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.
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