Acceptance Testing and Acceptance Date Sample Clauses

Acceptance Testing and Acceptance Date. If the Fiber Acceptance Testing for all System Segment Portions of a System Segment shows that the WinStar Fibers meet the Acceptance Standards and WinStar does not object to the results of any SSPFAT by written notice within the time periods specified in Section 7.4, WinStar shall be deemed to have accepted the particular System Segment. The date of WinStar's notice accepting the System Segment of the WinStar Fibers or the date of deemed acceptance under this Article for the last of all of the System Segment Portions for a System Segment to be accepted shall be the "Acceptance Date" of the WinStar Fibers for that System Segment. The provisions of this Section shall not be deemed to relieve Xxxxxxxx of its obligation to provide Routine Maintenance or non-Routine Maintenance as set forth in this Agreement.
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Acceptance Testing and Acceptance Date. If the Acceptance Testing for a Segment shows that the Segment meets the Fiber Specifications and Construction Specifications and 360americas either does not object to the results of any Acceptance Testing or fails to notify Impsat of any failure of such Segment to satisfy the Construction Specifications by written notice within the time periods specified in Section 5.04, 360americas shall be deemed to have accepted the Segment. The date of 360americas' notice accepting the Segment or the date of 360americas' deemed acceptance (which shall be deemed to be the date of the Acceptance Testing) under this Article 5 for the Segment shall be the "Acceptance Date" of the Segment; provided, however, that for purposes of Sections 4.04 and 17.03(A), such date shall be the date that 360americas receives test results demonstrating, or deemed pursuant to this Section 5.07 to demonstrate, that the Segment meets the Fiber Specifications. Notwithstanding the foregoing, 360americas shall have no obligation to accept (but shall have the right to accept) a Segment, and shall not be deemed by inaction to have accepted a Segment, until the Estimated Delivery Date with respect to such Segment. In addition, nothing contained in this Agreement to the contrary, 360americas shall have no obligation to accept a Segment unless the Shelter associated with such Segment and the Telehouse, if any, at the endpoint of such Segment are available for occupancy by 360americas, provided, however, that if the Acceptance Date for a Segment has not occurred because of delay in Telehouse availability, Liquidated Damages shall cease to accrue upon the date such Segment has otherwise satisfied the Fiber Specifications.
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Related to Acceptance Testing and Acceptance Date

  • Acceptance Testing The MCP must have the capability to report all elements in the Minimum Data Set as set forth in the ODJFS Encounter Data Specifications and must submit a test file in the ODJFS-specified medium in the required formats prior to contracting or prior to an information systems replacement or update. Acceptance testing of encounter data is required as specified in Section 29(a)(v) of this Appendix.

  • Inspection and Acceptance a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

  • Final Acceptance 1. Within thirty (30) days of the date of receipt by Purchaser and Independent Engineer of the Final Commissioning Report, the Purchaser shall issue a Certificate of Final Acceptance or reject such Report. If the Purchaser neither issues a Certificate of Final Acceptance nor rejects such Report within such thirty (30) day period, then the Date of Final Acceptance of the System shall be deemed to be the date such Final Commissioning Report was received by the Purchaser.

  • Engagement; Acceptance The Issuer engages Xxxxxxx Fixed Income Services LLC to act as the Asset Representations Reviewer for the Issuer. Xxxxxxx Fixed Income Services LLC accepts the engagement and agrees to perform the obligations of the Asset Representations Reviewer on the terms in this Agreement.

  • Product Acceptance (a) The Products delivered by Flextronics will be inspected and tested as required by Customer within **** of receipt at the “ship to” location on the applicable purchase order. If Products do not comply with the express limited warranty set forth in Section 6.2 below, Customer has the right to reject such Products during said period. Products not rejected during said period will be deemed accepted. Customer may return defective Products, freight collect, after obtaining a return material authorization number from Flextronics to be displayed on the shipping container and completing a failure report. Rejected Products will be promptly repaired or replaced, at Flextronics’s option, and returned freight pre-paid. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b).

  • Order Acceptance All purchase orders are subject to acceptance by LipoMatrix at its Neuchatel office. LipoMatrix shall have no obligation or liability to Distributor with respect to purchase orders which are not accepted; however LipoMatrix shall not unreasonably reject any purchase order. LipoMatrix shall use reasonable efforts to deliver Products covered by accepted purchase orders at the times specified in the corresponding quotation or written acceptance of Distributor's purchase order. Any orders in the ordinary course of business, consistent with normal ordering practices, that are rejected by LipoMatrix shall be deducted from the purchase quota for such Ordering Year as set forth in Section III.B.1. Distributor's purchase orders hereunder shall be governed by the terms and conditions of this Agreement. Nothing contained in any purchase order shall in any way modify or add any terms or conditions of sale.

  • Assignment and Acceptance; Notes The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $4,500 ($7,500 for any Defaulting Lender) for each assignment (which fee the Administrative Agent may, in its sole discretion, elect to waive), and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire. If requested by the transferor Lender or the assignee, upon the consummation of any assignment, the transferor Lender, the Administrative Agent and the Borrower shall make appropriate arrangements so that new Notes are issued to the assignee and such transferor Lender, as appropriate.

  • Delivery and Acceptance 4.1 Developer shall submit to Publisher a Version of the Product at each Milestone for approval. Publisher shall (acting reasonably) review the submission for compliance with the relevant parts of the Specification at that Milestone and for Publisher’s continued awareness as to the Product status.

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the first vest date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the first vest date. For your benefit, if you have not rejected the Agreement prior to the first vest date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.

  • Appointment of and Acceptance by NCPS Issuer and Broker hereby appoint NCPS to serve as Escrow Agent hereunder, and NCPS hereby accepts such appointment in accordance with the terms of this Escrow Agreement.

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