ACCEPTANCE TESTING AND COMPLETION Sample Clauses

ACCEPTANCE TESTING AND COMPLETION. (A) Subject to SUBSECTION 4(D) above, as soon as MCI WorldCom has reasonably determined that the Leased Circuit(s) requested by Customer are operating substantially in conformity with the performance warranty set forth in SECTION 5 above, MCI WorldCom shall provide Customer written notice of the availability of such Leased Circuit (the "COMPLETION NOTICE"). Customer shall, within five (5) days of receipt of the Completion Notice, either accept or reject the Completion Notice, and in the case of a rejection, specify the defect or failure and/or the matters to be remedied, by providing written notice to MCI WorldCom. In the event Customer fails to respond to the Completion Notice within the 5-day period, Customer will be deemed to have accepted the Completion Notice. In the event Customer rejects the Completion Notice, MCI WorldCom, at its sole cost, shall remedy the defect or failure specified in Customer's notice and give Customer a Completion Notice with respect to such city pair. (B) If MCI WorldCom (i) provides a Rejection Notice with respect to an order for a Leased Circuit; or (ii) fails to provide a Leased Circuit which is operating substantially in conformity with the Technical Standards within fifteen (15) days following MCI WorldCom's initial delivery of a Completion Notice, Customer's sole and exclusive remedy will be to abandon the order for the Service in question and the number of V&H miles relevant thereto and receive a credit equal to a pro rata amount of the Purchase Price paid by Customer for the undelivered Leased Capacity in question (the "NON-DELIVERY REFUND AMOUNT"). In such case, the Non-Delivery Refund Amount shall be computed by multiplying (x) the Purchase Price [*] by (y) a fraction, the denominator of which is [*] and the numerator of which is [*]. Provided, however, nothing contained herein will require MCI WorldCom to refund any amount in excess of the amount actually paid by Customer.

ACCEPTANCE TESTING AND COMPLETION. 5.1 Capacity shall not be available for use by Teligent in any Ring until all of the Routes comprising the Ring are completed and operational. The anticipated completion date of each Ring is identified as the "Earliest Availability" date for the Ring on Appendix "A." Level 3 shall test the Capacity (on a Route by Route bxxxx) xx xxxxxxxxxx xith Level 3's standard procedures and generally accepted industry practices ("Acceptance Testing"). Level 3 shall provide Teligent with prior notice of the date and time of Acceptance Testing and Teligent shall have the right, but not the obligation, at Teligent's cost and expense, to be present to observe the Acceptance Testing. Level 3 and Teligent agree that they shall each use best efforts to, within thirty (30) days of execution of the Agreement, negotiate the standards applicable to the "Acceptance Testing." Each party shall be reasonable in negotiating such standards, but in the event that the parties are unable to agree on applicable standards, this Exhibit may be terminated without either party incurring any liability to the other and any monies paid hereunder shall be returned to the paying party. The parties may mutually agree to extend the time periods set forth in this Section. Upon completion, the Acceptance Testing Standards may be modified upon a signature of a Vice President or above of each company.

ACCEPTANCE TESTING AND COMPLETION