Common use of Failure to Accept Clause in Contracts

Failure to Accept. In the event a party refuses to accept Tested Systems in accordance with this Section 8.2, any delay of a Launch Date resulting from such decision shall not preclude such party from exercising any right to terminate the Agreement pursuant to Section 13.1 unless such delay is caused by other factors within the refusing party’s reasonable control (e.g., failure to remedy Defects within those systems operated by the refusing party).

Appears in 4 contracts

Samples: Services Agreement (Chicago Mercantile Exchange Holdings Inc), Services Agreement (Nymex Holdings Inc), Services Agreement (Nymex Holdings Inc)

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