Common use of ACCEPTANCE TESTING AND COMPLETION Clause in Contracts

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. (A) Subject to SUBSECTION 4(D) above, as soon as MCI WorldCom has reasonably determined that Level 3 shall test the Leased Circuit(s) requested by Customer are operating substantially Fibers in conformity accordance with the performance warranty set forth procedures and standards specified in SECTION 5 above, MCI WorldCom Exhibit "A" ("Acceptance Testing") and Xxxxx 0 shall provide Customer written notice of the availability with a copy of such Leased Circuit test results for each Loop, Segment, Lateral Segment or Riser Segment so that test results may be reviewed in a timely manner. Customer shall be responsible for the timely completion of any work or installation required in order for it to place the Customer Fibers into operation (and Customer's failure to complete such work shall not be grounds for rejection of a Connection Notice). (B) Upon the "COMPLETION NOTICE")successful completion of Acceptance Testing respecting the Customer Fibers within a Segment, Lateral Segment or Riser Segment, Level 3 shall provide a Connection Notice to Customer. Customer shall, within five three (53) days of receipt of the Completion Notice, either accept or reject the Completion Notice, and in Connection Notice (Customer shall be permitted to reject only if Customer specifies a material failure of the case Customer Fibers to satisfy the requirements of a rejection, specify the defect or failure and/or the matters to be remedied, this Service Schedule) by providing delivery of 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 NoticeLevel 3. In the event Customer rejects the Completion Connection Notice, MCI WorldComLevel 3 shall promptly, and at its sole costno cost of Customer, shall commence to remedy the defect or failure specified in Customer's notice notice. Thereafter Level 3 shall again conduct Acceptance Testing and give (if successfully completed) provide Customer a Completion Connection Notice with respect to such city pair. (B) If MCI WorldCom (i) provides Segment, Lateral Segment or Riser Segment. The foregoing procedure shall apply again and successively thereafter until Level 3 has remedied all defects or failures specified by Customer. Any failure by Customer to timely accept or reject 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 Connection 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 or any use of the Purchase Price paid Customer Fibers by Customer for the undelivered Leased Capacity in question (the "NON-DELIVERY REFUND AMOUNT"). In such caseany purpose other than testing, the Non-Delivery Refund Amount shall be computed by multiplying deemed to constitute acceptance for purposes of this Service Schedule and Customer shall be deemed to have delivered a notice of acceptance upon such use or on the third (x3rd) 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 day after delivery of the amount actually paid by CustomerConnection Notice.

ACCEPTANCE TESTING AND COMPLETION. (A) Subject to SUBSECTION 4(D) above, as soon as MCI WorldCom has reasonably determined that 8.01 Grantor shall test the Leased Circuit(s) requested by Customer are operating substantially Grantee Fibers in conformity accordance with the performance warranty set forth procedures and standards specified in SECTION 5 aboveExhibit "F" ("Acceptance Testing"). Acceptance Testing shall progress span by span along each Segment as cable splicing progresses, MCI WorldCom so that test results may be reviewed in a timely manner. Acceptance Testing shall include, but is limited to, (i) testing of the Grantee Fibers along a Segment, (ii) if applicable, completion of any work or installation required for any Interconnection Point (which shall be limited to Wilmington, DE, Xxxxxxxxxx, XX, Xxxxxxxxx, XX, Xxxxxx, XX, Xxxxxx, XX and Greenville, SC) along such Segment (provided Grantor has acquired all necessary building access agreements or other authorizations to perform such installation work and Grantee has acquired any additional authorizations as may be necessary for Grantor to perform such work at least sixty (60) days before the Scheduled Completion Date for such Segment) and (iii) if applicable, completion of any build-out (inclusive of power) required for the Grantor Gateway Facilities, Regeneration Facilities and Opamp Facilities by Grantor (provided Grantee has designated its space and power requirements at least sixty (60) days before the Scheduled Completion Date for such Segment). Grantee shall have the right, but not the obligation, at Grantee's cost and expense, to be present to observe the Acceptance Testing. Grantee shall be responsible for the timely designation of its space and power requirements for the facilities, acquisition of all necessary authorizations and completion of any work or installation required in order for it to place the Grantee Fibers into operation (and Grantee's failure to make such designations, acquire such authorizations or complete such work shall not be grounds for rejection of a Completion Notice). Grantor shall provide Customer Grantee with a copy of such test results. 