EVALUATION AND ACCEPTANCE PROCEDURE Clause Samples
EVALUATION AND ACCEPTANCE PROCEDURE. 5.1 Delivery shall be made in accordance with the solicitation specifications. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The University reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Upon completion and delivery of each deliverable by Contractor, UBalt will begin the evaluation and acceptance process, which shall include, but not be limited to, the steps described below. Payments, in accordance with Section 2 of this Contract will be based on the completion/delivery of a deliverable by Contractor and acceptance by UBalt of each deliverable. Contractor will demonstrate to UBalt that the deliverable has been completed or has occurred and will provide UBalt with written notice of the same. If applicable, the materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced. The University reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.
5.2 Within the time period specified in the Contract including any Contract Amendments/Modifications, or if not specified, then within five (5) business days of receipt by UBalt of a scheduled deliverable from Contractor, UBalt shall determine whether such deliverable Materially Conforms to the specifications defined in the Contract. As used herein, the term "Materially Conforms" means that the deliverable is ready to be used in production and meets or exceeds its intended functionality and performance. If the deliverable Materially Conforms to the specifications, then UBalt will provide written confirmation to Contractor that the deliverable is accepted.
EVALUATION AND ACCEPTANCE PROCEDURE. 3.1 Upon completion and delivery of each deliverable by Contractor, PGCC will begin the evaluation and acceptance process, which shall include, but not be limited to, the steps described below. Payments, in accordance with Section 3 of this Contract will be based on the completion/delivery of a deliverable by Contractor and acceptance by PGCC of each deliverable. Contractor will demonstrate to PGCC that the deliverable has been completed or has occurred and will provide PGCC with written notice of the same.
3.2 Within the time period specified in the Contract including any Contract Amendments, or if not specified, then within five (5) business days of receipt by PGCC of a scheduled deliverable from Contractor, PGCC shall determine whether such deliverable Materially Conforms to the specifications defined in the Contract. As used herein, the term "Materially Conforms" means that the deliverable is ready to be used in production and meets or exceeds its intended functionality and performance. If the deliverable Materially Conforms to the specifications, then PGCC will provide written confirmation to Contractor that the deliverable is accepted.
EVALUATION AND ACCEPTANCE PROCEDURE. This section is applicable if a Task Order Contract or Purchase Order includes tangible work products identified as Deliverables per Section 6.6 above or may otherwise be negotiated between Contractor and MEEC Buying Member.
8.1 Upon completion and delivery of each Deliverable for the Task Order/Purchase by CONTRACTOR, MEEC Buying Member will begin the evaluation and acceptance process, which shall include, but not be limited to, the steps described below. Payments, in accordance with Section 8 of this Agreement will be based on either (i) the completion/ delivery of a Deliverable for a given Task Order/Purchase by CONTRACTOR and acceptance by MEEC Buying Member of each Task Order/Purchase Deliverable or (ii) as provided for the specific assignment. CONTRACTOR will demonstrate to MEEC Buying Member that the Task Order/Purchase Deliverable has been completed or has occurred and will provide MEEC Buying Member with written notice of the same.
8.2 Within the time period specified, or if not specified, then within thirty (30) business days of receipt by MEEC Buying Member of a scheduled task order/purchase Deliverable from CONTRACTOR, MEEC Buying Member shall determine whether such Deliverable Materially Conforms to the specifications defined in this Agreement. As used herein, the term "Materially Conforms" means that the Deliverable is ready to be used in production and meets or exceeds its intended functionality and performance. If the Deliverable Materially Conforms to the specifications, then MEEC’s Buying Member’s Project Coordinator will provide written confirmation to CONTRACTOR that the Deliverable is accepted.
8.3 If the Deliverable does not Materially Conform, MEEC’s Buying Member’s Project Coordinator will immediately notify CONTRACTOR with a written list of deficiencies. CONTRACTOR, at no additional cost to MEEC Buying Member, shall thereafter make all appropriate and necessary fixes to the Deliverable and return it to MEEC Buying Member within the time period specified, or if not specified, then within ten (10) business days for further testing by MEEC Buying Member or time frame agreed to in writing by MEEC’s Buying Member’s Project Coordinator. If the Deliverable again fails to Materially Conform then this same process will be repeated one more time. If the Deliverable fails to Materially Conform to the specifications after delivery for the second time then MEEC Buying Member may, at its sole option, declare CONTRACTOR in material breach of the ...