Delivery, Performance and Acceptance Clause Samples

Delivery, Performance and Acceptance. 14.1 StarTek acknowledges the competitive telecommunications marketplace in which CINGULAR operates and understands Cingular’s business requires prompt provision of Services by the specified Delivery Dates. Therefore, the Parties agree that all dates for Services are firm, time is of the essence, and StarTek will complete such Delivery in strict conformance with the Specifications.

Delivery, Performance and Acceptance. Notwithstanding anything stated herein, Sections (b), (d) and (e) below relating to Acceptance/Acceptance Testing/ Rejection, etc. shall not be applicable to any Orders for Standard Software or Maintenance. Standard Software and Maintenance Services are deemed “Accepted” upon Delivery: a. Unless otherwise agreed in an Order or SOW, Supplier shall deliver all Software electronically. Supplier shall deliver Material that materially conforms to Specifications. If any Materials are shipped, Supplier shall prepay for shipment and ship, based on the lowest published price, by reliable common carrier. b. If a Statement of Work provides that Acceptance is subject to inspection and testing after Delivery: Supplier shall provide AT&T a Notice of Completion after Delivery; and AT&T’s Acceptance Test Period shall commence upon (i) AT&T’s receipt of Supplier’s Notice of Completion for Services, or (ii) upon AT&T’s receipt of Material, whichever is earlier. c. If Material or Services are not in material compliance with the Specifications at the time of Delivery, AT&T shall so notify Supplier and provide Supplier an opportunity to cause such Material or Service to comply with the Specifications. Supplier shall notify AT&T of its plan to take corrective action within [* * *], and shall thereafter proceed to complete its corrective action as promptly as reasonably possible, in accordance with a plan reasonably acceptable to AT&T. After prompt corrective action, Supplier shall notify AT&T and, if a Notice of Completion was previously provided, Supplier shall provide a new Notice of Completion, and AT&T has the right to start a new Acceptance Test Period. d. If the Material and Services successfully complete the Acceptance Tests during the Acceptance Test Period, AT&T will Accept the Material and Services by furnishing the Acceptance Letter to Supplier. If a Statement of Work provides that Acceptance is subject to inspection and testing after Delivery, then Acceptance occurs when AT&T furnishes and Acceptance Letter or when the Acceptance Test Period lapses without any notification from AT&T providing a description and valid objection to the Material or Services (e.g. that the Materials or Services fails to meet the relevant Specifications). e. [* * *] Unless otherwise expressly provided in the SOW, in no event does AT&T’s use of Material or Service during the Acceptance Test Period constitute Acceptance, nor is Acceptance to be deemed ever to occur before Supplier completes...

Delivery, Performance and Acceptance. Services performed by Supplier shall be deemed to be Accepted by AT&T when Services are performed to AT&T’s satisfaction. Payments, including progress payments, if any, shall not be construed as Acceptance of Services performed up to the time of such payments. AT&T shall notify Supplier of any Services considered to be unsatisfactory. Supplier shall, at no charge to AT&T, take prompt action to correct such unsatisfactory Services. If such unsatisfactory Services have not been corrected within a reasonable time (not to exceed twenty (20) working days from date of notification), AT&T may, in addition to all other rights and remedies provided by law or this Agreement, Cancel this Agreement and/or any affected Order.

Delivery, Performance and Acceptance. For the purpose of the Software, the Subcontractor Agreement shall have no application. In its place, the following shall apply between the Parties for such purposes: a. If installation services are provided for the Software for or during the FFA, it shall be considered complete and ready for [**]’s consideration only after testing by Radcom in material compliance with both [**] and Radcom installation Specifications and procedures. Upon completion of the initial Installation, Radcom will submit to Amdocs (who shall then submit promptly to [**]) a “Notice of Completion”. If found by [**] to be materially in compliance with such installation Specifications and procedures, upon notice by [**], Amdocs will advise Radcom and the Software will be granted General Acceptance by Amdocs and, if not in compliance, then additional rounds of tests will be conducted until compliance is achieved. The Software shall be deemed Accepted upon the earliest occurrence of the following events: (i) a “Notice of Completion” was issued by Radcom, and Amdocs did not raise any material deviations from the installation Specifications and procedures, by the lapse of the period set for said tests as agreed by the Parties as part of the Project Plan; and/or (ii) if completion of Installation is delayed for an extended period of time due to an act and/or omission of [**], Amdocs and Radcom agree to achieve a mutually agreed resolution; and/or (iii) the Radcom Software is no longer deployed in a limited capacity; and/or (iv) there are no Critical and no more than [**] Major Errors. There will be an Evaluation Period after First Field Application to evaluate performance of the Software. b. If the Software meets the requirements as set forth in Appendix A for General Acceptance, Amdocs shall be deemed as Accepting the relevant Software component.

Delivery, Performance and Acceptance a. Delivery

Delivery, Performance and Acceptance. 5.1 Supplier agrees to deliver the Work to Agency upon the Delivery Date(s) and according to any specifications and/or conditions of performance specified in the Supplier Order Form. Unless Agency has agreed otherwise in writing, Supplier shall deliver the exact specified Deliverables and Services as specified in the Supplier Order Form. 5.2 Supplier shall meet, and time is of the essence in relation to, any performance timescales and/or Delivery Dates specified in the Supplier Order Form. 5.3 If Supplier fails to deliver the Work as required by clause

Delivery, Performance and Acceptance. Supplier agrees that all dates for Delivery of Material and Services are firm, time is of the essence, and Supplier will complete Delivery in strict conformance with the Specifications. After Delivery, SBC shall have a reasonable time to inspect and test the Material and/or Services, and acceptance shall not occur until the Material and/or Services are shown to strictly comply with the Specifications ("Acceptance").