Commercial Acceptance Sample Clauses

Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser and provided the Contractor accepts, with respect to a Segment or the System if the results of the Acceptance Testing demonstrate that such Segment or the System does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment or the System is Ready for Commercial Acceptance; provided, that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser (as confirmed by the Independent Engineer). 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding Work to be completed and deficiencies to be corrected by the Contractor in accordance with this Contract. 3. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies and complete the Work indicated on such list, so as to comply with the requirements of this Contract, provided that the Purchaser allows Contractor (to the extent Purchaser has the right to do so) the necessary access to the Segment(s) as the Contractor reasonably needs to remedy such outstanding items. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(s) as required in Sub-Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work until such deficiency is no longer outstanding. 4. When the outstanding deficiencies referenced in Sub-Article 9(D)(3) above have been remedied and completed, and the Segment(s) is otherwise Ready for Provisional Acceptance in accordance with this Contract, the Purchaser (as confirmed by the Independent Engineer) will promptly issue a Certificate of Provisional Acceptance; provided, -------- that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser. 5. The issuance of a Certificate of Commercial Acceptance with respect to a Segment shall in no way relieve the Contractor from its obligation to provide a Segment conforming with the System Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance. Moreover, the issuance of a Certificate of Commercial Acceptance for a Segment or the System shall not be in lieu of the issuance of a Certificate of Provisional Acceptance for each Segment and the System and the Contractor shall sti...
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Commercial Acceptance. 6.2.3.1 In the event that the relevant Phase does not meet the requirements of Article 6.2.1 for the issuance of a Certificate of Provisional Acceptance, but the relevant Phase is nevertheless acceptable for use by the Purchaser, then the Purchaser may, with the agreement of the Supplier, issue a Certificate of Commercial Acceptance for the relevant Phase. 6.2.3.2 The Certificate of Commercial Acceptance will contain a list of outstanding work items on which corrective action will be expected to be undertaken in order to place the relevant Phase in conformity with Annex 4. 6.2.3.3 When the Certificate of Commercial Acceptance is issued, title to the relevant Phase, as applicable, and responsibility for maintenance thereof shall pass to the Purchaser, if such responsibility has not already passed. The Supplier shall remain responsible for any damage or loss to the System occurring as a result of the negligent or intentional acts or omissions of the Supplier, its agents or sub-contractors. 6.2.3.4 The issuance of a Certificate of Commercial Acceptance shall not constitute a waiver of the Supplier's obligation to provide the relevant Phase in compliance with the requirements of Annex 4. In the event that prior to RFPA for the relevant Phase the performance of the part of the System that was acceptable deteriorates from the performance established at the time of Commercial Acceptance, the Supplier shall be responsible for re-establishing promptly performance of such part to at least the level of performance at the time of Commercial Acceptance and bearing all costs of those corrective actions. 6.2.3.5 Following the issuance of a Certificate of Commercial Acceptance, the Supplier shall as soon as practicable remedy all outstanding work items so as to allow tests to be conducted in accordance with, Annex 10 of Section 1 to Annex 4 hereof.
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Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser with respect to the System if the results of the Acceptance Testing demonstrate that such System does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such System is Ready for Commercial Acceptance. 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding items to be completed by the Seller. 3. Omitted 4. When the outstanding items referenced in Article 9(D)(3) above have been remedied, and the System otherwise Ready for Provisional Acceptance, the Purchaser will promptly issue a Certificate of Provisional Acceptance. 5. The issuance of a Certificate of Commercial Acceptance with respect to the System shall in no way relieve the Seller from its obligation to provide a System conforming with the Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance.
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Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser with respect to a Segment, the System or System Upgrade if the results of the Acceptance Testing demonstrate that such Segment, the System or such System Upgrade does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment, the System or such System Upgrade is Ready for Commercial Acceptance; provided, that such acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser. 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding items to be completed by the Contractor.
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Commercial Acceptance. 17.7.1 If the Purchasers wish to put a part of or all the Segment(s)/Network into Commercial Acceptance or if the Purchasers are not satisfied that the results of the Network Acceptance Tests or the delivered system compiles fully with Part 4 (Technical Specifications), Part 5 (Plan of Work) and Part 6 (Contractor's Network Descriptions) to justify the issuance of a Certificate of Network Acceptance then, the Purchasers may, at its sole discretion, proceed with the issuance of a Certificate of Commercial Acceptance. 17.7.2 Upon the issuance of a Certificate of Commercial Acceptance, the Segment(s)/Network shall be deemed to be accepted for commercial use. The Contractor shall continue to carry the risk of the
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Commercial Acceptance. While the Company believes that a commercial market exists for its products, there can be no guaranty that such a market will develop or develop to the extent that the Company anticipates.
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Commercial Acceptance. If at any time the Developer determines that, based upon information supplied by the Contractor, any portion of the Outside Plant is suitable to be put into commercial service (such portion, the "RFCS PORTION"), then the Developer, at its option and without obligation (except to the extent specified in clause (a) of this Section 31.3), shall issue, with the consent (except as provided in such clause (a)) of the Contractor (which consent shall not be unreasonably withheld or delayed), to the Contractor a "CERTIFICATE OF COMMERCIAL ACCEPTANCE."
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Related to Commercial Acceptance

