Deliverable Data. Purchaser shall, within fifteen (15) Business Days of Delivery by Contractor to the location designated in Article 3.1 of Deliverable Data requiring Purchaser approval pursuant to Exhibit A, Statement of Work, notify Contractor in writing that such Deliverable Data has been accepted in accordance with Exhibit A, Statement of Work (“Acceptance” with respect to each such item of Deliverable Data), or that such Deliverable Data does not comply with the applicable requirements of Exhibit A, Statement of Work, identifying each such non-conformance (with reference to the applicable requirement of Exhibit A, Statement of Work deemed not met). Contractor shall promptly correct any non-compliant aspect of such Deliverable Data identified in such notice from Purchaser, and re-submit it to Purchaser for a second acceptance inspection pursuant to this Article 11.2. The provisions of this Article 11.3 shall thereafter apply to the corrected Deliverable Data. If Purchaser fails to provide notice within the time specified, Acceptance shall be deemed to have occurred with respect to such Deliverable Data. Deliverable Data that does not require Purchaser approval pursuant to Exhibit A, Statement of Work, shall be deemed accepted upon Delivery of such Deliverable Data unless within fifteen (15) Business Days of Delivery, Purchaser notifies Contractor in writing that such Deliverable Data does not comply with the applicable requirements of the Statement of Work, identifying each such non-conformance (with reference to the applicable requirement of the Statement of Work deemed not met). Contractor shall promptly correct any non-compliant aspect of such Deliverable Data identified in such notice from Purchaser and re-submit it to Purchaser for a second acceptance inspection. Failure to provide notice within the time specified shall be deemed to be Acceptance for such item of Deliverable Data.
Appears in 2 contracts
Samples: Contract for Terrestar 1 (Terrestar Corp), Contract for Terrestar 2 (Terrestar Corp)
Deliverable Data. For any Deliverable Data (including Deliverable Items of Software but excluding Software integrated into a Satellite, which is subject to Article 10.1) that requires Purchaser approval pursuant to the requirements of this Contract, including the Statement of Work, Purchaser shall, within fifteen (15) [***…***] Business Days of Delivery by Contractor to the location designated in Article 3.1 of Deliverable Data requiring Purchaser approval pursuant to Exhibit A, Statement of WorkDelivery, notify Contractor in writing that such Deliverable Data has been accepted in accordance is either: (i) Accepted; or (ii) rejected as non-compliant with Exhibit Athe requirements of this Contract, including the Statement of Work (“Acceptance” with respect including any waivers or deviations approved by Purchaser pursuant to each such item of Deliverable DataArticle 11.6), or that such Deliverable Data does not comply with otherwise identified by the applicable requirements of Exhibit APurchaser as Defective, Statement of Work, in each case identifying each such non-conformance (with reference Defect and providing additional notes or comments as reasonably necessary to describe the relevant Defect. If Purchaser notifies Contractor of any Defect pursuant to the applicable requirement of Exhibit Aforegoing, Statement of Work deemed not met). Contractor shall promptly correct any non-compliant Defective aspect of such Deliverable Data identified in such notice from Purchaser, and re-submit it the Deliverable Data to Purchaser for a second acceptance subsequent inspection pursuant to verify that Contractor has corrected the previously-identified Defect or non-compliance and that the Deliverable Data complies with the requirements of the requirements of this Contract, including the Statement of Work. Contractor shall be required to repeat the process described in this Article 11.2 until such time as the relevant Deliverable Data has either been Accepted by Purchaser in writing, or has been deemed Accepted, in accordance with this Article 11.2, unless otherwise agreed by the Parties. The provisions of this Article 11.3 shall thereafter apply to the corrected Deliverable Data. If Purchaser fails to provide notice within the time specified, Acceptance shall be deemed to have occurred with respect to such Deliverable Data. For Deliverable Data that does not require Purchaser approval pursuant to Exhibit Athe requirements of this Contract, including the Statement of Work, shall be deemed accepted upon Delivery Acceptance of such Deliverable Data unless shall be deemed to have occurred upon Delivery and review by Purchaser to its satisfaction within fifteen (15) [***…***] Business Days of Delivery, Purchaser notifies Contractor in writing that provided such Deliverable Data does is not comply Defective and complies with the applicable requirements of the Statement of Workthis Contract, identifying each such non-conformance (with reference to the applicable requirement of including the Statement of Work deemed not met(including any waivers or deviations approved by Purchaser pursuant to Article 11.6). Contractor shall promptly correct any non-compliant aspect of such Deliverable Data identified in such notice from Purchaser and re-submit it use all reasonable efforts to Purchaser for a second acceptance inspection. Failure to provide notice within the time specified shall be deemed to be Acceptance for such item of Deliverable Dataincorporate and/or resolve Purchaser’s review comments.
Appears in 1 contract
Samples: Authorization to Proceed (Iridium Communications Inc.)
