Approval of Deliverables. 7.1 If Digimarc fails to produce a Deliverable acceptable to [**] by the date set out in the applicable Statement of Work, or in the case where the Statement of Work requires the parties to agree on whether a Deliverable is acceptable, if the parties fail to agree for any reason by the date specified in the Statement of Work or, if no date is specified, within ten (10) Business Days after a party’s Contract Authority asks the other party’s Contract Authority for agreement, then the DLA Contract Authority may, in its sole discretion, by written notice to Digimarc, either:
(a) allow additional time for Digimarc to produce a Deliverable acceptable to [**] or for the parties to come to agreement, whereupon the time for completion of all other Deliverables which depend on the acceptance or agreement will be automatically extended by one day for each additional day or such other period as may be agreed in writing between the parties’ respective Contract Authorities; or
(b) cancel any further Work on the Deliverable and all Deliverables which depend on the acceptance or agreement, whereupon the Statement or Statements of Work which provide for the cancelled Work or Deliverables will be deemed to be amended to exclude them.
7.2 Neither party shall refer for arbitration any failure to agree referred to in clause 7.1.
Approval of Deliverables. The supplemental Project terms and conditions ------------------------ shall establish time frames for the acceptance process of Deliverables; any reference to dates or time periods in this Section shall mean the dates mutually agreed upon by the parties in, or determined in accordance with, such terms and conditions. The Chordiant Project Manager shall submit each Deliverable to the EDS Project Manager on or before the specified delivery date. Within the established time frame, EDS shall approve or disapprove the Deliverable by providing written notice to Chordiant. EDS shall describe in any disapproval the ways in which the Deliverable fails to conform to the established requirements and/or the Applicable Specifications for the Project or portion thereof; EDS may also suggest corrections or improvements which may cause the Deliverable to meet such standard. Chordiant shall resubmit the Deliverable to EDS for approval as provided in this Section, within the established cure period. EDS may extend the period of time for resubmission of the Deliverable if Chordiant submits a written request outlining the specific reasons why Chordiant cannot comply with the requirements together with Chordiant's proposed alternative schedule for resubmission of the Deliverable. Chordiant may submit draft versions of a Deliverable prior to the required date for the informal comment of the EDS Project Manager. EDS' approval of a Deliverable only indicates that EDS has reviewed the Deliverable and detected no errors or omissions sufficient enough to warrant the withholding or denial of payment, if any, for such Deliverable. EDS' approval of a Deliverable does not discharge Chordiant's obligation to provide a completed Developed Software that as a whole conforms to the Applicable Specifications.
Approval of Deliverables. The CWC Project Manager shall submit each item or task to be performed by CWC which must be approved by GM or performed to the satisfaction of GM ("Deliverable") to the GM Project Manager on or before the mutually agreed delivery date. within the time frame mutually agreed upon by the parties in the Statement Of work, GM shall approve or disapprove the Deliverable by providing written notice to CWC. Any disapproval shall describe the ways in which the Deliverable is unacceptable to GM and what corrections or improvements are required by GM. CWC shall resubmit the Deliverable to GM for approval as set forth herein, modified in accordance with GM's directions, within the mutually established cure period. GM may extend the period of time for resubmission of the Deliverable if CWC submits a written request setting forth the specific reasons why CWC cannot comply with the requirements together with a schedule of when CWC will be able to resubmit the Deliverable. The parties agree that in order to expedite the approval process, CWC may submit draft versions of a Deliverable prior to the required date for the informal comment of the GM Project Manager and any other relevant GM personnel. By approving a Deliverable, GM represents only that it has reviewed the Deliverable and detected no errors or omissions sufficient enough to warrant the withholding or denial of payment, if any, for such Deliverable. GM's approval of a Deliverable does not discharge CWC's obligation to provide a completed Product that as a whole conforms to the Applicable Specifications.
Approval of Deliverables. Initial Submissions
Approval of Deliverables. After review of the Removal Work Plan and any other deliverable required to be submitted for EPA approval under this Settlement, EPA shall: (a) approve, in whole or in part, the deliverable; (b) approve the submission upon specified conditions and/or require revisions to the deliverable; (c) disapprove, in whole or in part, the deliverable and require revisions to the deliverable; or (d) any combination of the foregoing. If EPA requires revisions, EPA will provide a deadline for the resubmission, and Purchaser shall submit the revised deliverable by the required deadline. Once approved or approved with conditions, Purchaser shall implement the Removal Work Plan or other deliverables in accordance with the EPA-approved schedule. Upon approval or subsequent modification by EPA of any deliverable, or any portion thereof: (1) such deliverable, or portion thereof, and any subsequent modifications, will be incorporated into and enforceable under this Settlement; and (2) Purchaser shall take any action required by such deliverable, or portion thereof. Purchaser shall not commence or perform any Work except in conformance with the terms of this Settlement. Purchaser may ship hazardous substances, pollutants, and contaminants from the Site to an off-site facility only if it complies with section 121(d)(3) of CERCLA and 40 C.F.R. § 300.440. Purchaser will be deemed to be in compliance with CERCLA § 121(d)(3) and 40 C.F.R. § 300.440 regarding a shipment if Purchaser obtains a prior determination from EPA that the proposed receiving facility for such shipment is acceptable under the criteria of 40 C.F.R. § 300.440(b). Purchaser may ship Waste Material from the Site to an out-of-state waste management facility only if, prior to any shipment, it provides written notice to the appropriate state environmental official in the receiving facility’s state and to the OSC. This written notice requirement will not apply to any off-site shipments when the total quantity of all such shipments does not exceed 10 cubic yards. The written notice must include the following information, if available: (1) name and location of the receiving facility; (2) type and quantity of Waste Material to be shipped; (3) schedule for the shipment; and (4) method of transportation. Purchaser also shall notify the state environmental official referenced above and the OSC of any major changes in the shipment plan, such as a decision to ship the Waste Material to a different out-of-state facility. Purcha...
