Failure of Acceptance Test. (09/17) The City will notify Contractor if a Deliverable or a portion of a Deliverable fails to pass an Acceptance Test and will specify in reasonable detail the identified failures and possible reasons for failure. After City’s notification, Contractor shall correct the failure within ten (10) Business Days and notify the City that the correction has been completed. After Contractor’s correction notification, the City shall perform a second Acceptance Test. If the Deliverable or portion of the Deliverable fails to pass the second Acceptance Test, the City shall notify Contractor in writing, and the City may, in its sole discretion: (a) terminate this Contract with no further liability; (b) require Contractor to replace the Deliverable or defective portion of the Deliverable at no additional cost to the City, (c) require Contractor to make further corrections to prepare for retesting again; (d) Accept the Deliverable at a reduced cost to be negotiated between the Parties; or (e) issue an Acceptance Certificate for an “Acceptance with Exception(s)” in accordance with Sections 9.3.1 and 9.3.2.
9.3.1 If the City issues an Acceptance Certificate for an “Acceptance with Exception(s)” the City will list the exception(s) and the date for Contractor’s correction of the Error(s). If Error(s) are corrected by the listed date(s) the City agrees to commence further Acceptance Testing of the Deliverable or affected portion(s). If the Deliverable passes the Acceptance Tests, the City will issue an Acceptance Certificate.
9.3.2 If a Deliverable fails a second or subsequent Acceptance Test (or in the event of a single Acceptance Test, the Acceptance Test) in no event shall there be an increase to the original price agreed to by the Parties for the Deliverable.
Failure of Acceptance Test. Retesting. If, in Customer’s sole discretion, Customer determines that the Software has not successfully completed the acceptance test, Customer shall promptly notify Licensor in writing (hereafter, “first notice of failure”) and shall specify with as much detail as possible in which respects the Software failed to pass the acceptance test. At Customer’s option, Customer can either terminate the Agreement at that point (in which case the provisions of subsection C of this section shall apply) or request Licensor to make such necessary corrections and modifications in the Software as will permit the Software to be ready for retesting no later than ten
Failure of Acceptance Test. If Acceptance Tests identify any Non-Conformities, Partner, at Partner's sole cost and expense, shall remedy all such Non-Conformities and re-deliver the Deliverable(s), in accordance with the applicable Requirements as promptly as commercially possible and, in any case, within 7 days following, as applicable, its:
(i) completion of such Acceptance Tests, in the case of Acceptance Tests conducted by Partner; or
(ii) Builder's communication identifying any Non-Conformities, in the case of Acceptance Tests conducted by Builder.
Failure of Acceptance Test. (09/17) The City will notify Contractor if a Deliverable or a portion of a Deliverable fails to pass an Acceptance Test and will specify in reasonable detail the identified failures and possible reasons for failure. After City’s notification, Contractor shall correct the failure within ten (10) Business Days and notify the City that the correction has been completed. After Contractor’s correction notification, the City shall perform a second Acceptance Test. If the Deliverable or portion of the Deliverable fails to pass the second Acceptance Test, the City shall notify Contractor in writing, and the City may, in its sole discretion: (a) terminate this Contract with no further liability; (b) require Contractor to replace the Deliverable or defective portion of the Deliverable at no additional cost to the City,
Failure of Acceptance Test. If Customer determines that it cannot issue a Certificate of Acceptance for the Product(s), due to a Priority 0 or Priority 1 issue, Customer shall notify Vendor in writing, specifying in reasonable detail the respects in which the Product(s) failed to pass the Acceptance Test. Vendor shall, within ten (10) business days, correct or modify the Product(s). Upon notice of completion, Customer shall commence a second Acceptance Test. If Customer's determines that it cannot issue a Certificate of Acceptance for the Product(s) based on the second Acceptance Test, Customer shall notify Vendor in writing, and may, at its election:(A) terminate the applicable Maintenance Request, with no further liability; or (B) request Vendor to reprogram or make corrections as necessary to prepare for retesting again.
Failure of Acceptance Test. If the City determines, based on the original Business Requirements of the Order, that it cannot issue Acceptance for the Product/Work, City shall notify the Contractor in writing, specifying in reasonable detail the respects in which the Product/Work failed to pass the Acceptance Test. Contractor shall, within ten (10) Business Days, correct or modify the Product/Work in such way that the Acceptance Test shall be successful. Upon notice of completion, City shall commence a second Acceptance Test. If City determines that it cannot issue a Certificate of Acceptance for the Product/Work based on the second Acceptance Test, City shall notify the Contractor in writing, and may, at its election: (a.) terminate the applicable Order, with no further liability; (b.) request Contractor to re-perform the Work at no additional cost to the City, or make corrections as necessary to prepare for retesting again, or (c.) may accept the Work completed notwithstanding the failed Acceptance test at a reduced cost subject to 3.1.3 below.
Failure of Acceptance Test. Retesting. If, in Customer’s sole discretion, Customer determines that the Software has not successfully completed the acceptance test, Customer shall promptly notify Licensor in writing (hereafter, “first notice of failure”) and shall specify with as much detail as possible in which respects the Software failed to pass the acceptance test. At Customer’s option, Customer can either terminate the Agreement at that point (in which case the provisions of subsection C of this section shall apply) or request Licensor to make such necessary corrections and modifications in the Software as will permit the Software to be ready for retesting no later than ten (10) business days from the date of receipt of Customer’s first notice of failure. Licensor shall notify Customer when such corrections and modifications have been made, and Customer shall commence retesting the Software and complete such retesting as quickly as possible. If, in Customer’s sole discretion, the Software still fails to pass the acceptance test, Customer shall promptly notify Licensor in writing, and shall have the right, at its option, to terminate the Agreement by giving written notice of such termination to Licensor.
Failure of Acceptance Test. Retesting. If, in Customer’s sole discretion, Customer determines that the Software has not successfully completed the acceptance test, Customer shall promptly notify Licensor in writing (hereafter, “first notice of failure”) and shall specify with as much detail as possible in which respects the Software failed to pass the acceptance test. At Customer’s option, Customer can either terminate the Agreement at that point (in which case the provisions of subsection C of this section shall apply) or request Licensor to make such necessary corrections and modifications in the Software as will permit the time any modifications of the Software are available to any of Licensor’s customers.