8.02 Upon the successful completion of Acceptance Testing respecting any Segment, Grantor shall provide written notice of same to Grantee (a "Completion Notice") and an invoice for the availability IRU Fee for such Segment. Grantor shall contemporaneously deliver a copy of such Leased Circuit the results of the Acceptance Testing for the entire Segment (if and to the "COMPLETION NOTICE"). Customer extent that Grantor has not previously delivered same) and Grantee shall, within five fifteen (515) days of receipt of the Completion Notice, either accept or reject the Completion Notice, and in Notice (Grantee shall be permitted to reject only if Grantee specifies a material failure of the case Grantee Fibers to satisfy the requirements of a rejection, specify the defect or failure and/or the matters to be remedied, this Agreement) by providing delivery of written notice to MCI WorldComGrantor. 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 Grantee rejects the Completion Notice, MCI WorldComGrantor shall promptly, and at its sole costno cost of Grantee, shall commence to remedy the defect or failure specified in CustomerGrantee's notice notice. Thereafter Grantor shall again conduct Acceptance Testing and give Customer (if successfully completed) provide Grantee a Completion Notice with respect to such city pair. (B) If MCI WorldCom (i) provides a Rejection Notice with respect Segment. The foregoing procedure shall apply again and successively thereafter until Grantor has remedied all defects or failures specified by Grantee. Any failure by Grantee to an order for a Leased Circuit; timely accept 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 reject 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 or any use of the Purchase Price paid Grantee Fibers or Associated Property by Customer Grantee for the undelivered Leased Capacity in question (the "NON-DELIVERY REFUND AMOUNT"). In such caseany purpose other than testing, the Non-Delivery Refund Amount shall be computed by multiplying (x) deemed to constitute acceptance for purposes of this Agreement and Grantee shall be deemed to have delivered a notice of acceptance upon such use or on 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 fifteenth day after delivery of the amount actually paid by CustomerCompletion Notice. Notwithstanding the foregoing, Grantor may send a separate Completion Notice for each Grantor Gateway Facility, Regeneration Facility and Opamp Facility located along a Segment.

ACCEPTANCE TESTING AND COMPLETION. 5.1 [REDACTED] Level 3 shall test the Capacity (Aon a Route by Route basis) Subject in accordance with 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 SUBSECTION 4(Dbe present to observe the Acceptance Testing. Level 3 and Teligent agree that they shall each use best efforts to, within thirty (30) abovedays of execution of the Agreement, as soon as MCI WorldCom has reasonably determined negotiate the standards applicable to the "Acceptance Testing." Each party shall be reasonable in negotiating such standards, but in the event that the Leased Circuit(s) requested by Customer 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. 5.2 When the results of the Acceptance Testing show that the Capacity so tested is operating substantially in conformity with the performance warranty set forth in SECTION 5 aboveapplicable specifications therefor, MCI WorldCom Level 3 shall provide Customer written notice of the availability of such Leased Circuit same to Teligent (the a "COMPLETION NOTICECompletion Notice"), which Completion Notice shall state the results of the Acceptance Testing. Customer Teligent shall, within five twenty (520) days of receipt of the Completion Notice, either accept or reject the Completion Notice, and Notice (Teligent shall be permitted to reject only if Teligent specifies a material failure of the Capacity to operate in accordance with the case applicable specifications therefor) by delivery of a rejection, specify the defect or failure and/or the matters to be remedied, by providing written notice to MCI WorldComLevel 3. 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 Teligent rejects the Completion Notice, MCI WorldComLevel 3 shall promptly, and at its sole costno cost to Teligent, shall commence to remedy the defect or failure specified in CustomerTeligent's notice notice. Thereafter, Level 3 shall again conduct Acceptance Testing and give Customer (if successfully completed) provide Teligent a Completion Notice with respect to such city pair. (B) If MCI WorldCom (i) provides a Rejection Notice with respect Route of Capacity. This procedure shall apply again and successively thereafter by Level 3 until the Capacity meets the specifications. Any failure by Teligent 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 timely reject 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 or any use of the Purchase Price paid Capacity by Customer Teligent ([REDACTED]) for the undelivered Leased Capacity in question (the "NON-DELIVERY REFUND AMOUNT"). In such caseany purpose other than testing, the Non-Delivery Refund Amount shall be computed by multiplying deemed to constitute acceptance [REDACTED] for purposes of this Exhibit and Teligent shall be deemed to have delivered a Notice of Acceptance upon such use or on the twenty-first (x21st) 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 day after delivery of the amount actually paid by CustomerCompletion Notice. However, implied acceptance shall not relieve Level 3 of its obligation to insure that the Capacity, as an initial matter, meets specifications.