Approval of Deliverables a. Initial Submissions
(1) After review of any Deliverable that is required to be submitted for Division approval under this Settlement or the attached SOWs, the Division shall:
(i) approve, in whole or in part, the submission; (ii) approve the submission upon specified conditions, including the need to address comments on the submission provided by the Division; (iii) disapprove, in whole or in part, the submission; or
Approval of Deliverables a. All Deliverables prepared by the Contractor for an Authorized User shall have the written approval of the Authorized User’s project director/program manager or his or her written designee that such Deliverables comply in all material respects with the requirements of the respective Engagement Letter and SOW, which approval shall not be unreasonably withheld.
b. An Authorized User shall complete its review of a Deliverable in not more than the number of business days that is specified in the respective Engagement Letter or SOW for the Authorized User’s review of such Deliverable. If not specifically identified in the Engagement Letter or SOW, then the number of business days for any Authorized User review of a Deliverable shall be no more than ten (10) business days. The Authorized User shall provide the Contractor (i) with approval of the Deliverable or (ii) with a written statement, as provided below, of the deficiencies preventing approval. Such business days shall be counted from and include the first business day following the delivery of the Deliverable to the Authorized User. 435400-P15-eHealth-Del-01
c. The Authorized User’s review and approval of Deliverables shall be solely for the purpose of determining compliance in all material respects with the applicable specifications and acceptance criteria set forth in the respective Engagement Letter and SOW and not for any other purpose, including, without limitation, format or style of the Deliverables or the incorporation at that time of additional ideas or functionality. Approval shall be granted if the Deliverable conforms in all material respects to the applicable specifications and acceptance criteria set forth in the Engagement Letter and SOW. In the event of the Authorized User’s rejection of a Deliverable, the Authorized User shall provide a complete and written statement which identifies in reasonable detail, with references to the applicable specifications or acceptance criteria in the Engagement Letter and SOW, all deficiencies.
d. The Contractor shall have thirty (30) business days to complete all such corrective actions or changes in order for such Deliverable to conform in all material respects with the requirements therefor set forth in the Engagement Letter and SOW. The count of such business days shall begin on the first business day following the Contractor’s receipt of the written statement of required corrective actions or changes as set forth in subparagraph b. of this Section.
e...
Approval of Deliverables a. After reviewing any document that is required to be submitted pursuant to this CAFO (the “Submission”) EPA shall, in writing (i) approve the Submission; (ii) approve the Submission with specified conditions; (iii) approve part of the Submission and disapprove the remainder; or (iv) disapprove the Submission.
b. If the Submission is approved, Respondent shall take all actions required by the Submission in accordance with the schedules or requirements therein. If the Submission is conditionally approved or approved only in part, Respondent shall, upon written direction from EPA, take all actions required by the Submission that EPA determines are technically severable from any disapproved portions.
c. If the Submission is disapproved in whole or in part, Respondent shall, within 30 days or such other time as the Parties agree to in writing, correct all deficiencies and resubmit the Submission, or disapproved portion thereof, for approval in accordance with the preceding subparagraphs. If the resubmission is approved in whole or in part, Respondent shall proceed in accordance with the preceding subparagraphs.
d. Any stipulated penalties applicable to the original Submission, as provided in paragraphs 61 through 65 of this CAFO, shall accrue during the 30-day period or other specified period during which deficiencies are being corrected, but shall not be payable unless the resubmission is untimely or is disapproved in whole or in part, provided that, if the original Submission was so deficient as to constitute a material breach of Respondent’s obligations under this CAFO as determined by EPA, the stipulated penalties applicable to the original Submission shall be due and payable notwithstanding any subsequent resubmission.
e. If a resubmission or portion thereof is disapproved in whole or in part, EPA may again require Respondent to correct any deficiencies, in accordance with the preceding subparagraphs, subject to the right of EPA to seek stipulated penalties as provided in the preceding subparagraphs.
Approval of Deliverables a. Initial Submissions
(1) After review of any deliverable that is required to be submitted for EPA approval under this Settlement or the attached SOW, EPA shall:
(i) approve, in whole or in part, the submission; (ii) approve the submission upon specified conditions; (iii) disapprove, in whole or in part, the submission; or (iv) any combination of the foregoing.
(2) EPA also may modify the initial submission to cure deficiencies in the submission if: (i) EPA determines that disapproving the submission and awaiting a resubmission would cause substantial disruption to the Work; or (ii) previous submission(s) have been disapproved due to material defects and the deficiencies in the initial submission under consideration indicate a bad faith lack of effort to submit an acceptable deliverable.
Approval of Deliverables. (a) Initial Submissions
(1) After review of any deliverable that is required to be submitted for EPA approval under this SOW, EPA shall: (i) approve, in whole or in part, the submission; (ii) approve the submission upon specified conditions; (iii) disapprove, in whole or in part, the submission; or (iv) any combination of the foregoing.
(2) EPA also may modify the initial submission to cure deficiencies in the submission if: (i) EPA determines that disapproving the submission and
