Common use of Failure of Acceptance Test Clause in Contracts

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. 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 PAGE 2 OF 5 time any modifications in of the Software as will permit the Software are available to be ready for retesting no later than tenany of Licensor’s customers.