Failure of Acceptance Testing Sample Clauses

Failure of Acceptance Testing. If [OMITTED] notifies Licensor that -------------------------------- the Software or any portion thereof fails to pass Acceptance Testing, Licensor will correct all deficiencies not later than ten (10) calendar days after receipt of [OMITTED] notice of such failure. Within thirty (30) calendar days after such corrections have been made, [OMITTED] will retest the Software. If the Software still fails Acceptance Testing, [OMITTED] may, in its sole discretion: (i) grant Licensor additional time to correct the outstanding deficiencies; or (ii) without prejudice to any of [OMITTED] other rights and remedies under this Agreement or at law or in equity, terminate this Agreement, in which event [OMITTED] promptly will return or destroy all copies of the Software and Licensor will refund promptly any License Fees, Maintenance Fees or other consideration paid to Licensor thereunder.
Sample 1
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Failure of Acceptance Testing. If Company notifies Consultant that the relevant Services or deliverables or any portion thereof fail to pass any material requirement of Acceptance Testing, Consultant will correct all such deficiencies within such time as is reasonable in light of the nature of the defect or non-conformity and its effect on Company's operations, as reasonably determined by the parties, or as otherwise set forth in the Task Order, but no less than (10) calendar days after receipt of Company's notice of such failure. Except as agreed by the parties in writing, no more than ten (10) calendar days after such corrections have been made, Company will retest the relevant Services or deliverables. If the Services or deliverables still fail any material requirement of Acceptance Testing, Company may, in its sole discretion: (A) grant Consultant additional time to correct the outstanding deficiencies; or (B) without prejudice to any of Company's other rights and remedies under the Agreement or at law or in equity, terminate the relevant Task Order or the Agreement and receive a refund from Consultant of any fees paid to Consultant for work which has been rejected under this Section..
Sample 1
Failure of Acceptance Testing. If a Software Deliverable fails Software Acceptance Testing or a Document Deliverable does not conform to its Document Deliverable Requirements, pursuant to Section 2.1 or Section 2.2 respectively, then Federal-Mogul shall be entitled, at its option, to either:
Sample 1
Failure of Acceptance Testing. If ADP rejects the Deliverables pursuant to subsection (f) above, then neither ADP nor Sagent shall have any further obligation to the other with regard to the Deliverables.
Sample 1
Failure of Acceptance Testing. If Client notifies GMS that the relevant Services and/or deliverables (or portion of them) do not satisfy the relevant Acceptance Criteria, GMS shall correct all non-compliance not later than ten (10) days (unless otherwise agreed) from the date of such notification. After such corrections have been made, Client shall have a further ten (10) days, or such additional period of time Client may reasonably require, to re-test the relevant Services and/or deliverables (or portion of them). If, following re-testing, they still do not satisfy the relevant Acceptance Criteria, Client may, in its sole discretion: (i) grant GMS additional time to correct the outstanding non-compliance, following which Client shall re-test again; or (ii) reject the relevant Services and/or deliverables (or portion of them) that have failed Acceptance Testing, together with any other Services and/or deliverables provided pursuant to the same Disentanglement Transition Plan (even if they have already passed Acceptance Testing) that, as a result, cannot be used as intended. Such failure shall be a material breach of the applicable Statement of Work.
Sample 1

Related to Failure of Acceptance Testing

  • 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.

  • Technical Specifications The Technical Specifications furnished on the CD are intended to establish the standards for quality, performance and technical requirements for all labor, workmanship, material, methods and equipment necessary to complete the Work. When specifications and drawings are provided or referenced by the County, these are to be considered part of the Scope of Work, and to be specifically documented in the Detailed Scope of Work. For convenience, the County supplied specifications, if any, and the Technical Specifications furnished on the CD.

  • 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

  • Project Plan Development of Project Plan Upon the Authorized User’s request, the Contractor must develop a Project Plan. This Project Plan may include Implementation personnel, installation timeframes, escalation procedures and an acceptance plan as appropriate for the Services requested. Specific requirements of the plan will be defined in the RFQ. In response to the RFQ, the Contractor must agree to furnish all labor and supervision necessary to successfully perform Services procured from this Lot. Project Plan Document The Contractor will provide to the Authorized User, a Project Plan that may contain the following items: • Name of the Project Manager, Contact Phone Numbers and E-Mail Address; • Names of the Project Team Members, Contact Phone Numbers and E-Mail Address; • A list of Implementation milestones based on the Authorized User’s desired installation date; • A list of responsibilities of the Authorized User during system Implementation; • A list of designated Contractor Authorized Personnel; • Escalation procedures including management personnel contact numbers; • Full and complete documentation of all Implementation work; • Samples of knowledge transfer documentation; and • When applicable, a list of all materials and supplies required to complete the Implementation described in the RFQ. Materials and Supplies Required to Complete Implementation In the event that there are items required to complete an Implementation, the Contractor may request the items be added to its Contract if the items meet the scope of the Contract. Negotiation of Final Project Plan If the Authorized User chooses to require a full Project Plan, the State further reserves the right for Authorized Users to negotiate the final Project Plan with the apparent RFQ awardee. Such negotiation must not substantively change the scope of the RFQ plan, but can alter timeframes or other incidental factors of the final Project Plan. The Authorized User will provide the Contractor a minimum of five (5) business days’ notice of the final negotiation date. The Authorized User reserves the right to move to the next responsible and responsive bidder if Contractor negotiations are unsuccessful.

  • 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

  • Commissioning Commissioning tests of the Interconnection Customer's installed equipment shall be performed pursuant to applicable codes and standards. If the Interconnection Customer is not proceeding under Section 2.3.2, the Utility must be given at least ten (10) Business Days written notice, or as otherwise mutually agreed to by the Parties, of the tests and may be present to witness the commissioning tests.

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