  • Order Acceptance Xxxxxxx’x acceptance of the Order and consequent agreement to the Contract by either: (a) delivering the Goods, Services, or Digital Services; or

  • PRODUCT ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor in the Authorized User Agreement, Authorized User(s) shall have sixty (60) days from the date of delivery to accept all Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Title or other property interest and risk of loss shall not pass from Contractor to the Authorized User until the Products have been accepted. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty

  • Final Acceptance All Work has been completed and accepted by the County. The Contractor has provided all required close-out documentation and items as required by the Detailed Scope of Work for the specific Job Order, and these items and have accepted and approved by the County

  • STATE ACCEPTANCE All insurance providers are subject to Agency acceptance. If requested by Agency, Grantee shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Exhibit C.

  • CONTRACT ACCEPTANCE By acceptance of this order, Xxxxxx agrees that the scope of the work required is understood by Xxxxxx; that there are no informal commitments by Buyer that in any way affect the work under this order; that there are no open or unresolved issues related to this order except as explicitly stated herein; and that Xxxxxx therefore understands and agrees that this order states the complete agreement of the parties. CAS requirements do not apply if the order does not exceed $650,000 or if the Seller claims an exemption per the Proposal Representation and Certification, or if certified cost or pricing data was not provided.

  • Card Acceptance When accepting a Card, Xxxxxxxx will follow the steps provided by Servicer for accepting Cards and will: (a) determine in good faith and to the best of its ability that the Card is valid on its face; (b) obtain Authorization from the Card Issuer to charge the Cardholder's account; (c) unless the Sales Draft is electronically generated or is the result of a mail, internet, phone or preauthorized order, (i) obtain an Imprint of the Card including embossed data from the merchant imprinter plate; and (ii) obtain the Cardholder's signature on the Sales Draft and compare that signature to the signature on the Card; (d) enter a description of the goods or services sold and the price thereof (including any applicable taxes); (e) deliver a true and completed copy of the Sales Draft to the Cardholder at the time the goods are delivered or services performed, or, if the Sales Draft is prepared by a point-of-sale terminal, at the time of the sale; (f) offer the Sales Draft to Servicer for purchase according to Servicer's procedures and the terms of this Agreement; and (g) make a Card Imprint, if the Transaction is not based upon a mail, internet, phone or pre-authorized order.

  • Payment Does Not Imply Acceptance of Work The granting of any payment by City, or the receipt thereof by Contractor, shall in no way lessen the liability of Contractor to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work, equipment or materials may not have been apparent or detected at the time such payment was made. Materials, equipment, components, or workmanship that do not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Contractor without delay.

  • Engagement; Acceptance The Issuer engages Xxxxxxx Fixed Income Services LLC to act as the Asset Representations Reviewer for the Issuer. Xxxxxxx Fixed Income Services LLC accepts the engagement and agrees to perform the obligations of the Asset Representations Reviewer on the terms in this Agreement.

  • Inspection; Acceptance The Contractor (immixTechnology, Inc.) can only, and shall only tender for acceptance those items that substantially conform to the software manufacturer’s (“Qualtrics”) published specifications. Therefore, items delivered shall be considered accepted upon delivery. The Government reserves the right to inspect or test any supplies or services that have been delivered. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-(1) Within the warranty period; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

  • Payment Not Acceptance Payment of any progress payment or final payment shall not constitute acceptance of Work that is defective or otherwise fails to conform to the Agreement, or a waiver of any rights or remedies the Department may have with respect to defective or nonconforming Work.

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