Common use of Actiview Acceptance Testing and Acceptance Clause in Contracts

Actiview Acceptance Testing and Acceptance. (a) After installation of Actiview Software as set forth in Appendix S, the Owner will carry out Actiview Functional Acceptance Tests in accordance with the provisions of Appendix S, testing the compliance of the Actiview Software with the Actiview Statement of Work. The Owner will start the Actiview Functional Acceptance Tests no later than thirty (30) days after installation of such Actiview Software and complete the Actiview Functional Acceptance Tests no later than sixty (60) days after installation of such Actiview Software. (b) After the Actiview Software has successfully passed the Actiview Functional Acceptance Tests, the Owner will commence the Actiview Final Acceptance Test in accordance with the provisions of Appendix S. The Actiview Final Acceptance Test shall be thirty (30) days after successful completion of the Actiview Functional Acceptance Test. (c) If the Owner fails to conduct either the Actiview Functional Acceptance Tests or the Actiview Final Acceptance Tests within the time periods set forth in subsections 9.8(a) and 9.8(b), the Actiview Software will be deemed to have met the Actiview Acceptance Test criteria on the last day of the time period allotted for the applicable Actiview Acceptance Test unless any such delay is caused by or due to an act or omission of the Vendor and/or a Defect in the Actiview Software. (d) The Owner will be responsible for the costs and expenses of the Actiview Acceptance Tests. The Vendor will provide the support services to the Owner set forth in the Actiview Statement of Work. (e) If the Actiview Acceptance Tests show that any of the Actiview Software complies with the Actiview Statement of Work, such Actiview Software will be accepted by the Owner by confirming the results in a written report. (f) If any Actiview Acceptance Test is not satisfied, the Owner will (i) in writing, notify the Vendor of such failure, and (ii) the Vendor will promptly correct whatever Defects or Deficiencies caused such Actiview Acceptance Test not to be satisfied. After such correction, the Vendor must (i) repeat at its sole cost and expense the failed Actiview Acceptance Tests and as many other Actiview Acceptance Tests as are necessary to ensure in the reasonable opinion of the Owner that such correction made by the Vendor would not have affected the outcome of such other Actiview Acceptance Tests, and (ii) in writing, notify the Owner as to what correction was made and what Actiview Acceptance Tests were repeated. Nothing stated herein to the contrary will in any way limit the Owner's right to liquidated damages pursuant to subsection 15.10 or other remedies under the Contract in the event the Vendor fails to deliver Actiview Products in accordance with the requirements of Appendix U on the dates originally scheduled for such deliveries. (g) Minor Defects and shortcomings not affecting the operational use of any part of the Actiview Software shall not give rise to withholding the acceptance provided that the Vendor undertakes to remedy such Defects and shortcomings as soon as reasonably possible, pursuant to the procedures described in Appendix S.