ACCEPTANCE TESTING AND COMPLETION. (A) Subject to SUBSECTION 4(D) above, as soon as MCI WorldCom has reasonably determined that 9.01 Grantor shall test the Leased Circuit(s) requested by Customer are operating substantially Grantee Fibers in conformity accordance with the performance warranty set forth procedures and standards specified in SECTION 5 aboveExhibit "E" ("Acceptance Testing"). Acceptance Testing shall progress span by span along each Segment as cable splicing progresses, MCI WorldCom so that test results may be reviewed in a timely manner. Acceptance Testing shall include, but is limited to, (i) testing of the Grantee Fibers along a Segment, (ii) if applicable, completion of any work or installation required for any Lateral Segments listed in Exhibit "A" (provided Grantor and Grantee have acquired all necessary building access agreements or other authorizations to perform such installation work at least sixty (60) days before the Scheduled Completion Date for such Segment) and (iii) if applicable, completion of any build-out (inclusive of power) required for the Grantor Gateway Facilities (provided Grantee has designated its space and power requirements at least sixty (60) days before the Scheduled Completion Date for such Segment). Grantee shall have the right, but not the obligation, at Grantee's cost and expense, to be present to observe the Acceptance Testing. Grantee shall be responsible for the timely designation of its space and power requirements for the Grantor Gateway Facilities, acquisition of all necessary building access agreements or other authorizations required for installation work and access to Grantee's Point of Presence within such building, and completion of any work or installation required in order for it to place the Grantee Fibers into operation (and Grantee's failure to make such designations, acquire such authorizations, or complete such work shall not be grounds for rejection of a Completion Notice). Grantor shall provide Customer Grantee with a copy of such test results. 9.02 Upon the successful completion of Acceptance Testing respecting any Segment, Grantor shall provide written notice of same to Grantee (a "Completion Notice") and an invoice for the availability IRU Fee for such Segment. Grantor shall contemporaneously deliver a copy of such Leased Circuit the results of the Acceptance Testing for the entire Segment (if and to the "COMPLETION NOTICE"). Customer extent that Grantor has not previously delivered same) and Grantee shall, within five fifteen (515) days of receipt of the Completion Notice, either accept or reject the Completion Notice, and in Notice (Grantee shall be permitted to reject only if Grantee specifies a material failure of the case Grantee Fibers to satisfy the requirements of a rejection, specify the defect or failure and/or the matters to be remedied, this Agreement) by providing delivery of written notice to MCI WorldComGrantor. 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 Grantee rejects the Completion Notice, MCI WorldComGrantor shall promptly, and at its sole costno cost of Grantee, shall commence to remedy the defect or failure specified in CustomerGrantee's notice notice. Thereafter Grantor shall again conduct Acceptance Testing and give Customer (if successfully completed) provide Grantee a Completion Notice with respect to such city pair. (B) If MCI WorldCom (i) provides a Rejection Notice with respect Segment. The foregoing procedure shall apply again and successively thereafter until Grantor has remedied all defects or failures specified by Grantee. Any failure by Grantee to an order for a Leased Circuit; timely accept 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 reject 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 or any use of the Purchase Price paid Grantee Fibers or Associated Property by Customer Grantee for the undelivered Leased Capacity in question (the "NON-DELIVERY REFUND AMOUNT"). In such caseany purpose other than testing, the Non-Delivery Refund Amount shall be computed by multiplying (x) deemed to constitute acceptance for purposes of this Agreement and Grantee shall be deemed to have delivered a notice of acceptance upon such use or on 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 fifteenth day after delivery of the amount actually paid by CustomerCompletion Notice. Notwithstanding the foregoing, Grantor may send a separate Completion Notice for each Grantor Gateway Facility located along a Segment.

