Common use of AS Acceptance Testing and Acceptance Clause in Contracts

AS Acceptance Testing and Acceptance. (a) After installation of the AS Software, or any part thereof as set forth in Appendix K, the Owner will carry out Functional Acceptance Tests in accordance with the provisions of Appendix K, testing the compliance of the AS Software with the AS Statement of Work. The Owner will start the AS Functional Acceptance Tests no later than seven (7) days after installation of such AS Software and complete the AS Functional Acceptance Tests no later than fourteen (14) days after installation of such AS Software. (b) After such AS Software has successfully passed the Functional Acceptance Tests, the Owner will commence the AS Final Acceptance Test in accordance with the provisions of Appendix K. The duration of the AS Final Acceptance Test shall be thirty (30) days after successful completion of the AS Functional Acceptance Test. (c) If the Owner fails to conduct either the AS Functional Acceptance Tests or the Final Acceptance Test within the time periods set forth in subsections 9.7(a) and 9.7(b), the AS Software shall be deemed to have met the Acceptance Test criteria on the last day of the time period allotted for the applicable AS Acceptance Test. (d) The costs and expenses of the AS Acceptance Tests will be borne by the Owner. Upon request of the Owner, the Vendor will provide reasonable support to the Owner during the AS Functional Acceptance Tests and the AS Final Acceptance Tests. (e) If the AS Acceptance Tests show that the AS Software complies with the AS Statement of Work, such AS Software will be accepted by the Owner by confirming the results in a written report. (f) If any AS 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 AS Acceptance Test not to be satisfied. After such correction, the Vendor must (i) repeat at its sole cost and expense the failed AS Acceptance Tests and as many other AS 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 AS Acceptance Tests, and (ii) in writing, notify the Owner as to what correction was made and what AS 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 15.8 or other remedies under this Contract in the event the Vendor fails to deliver AS Products in accordance with the requirements of Appendix G on the dates originally scheduled for such deliveries. (g) Minor Defects and shortcomings not affecting the operational use of any part of the AS 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 K.