Deliverable Data. Purchaser shall, within fifteen (15) Business Days of Delivery by Contractor to the location designated in Article 3.1 of For any Deliverable Data requiring (including Deliverable Items of Software but excluding Software integrated into the DSS and Satellite, which are subject to Article 11.1 and Article 10.1, respectively) that requires Purchaser approval pursuant to Exhibit A, Statement of Work, Purchaser shall, within ten (10) Business Days of Delivery, notify Contractor in writing that such Deliverable Data has been accepted in accordance with Exhibit A, Statement of Work either been: (“Acceptance” with respect to each such item of Deliverable Data)i) Accepted, or (ii) that such Deliverable Data does not comply with the applicable requirements of Exhibit A, Statement of Work, identifying each such non-conformance. If Purchaser notifies Contractor of any non-conformance (with reference pursuant to the applicable requirement of Exhibit Aforegoing, Statement of Work deemed not met). Contractor shall promptly correct any non-compliant aspect of such Deliverable Data identified in such notice from Purchaser, and re-submit it the Deliverable Data to Purchaser for a second acceptance subsequent inspection pursuant to this Article 11.2. The provisions verify that Contractor has corrected the previously-identified non-compliance and that the Deliverable Data complies with the requirements of this Article 11.3 shall thereafter apply to the corrected Deliverable DataExhibit A, Statement of Work. If Purchaser fails to provide notice within the time specifiedspecified above, Acceptance shall be deemed to have occurred with respect to such Deliverable Data. Contractor shall be required to repeat the process described in this Paragraph until such time as the relevant Deliverable Data has either been Accepted by Purchaser in writing, or has been deemed Accepted, in accordance with this Paragraph. For Deliverable Data that does not require Purchaser approval pursuant to Exhibit A, Statement of Work, shall be deemed accepted upon Delivery Acceptance of such Deliverable Data unless within fifteen (15) Business Days of shall be deemed to have occurred upon Delivery, Purchaser notifies Contractor in writing provided that such Deliverable Data does not comply complies with the applicable requirements of the Statement of WorkExhibit A, identifying each such non-conformance (with reference to the applicable requirement of the Statement of Work deemed not met). Contractor shall promptly correct and further provided that in the event of any non-compliant aspect of such Deliverable Data identified compliance, Purchaser shall have the remedies set forth in such notice from Purchaser and re-submit it to Purchaser for a second acceptance inspection. Failure to provide notice within the time specified shall be deemed to be Acceptance for such item of Deliverable DataArticle 15.2.4.
Appears in 1 contract
Samples: Contract (Viasat Inc)
Deliverable Data. For any Deliverable Data (including Deliverable Items of Software but excluding Software integrated into a Satellite, which is subject to Article 10.1) that requires Purchaser approval pursuant to the requirements of this Contract, including the CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***. . .***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Statement of Work, Purchaser shall, within fifteen (15) [***…***] Business Days of Delivery by Contractor to the location designated in Article 3.1 of Deliverable Data requiring Purchaser approval pursuant to Exhibit A, Statement of WorkDelivery, notify Contractor in writing that such Deliverable Data has been accepted in accordance is either: (i) Accepted; or (ii) rejected as non-compliant with Exhibit Athe requirements of this Contract, including the Statement of Work (“Acceptance” with respect including any waivers or deviations approved by Purchaser pursuant to each such item of Deliverable DataArticle 11.6), or that such Deliverable Data does not comply with otherwise identified by the applicable requirements of Exhibit APurchaser as Defective, Statement of Work, in each case identifying each such non-conformance (with reference Defect and providing additional notes or comments as reasonably necessary to describe the relevant Defect. If Purchaser notifies Contractor of any Defect pursuant to the applicable requirement of Exhibit Aforegoing, Statement of Work deemed not met). Contractor shall promptly correct any non-compliant Defective aspect of such Deliverable Data identified in such notice from Purchaser, and re-submit it the Deliverable Data to Purchaser for a second acceptance subsequent inspection pursuant to verify that Contractor has corrected the previously-identified Defect or non-compliance and that the Deliverable Data complies with the requirements of the requirements of this Contract, including the Statement of Work. Contractor shall be required to repeat the process described in this Article 11.2 until such time as the relevant Deliverable Data has either been Accepted by Purchaser in writing, or has been deemed Accepted, in accordance with this Article 11.2, unless otherwise agreed by the Parties. The provisions of this Article 11.3 shall thereafter apply to the corrected Deliverable Data. If Purchaser fails to provide notice within the time specified, Acceptance shall be deemed to have occurred with respect to such Deliverable Data. For Deliverable Data that does not require Purchaser approval pursuant to Exhibit Athe requirements of this Contract, including the Statement of Work, shall be deemed accepted upon Delivery Acceptance of such Deliverable Data unless shall be deemed to have occurred upon Delivery and review by Purchaser to its satisfaction within fifteen (15) [***…***] Business Days of Delivery, Purchaser notifies Contractor in writing that provided such Deliverable Data does is not comply Defective and complies with the applicable requirements of the Statement of Workthis Contract, identifying each such non-conformance (with reference to the applicable requirement of including the Statement of Work deemed not met(including any waivers or deviations approved by Purchaser pursuant to Article 11.6). Contractor shall promptly correct any non-compliant aspect of such Deliverable Data identified in such notice from Purchaser and re-submit it use all reasonable efforts to Purchaser for a second acceptance inspection. Failure to provide notice within the time specified shall be deemed to be Acceptance for such item of Deliverable Dataincorporate and/or resolve Purchaser’s review comments.
Appears in 1 contract
Samples: Authorization to Proceed (Iridium Communications Inc.)