ACCEPTANCE TESTING AND COMPLETION. (A) Subject to SUBSECTION 4(D) above, as soon as MCI WorldCom has reasonably determined that 9.01 Grantor shall test the Leased Circuit(s) requested by Customer are operating substantially Grantee Fibers in conformity accordance with the performance warranty set forth procedures and standards specified in SECTION 5 aboveExhibit "E" ("Acceptance Testing"). Acceptance Testing shall progress span by span along each Segment as cable splicing progresses, MCI WorldCom so that test results may be reviewed in a timely manner. Grantee shall be responsible for the timely completion of any work or installation required in order for it to place the Grantee Fibers into operation (and Grantee's failure to complete such work shall not be grounds for rejection of a Completion Notice). Grantee shall have the right, but not the obligation, at Grantee's cost and expense, to be present to observe the Acceptance Testing. Grantor shall provide Customer Grantee with a copy of such test results. 9.02 Upon the successful completion of Acceptance Testing respecting any Segment, Grantor shall provide written notice of the availability of such Leased Circuit same to Grantee (the a "COMPLETION NOTICECompletion Notice"). Customer Grantor shall contemporaneously deliver a copy of the results of the Acceptance Testing for the entire Segment (if and to the extent that Grantor has not previously delivered same) and Grantee shall, within five twenty (520) days of receipt of the Completion Notice, either accept or reject the Completion Notice, and in Notice (Grantee shall be permitted to reject only if Grantee specifies a material failure of the case Grantee Fibers to satisfy the requirements of a rejection, specify the defect or failure and/or the matters to be remedied, this Agreement) by providing delivery of written notice to MCI WorldComGrantor. 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 Grantee rejects the Completion Notice, MCI WorldComGrantor shall promptly, and at its sole costno cost to Grantee, shall commence to remedy the defect or failure specified in CustomerGrantee's notice notice. Thereafter Grantor shall again conduct Acceptance Testing and give Customer (if successfully completed) provide Grantee a Completion Notice with respect to such city pair. (B) If MCI WorldCom (i) provides a Rejection Notice with respect Segment. The foregoing procedure shall apply again and successively thereafter until Grantor has remedied all defects or failures specified by Grantee. Any failure by Grantee 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 timely reject 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 or any use of the Purchase Price paid Grantee Fibers by Customer Grantee for the undelivered Leased Capacity in question (the "NON-DELIVERY REFUND AMOUNT"). In such caseany purpose other than testing, the Non-Delivery Refund Amount shall be computed by multiplying (x) deemed to constitute acceptance for purposes of this Agreement and Grantee shall be deemed to have delivered a notice of acceptance upon such use or on 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 twentieth day after delivery of the amount actually paid by Customer.Completion Notice. However, such implied acceptance shall not relieve Grantor of its obligation to insure that the fiber, as an initial matter, meets the specifications of Exhibit E.

