Failure of Acceptance Test Sample Clauses

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.
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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
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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.
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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 Software into escrow pursuant to any Escrow Agreement executed by the parties and which may be appended hereto. Licensor shall improve, add to, or otherwise modify the source code prior to or at the time any modifications of the Software are available to any of Licensor’s customers.
Sample 1
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.
Sample 1
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,
Sample 1
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.
Sample 1
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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.
Sample 1

Related to Failure of Acceptance Test

  • Acceptance Tests 11.1 If the Contract provides acceptance tests for Goods and/or the result of Services after their completion and/or delivery to the Purchaser, the acceptance shall only be considered as definitive when such tests have demonstrated the compliance of the Goods and/or the result of the Services to the requirements in the Contract. 11.2 Where the Contract provides for an acceptance procedure in the presence of both parties, at the successful completion of such procedure, the Purchaser shall issue the Supplier with an acceptance certificate which shall authorise the Supplier to invoice the Purchaser for any payment due on such acceptance. 11.3 The Purchaser shall at its discretion be entitled to issue and acceptancecertificate with reserves. The Supplier shall be obliged to remedy any non-conformities within the period set out in the acceptance certificate. Any payment which would otherwise have been due on acceptance may be withheld by the Purchaser in whole or part until the non- conformities underlying the reserves have been remedied.

  • Acceptance Testing At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters.

  • Inspection; Acceptance The Contractor (immixTechnology, Inc.) can only, and shall only tender for acceptance those items that substantially conform to the software manufacturer’s (“Qualtrics”) published specifications. Therefore, items delivered shall be considered accepted upon delivery. The Government reserves the right to inspect or test any supplies or services that have been delivered. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-(1) Within the warranty period; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

  • Payment Does Not Imply Acceptance of Work The granting of any payment by City, or the receipt thereof by Contractor, shall in no way lessen the liability of Contractor to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work, equipment or materials may not have been apparent or detected at the time such payment was made. Materials, equipment, components, or workmanship that do not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Contractor without delay.

  • CONTRACT ACCEPTANCE By acceptance of this order, Xxxxxx agrees that the scope of the work required is understood by Xxxxxx; that there are no informal commitments by Buyer that in any way affect the work under this order; that there are no open or unresolved issues related to this order except as explicitly stated herein; and that Xxxxxx therefore understands and agrees that this order states the complete agreement of the parties. CAS requirements do not apply if the order does not exceed $650,000 or if the Seller claims an exemption per the Proposal Representation and Certification, or if certified cost or pricing data was not provided.

  • Standard Work Week The standard work week for full-time employees covered by this Agreement shall be forty (40) hours, exclusive of the time allotted for meal periods, consisting of five (5) consecutive work days followed by two (2) consecutive days off. The week shall commence with the shift that includes 12:01 A.M. Sunday of each calendar week and end at the start of the shift that includes 12:00 midnight the following Saturday. The Employer retains the right to modify the work schedules to meet operational needs.

  • Notice of Acceptance Notice of each Offeree’s intention to accept, in whole or in part, any Offer made shall be evidenced by a writing signed by such Offeree and delivered to the Company prior to the end of the 20-day period of such offer, setting forth such of the Offeree’s Basic Amount as such Offeree elects to purchase and, if such Offeree shall elect to purchase all of its Basic Amount, such Undersubscription Amount as such Offeree shall elect to purchase (the “Notice of Acceptance”). If the Basic Amounts subscribed for by all Offerees are less than the total Offered Securities, then each Offeree who has set forth Undersubscription Amounts in its Notice of Acceptance shall be entitled to purchase, in addition to the Basic Amounts subscribed for, all Undersubscription Amounts it has subscribed for; provided, however, that should the Undersubscription Amounts subscribed for exceed the difference between the Offered Securities and the Basic Amounts subscribed for (the “Available Undersubscription Amount”), each Offeree who has subscribed for any Undersubscription Amount shall be entitled to purchase only that portion of the Available Undersubscription Amount as the Undersubscription Amount subscribed for by such Offeree bears to the total Undersubscription Amounts subscribed for by all Offerees, subject to rounding by the Board of Directors to the extent it reasonably deems necessary.

  • Technical Specifications and Drawings a) The Goods and Related Services supplied under this Contract shall conform to the technical specifications and standards mentioned in Section VI, Schedule of Requirements and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the Goods' country of origin. b) The Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Procuring Entity, by giving a notice of such disclaimer to the Procuring Entity. c) Wherever references are made in the Contract to codes and standards in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the Schedule of Requirements. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Procuring Entity and shall be treated in accordance with GCC Clause 33.

  • Order Acceptance Xxxxxxx’x acceptance of the Order and consequent agreement to the Contract by either: (a) delivering the Goods, Services, or Digital Services; or

  • PRODUCT ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor in the Authorized User Agreement, Authorized User(s) shall have sixty (60) days from the date of delivery to accept all Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Title or other property interest and risk of loss shall not pass from Contractor to the Authorized User until the Products have been accepted. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty

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