation site to validate performance against Seller’s quoted Technical Specifications. Final Acceptance Testing will be performed by Seller’s operator and consist of (i) Seller’s standard acceptance-test procedure which checks all aspects of Goods performance against Seller’s quoted Technical Specification and (ii) any additional tests that are mutually agreed upon and specified in the purchase order or statement of work referencing these Terms and Conditions. Upon successful completion of the Final Acceptance Testing, the Goods shall be accepted, and Buyer shall sign and deliver to Seller the Seller’s acceptance certificate (“Installation Completion”). Notwithstanding the foregoing, the Goods including any software shall be deemed accepted and the written acceptance form certifying Installation Completion shall be deemed executed by Buyer upon the earlier of either of the following two conditions; (x) in the event the Goods are placed into production by Buyer at the Installation Site; or (y) no later than 3 months after the date of delivery as determined by the terms of shipment.
Acceptance Testing and Acceptance. YPS shall host on its Internet server a Beta Version of each Web Site for Publisher’s inspection and testing over the Internet on or before the Print Delivery Start Date for the Directory identified in the applicable Web Site Specifications. The Beta Version shall conform to, and comply with, the Web Site Specifications applicable to that Web Site. Access to the Beta Version will be limited to Publisher and will be password protected. For each Web Site, Publisher shall perform a complete inspection and testing of all aspects of the Beta Version. Publisher shall indicate its acceptance of the Beta Version in writing or Publisher shall request modifications to the Beta Version which shall be consistent with the Web Site Specifications. YPS shall incorporate Publisher’s requested modifications into the Web Site after consultation with Publisher’s Project Manager. Upon the satisfactory incorporation of Publisher’s requested modifications into the Web Site, Publisher shall indicate its acceptance of the Beta Version in writing. The Parties shall use commercially reasonable efforts to modify and complete acceptance of the Beta Version within five (5) days after the initial hosting thereof on YPS’s Internet server.
Acceptance Testing and Acceptance of the Software as a part of the System shall be in accordance with the provisions of the attached Agreement.
Acceptance Testing and Acceptance. 10.1 The Supplier shall use its reasonable endeavours to meet the Date for Acceptance, but time for performance shall not be of the essence.
10.2 Where the Supplier is carrying out the implementation, testing of the Product shall be in accordance with the Acceptance Tests.
10.3 If the Product fails to pass the Acceptance Tests they will be repeated without undue delay.
10.4 The Product shall not fail the Acceptance Tests due to minor failures that do not materially affect its operational use. The Supplier shall rectify such failures within a reasonable time.
10.5 If Acceptance is delayed beyond two (2) weeks by the Buyer or those for whom it is responsible, or due to the inability of the Buyer Network to enable the Product to function in accordance with the Specification (save where due to breach of its obligations by the Supplier) and notwithstanding that the Date for Acceptance may have been extended under Clause 8.1 of this Part E, the Supplier shall immediately be entitled to payment as if Acceptance had occurred, and the period of the warranty of the Product shall be deemed to have commenced from the day after such date.
10.6 Upon successful completion of the Acceptance Tests in accordance with the Call-Off Contract the Buyer shall sign the Acceptance Certificate.
10.7 If prior to signature of the Acceptance Certificate, the Buyer uses the Product in whole or in part for parallel running or live running for the whole or any part of its business, or if the Buyer fails to sign the Acceptance Certificate in accordance with the Call-Off Contract, Acceptance shall be deemed to have occurred on the date when such use or failure to sign occurs.
Acceptance Testing and Acceptance. 9.1 Attached as Attachment J to the Acquisition Agreement are descriptions of acceptance testing ("Acceptance Tests") to be conducted, and deliverables related thereto (e.g. test results, inventory reports, Acceptance Certificates), regarding Installation of the Initial Configuration Equipment and Software (and, as applicable, regarding Installation of Equipment and Software added to the Initial Configuaration) to demonstrate that the Equipment and Software installed by SELLER will operate materially in accordance with the Specifications. Such Acceptance Tests shall include separate procedures for testing (i) Cell Site Configuration Installation and integration, (ii) MSC Configuration Installation and integration, and (iii) System radio frequency coverage and handoff parameters. ******Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(a) SELLER shall notify PURCHASER as soon as it knows, but at least ten (10) days before, the date on which Acceptance Tests shall be conducted, provided that the Acceptance Tests shall be conducted on dates and times reasonably acceptable to PURCHASER. At the first practicable date thereafter, SELLER and PURCHASER shall each sign off on any pretest forms provided as part of the particular Acceptance Test being conducted. If PURCHASER or its nominee does not attend the Acceptance Tests, SELLER shall proceed with the tests and immediately forward the test results to PURCHASER.
(b) If the Equipment, Software or the System, as a whole, comprising the Initial Configuration does not fulfill the requirements of the Acceptance Tests, SELLER shall, at its expense, correct the defects as soon as practicable, but in no event later than thirty days following SELLER's receipt of a written notice from PURCHASER specifying the defects. The Acceptance Tests (or so much of them as necessary) shall be recommenced immediately after such correction in accordance with this Section 9.
(c) Upon the successful completion of any Acceptance Tests conducted by SELLER, SELLER shall submit to PURCHASER an Acceptance Certificate certifying (i) successful completion of the Acceptance Tests, (ii) the Equipment and Software, to that stage completed, have been installed in accordance with the requirements of this Addendum, subject to resolution of punch list items, and the RF services described in document W980025 d...
Acceptance Testing and Acceptance. Upon receipt of the System Ready Notice, Customer shall promptly upload its Platform Content or provide the same to Provider to upload to the Primary Hosting Environment for testing by Customer in accordance with this Section 3.2 to ensure the Primary Hosting Environment conforms to and performs adequately ("Acceptance Tests"). Customer will have seven (7) days to conduct Acceptance Tests ("Testing Period"). On Customer's request, Provider shall make suitable employees available to observe or participate in such Acceptance Tests and otherwise cooperate with and assist Customer in connection with the Acceptance Tests.
(a) Promptly upon the completion of Acceptance Tests, Customer shall notify Provider in writing of its acceptance or, if it has identified any Non- Conformity(ies), rejection of the Primary Hosting Environment. Customer shall include in any rejection notice a reasonably detailed description of the tests conducted, the tests' results, and each identified issue. The Primary Hosting Environment will be deemed accepted by Customer upon the expiration of any Testing Period if Customer has not delivered a notice rejecting the Primary Hosting Environment prior thereto.
(b) Following receipt of a rejection notice, unless such notice is accompanied by Customer's termination notice pursuant to the proviso set forth in Section 3.2(c), Provider shall make such modifications to the Primary Hosting Environment as are necessary to remedy all Non-Conformities as promptly as commercially possible and, in any case, within seven (7) days after the date of such receipt, and shall notify Customer in writing on completion of these modifications, whereupon Customer will have an additional Testing Period to conduct Acceptance Tests.
(c) The parties shall repeat the process set forth in Section 3.2(a) and Section 3.2(b) until Customer's acceptance (including deemed acceptance) of the Primary Hosting Environment, provided that, if Provider fails more than once to timely remedy a Non-Conformity, Customer may terminate this Agreement by providing, together with its rejection notice, termination notice pursuant to Section 11.2(b)(i).
Acceptance Testing and Acceptance