ACCEPTANCE TESTING AND COMPLETION. (A) Subject to SUBSECTION 4(D) above, as soon as MCI WorldCom has reasonably determined that Level 3 shall test the Leased Circuit(s) requested by Customer are operating substantially Fibers in conformity accordance with the performance warranty set forth procedures and standards specified in SECTION 5 above, MCI WorldCom Exhibit "D" ("Acceptance Testing") and Level 3 shall provide Customer written notice with a copy of such test results for each Segment so that the test results may be reviewed in a timely manner. Acceptance Testing is limited to testing of the availability Customer Fibers. Customer shall be responsible for the timely designation of its space and power requirements and completion of any work or installation required in order for it to place the Customer Fibers into operation (and Customer's failure to designate its space and power requirements or complete such Leased Circuit work shall not be grounds for rejection of a Connection Notice). (B) Upon the "COMPLETION NOTICE")successful completion of Acceptance Testing respecting the Customer Fibers within a Segment, Lateral Segment or Riser Segment and, if applicable, the completion of any build out required for the associated Running Line Facilities, Level 3 shall provide a Connection Notice to Customer. Level 3 shall contemporaneously deliver a copy of the results of the Acceptance Testing for the Segment, Lateral Segment or Riser Segment (if and to the extent that Level 3 has not previously delivered same) and Customer shall, within five fifteen (515) days of receipt of the Completion NoticeConnection Notice (notwithstanding the shorter acceptance period set forth in Section 3.1 of the Agreement), either accept or reject the Completion Notice, and in Connection Notice (Customer shall be permitted to reject only if Customer specifies a material failure of the case Customer Fibers to satisfy the requirements of a rejection, specify the defect or failure and/or the matters to be remedied, this Service Schedule) by providing delivery of 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 NoticeLevel 3. In the event Customer rejects the Completion Connection Notice, MCI WorldComLevel 3 shall promptly, and at its sole costno cost of Customer, shall commence to remedy the defect or failure specified in Customer's notice notice. Thereafter Level 3 shall again conduct Acceptance Testing and give (if successfully completed) provide Customer a Completion Connection Notice with respect to such city pair. (B) If MCI WorldCom (i) provides Segment, Lateral Segment or Riser Segment. The foregoing procedure shall apply again and successively thereafter until Level 3 has remedied all defects or failures specified by Customer. Any failure by Customer to timely accept or reject 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 Connection 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 or any use of the Purchase Price paid Customer Fibers or the space in the Running Line Facilities by Customer for any purpose other than testing of the undelivered Leased Capacity in question (the "NON-DELIVERY REFUND AMOUNT"). In such caseCustomer Fibers, the Non-Delivery Refund Amount shall be computed by multiplying (x) deemed to constitute acceptance for purposes of this Service Schedule and Customer shall be deemed to have delivered a notice of acceptance upon such use or on 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 fifteenth day after delivery of the amount actually paid by CustomerConnection Notice. Notwithstanding the foregoing, Xxxxx 0 may send a separate Connection Notice for each Running Line Facility located along a Segment.

ACCEPTANCE TESTING AND COMPLETION. (A) Subject to SUBSECTION 4(D) above, as soon as MCI WorldCom has reasonably determined that 9.01 Grantor shall test the Leased Circuit(s) requested by Customer are operating substantially Grantee Fibers in conformity accordance with the performance warranty set forth procedures and standards specified in SECTION 5 aboveExhibit "E" ("Acceptance Testing"). Acceptance Testing shall progress span by span along each Segment as cable splicing progresses, MCI WorldCom so that test results may be reviewed in a timely manner. Grantee shall be responsible for the timely completion of any work or installation required in order for it to place the Grantee Fibers into operation (and Grantee's failure to complete such work shall not be grounds for rejection of a Completion Notice). Grantee shall have the right, but not the obligation, at Grantee's cost and expense, to be present to observe the Acceptance Testing. Grantor shall provide Customer Grantee with a copy of such test results. 9.02 Upon the successful completion of Acceptance Testing respecting any Segment, Grantor shall provide written notice of the availability of such Leased Circuit same to Grantee (the a "COMPLETION NOTICECompletion Notice"). Customer Grantor shall contemporaneously deliver a copy of the results of the Acceptance Testing for the entire Segment (if and to the extent that Grantor has not previously delivered same) and Grantee shall, within five (5) [REDACTED] days of receipt of the Completion Notice, either accept or reject the Completion Notice, and in Notice (Grantee shall be permitted to reject only if Grantee specifies a material failure of the case Grantee Fibers to satisfy the requirements of a rejection, specify the defect or failure and/or the matters to be remedied, this Agreement) by providing delivery of written notice to MCI WorldComGrantor. 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 Grantee rejects the Completion Notice, MCI WorldComGrantor shall promptly, and at its sole costno cost to Grantee, shall commence to remedy the defect or failure specified in CustomerGrantee's notice notice. Thereafter Grantor shall again conduct Acceptance Testing and give Customer (if successfully completed) provide Grantee a Completion Notice with respect to such city pair. (B) If MCI WorldCom (i) provides a Rejection Notice with respect Segment. The foregoing procedure shall apply again and successively thereafter until Grantor has remedied all defects or failures specified by Grantee. Any failure by Grantee 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 timely reject 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 or any use of the Purchase Price paid Grantee Fibers by Customer Grantee for the undelivered Leased Capacity in question (the "NON-DELIVERY REFUND AMOUNT"). In such caseany purpose other than testing, the Non-Delivery Refund Amount shall be computed by multiplying (x) deemed to constitute acceptance for purposes of this Agreement and Grantee shall be deemed to have delivered a notice of acceptance upon such use or on the Purchase Price [*REDACTED] 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 after delivery of the amount actually paid by Customer.Completion Notice. [REDACTED]

ACCEPTANCE TESTING AND COMPLETION. 8.1 Grantor shall test the Capacity and the Ancillary Services relating thereto in accordance with generally acceptable industry standards (A) Subject "Acceptance Testing"). Grantor shall provide Grantee with prior notice of the date and time of Acceptance Testing and Grantee shall have the right, but not the obligation, at Grantee's cost and expense, to SUBSECTION 4(D) above, as soon as MCI WorldCom participate in the end to end Acceptance Testing. 8.2 When Grantor has reasonably determined that the Leased Circuit(s) requested by Customer are results of the Acceptance Testing with respect to a particular Segment show that the Capacity and the Ancillary Services relating thereto so tested is operating substantially in conformity with the performance warranty set forth in SECTION 5 aboveapplicable specifications required to meet the Acceptance Testing, MCI WorldCom Grantor shall provide Customer written notice of the availability of such Leased Circuit same to Grantee (the a "COMPLETION NOTICECompletion Notice"). Customer Grantee shall, within five (5) days of receipt of the Completion Notice, either accept or reject the Completion NoticeNotice (specifying, and in the case of a rejectionif rejected, specify the defect or failure in the Acceptance Testing and/or the items or matters to be remedied, ) by providing delivery of written notice to MCI WorldComGrantor. 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 Grantee rejects the Completion Notice, MCI WorldComGrantor shall promptly, and at its sole costno cost of Grantee, shall commence to remedy the defect or failure specified in CustomerGrantee's notice and notice. Thereafter Grantor shall again give Customer Grantee 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; Segment. The foregoing procedure shall apply again and successively thereafter until Grantor has remedied all defects or (ii) fails failures specified by Grantee. However, the failure of Grantor to provide a Leased Circuit Capacity which is operating substantially in conformity with the Technical Standards applicable requirements of the Acceptance Testing by the date which is the later of (i) within fifteen (15) days following MCI WorldComafter Grantor's initial delivery of a Completion Notice; (ii) the date upon which the Capacity was due under Section 7.6; and (iii) the requested start date contained in Grantee's Order, Customer's sole shall constitute a failure of delivery and exclusive shall entitle Grantee to pursue the remedy will set forth in Section 16.4 of this Agreement. Any failure by Grantee to timely reject a Completion Notice shall be deemed to abandon constitute acceptance for purposes of this Agreement and Grantee shall be deemed to have delivered a notice of acceptance on 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 fifteenth day after delivery 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 CustomerCompletion Notice.