Failure to Achieve Acceptance. Unless, as of the last day of the Extension Period, Acceptance has been achieved, an Event of Default by the Design-Builder will be deemed to have occurred under Section 8.2 (Events of Default by the Design-Builder) notwithstanding any absence of notice, further cure opportunity or other procedural rights accorded the Design-Builder thereunder, and the Owner shall thereupon have the right to terminate this Design-Build Agreement upon written notice to the Design-Builder. The Owner’s right of termination under this Section shall apply notwithstanding any interim operations. Upon any such termination, the Owner shall have all of the rights provided in Article 8 (Breach, Default, Remedies and Termination) upon a termination of the Design-Builder for cause.
Failure to Achieve Acceptance. Except to the extent excused due to the occurrence of Uncontrollable Circumstances, the failure of the Design-Builder to achieve Acceptance prior to the end of the Extension Period as provided in Section 4.8 (Failure to Achieve Acceptance);
Failure to Achieve Acceptance. In the event Acceptance is not achieved within *** following delivery of a Deliverable, or components thereof, to Southwest, Southwest shall be entitled, at its election to *** *** Confidential treatment requested.
Failure to Achieve Acceptance. If Acceptance is not achieved within *** days after the scheduled date for Acceptance set forth in the applicable Implementation Workplan or Test Plan, unless such failure to achieve Acceptance was caused by an Acceptance Excuse, MetroPCS shall have the right at its sole option to: (a) accept the Product, subject to Supplier’s obligation to correct any then-remaining Defects as part of its Support and Maintenance Services obligations; (b) declare an Event of Default (in which event the terms of Article 11 shall apply); and/or (c) return the Product to Supplier and receive from Supplier a full refund of all monies paid respecting the applicable Product. Notwithstanding the foregoing, if Acceptance is not achieved within *** days after the scheduled date for Acceptance set forth in the applicable Implementation Workplan or Test Plan (each of the following events constitutes an “Acceptance Excuse”): (d) primarily due to the occurrence of a Force Majeure Event; (e) by mutual written agreement of the parties; or (f) as a direct result of MetroPCS’ sole failure to perform material obligations under the Agreement and designated as a MetroPCS obligation, provided that such failure and its likely impact on Supplier’s ability to timely achieve Acceptance timely was identified sufficiently in advance by Supplier in a status report or other written notice to MetroPCS, the Acceptance date shall be extended automatically on a day-for-day basis to the extent reasonably needed solely to account for the period of delay directly caused by the Acceptance Excuse.
Failure to Achieve Acceptance. Unless, as of the last day of the Extension Period, Acceptance has been achieved in accordance with this Article, an Event of Default by the DBOM Contractor shall be deemed to have occurred under Section 17.2 (Events of Default by the DBOM Contractor) notwithstanding any absence of notice, further cure opportunity or other procedural rights accorded the DBOM Contractor thereunder, and the BWS shall thereupon have the right to terminate this Service Agreement upon written notice to the DBOM Contractor. Upon any such termination, the BWS shall have all of the rights provided in Article 17 (Breach, Default, Remedies and Termination) upon a termination of the DBOM Contractor for cause.
Failure to Achieve Acceptance. Except to the extent excused due to the occurrence of Uncontrollable Circumstances, the failure of the DBOM Contractor to Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 17 - Breach, Default, Remedies and Termination achieve Acceptance prior to the end of the Extension Period as provided in Section 9.6 (Failure to Achieve Acceptance);
Failure to Achieve Acceptance. In the event that Pre-live Acceptance of a Software Component or a particular Deliverable or System as a whole, or Post-live Acceptance of such Deliverable or System as a whole, is not achieved within a reasonable period of time after commencement of Pre-live Testing or the Go Live Date, as applicable (such periods not to exceed one hundred eighty (180) and one hundred twenty (120) consecutive calendar days, respectively), or in the event that the process described in Section 7.3 with respect to any material Deliverable is not completed within one hundred twenty (120) consecutive calendar days after the Commonwealth and Vendor first commences review and testing of such Deliverable, the Commonwealth shall have the right to declare such failure a Default and to seek the rights and remedies available to it under Section 16 hereof.
Failure to Achieve Acceptance. In the event that Pre-live Acceptance or Post-live Acceptance, as applicable, of a Software Component, or of all of the Software Components that constitute the System, is not achieved within a reasonable period of time after commencement of Pre-live Testing (with respect to Pre-live Acceptance) or the Go Live Date (with respect to Post-live Acceptance), which periods of time shall not exceed ninety (90) and one hundred twenty (120) consecutive calendar days, respectively, or in the event that the process described in Section 13.3 with respect to any material Deliverable is not completed within ninety (90) consecutive calendar days, the Board shall have the right to terminate this Agreement pursuant to Section 16.2.2 and seek the rights and remedies available to the Board under ARTICLE 16 hereof.
Failure to Achieve Acceptance. If Product Acceptance, Installation Acceptance or Project Acceptance, as applicable, is not achieved within thirty (30) calendar days after the scheduled date for Product Acceptance, Installation Acceptance or Project Acceptance set forth in the applicable Implementation Workplan or test plan, at is option in its sole discretion, Allegiance shall either: (a) accept the Product or project, subject to Lucent's obligation to correct any then-remaining Defects as part of its Support and Maintenance Services obligations; or (b) declare an Event of Default and, at its option, seek the rights and remedies available to it under ARTICLE 11.
Failure to Achieve Acceptance. If the Company has not achieved Acceptance by the last day of the Extension Period, then an Event of Default by the Company will be deemed to have occurred under Section 7.2 (Events of Default by the Company) notwithstanding any absence of notice, further cure opportunity or other procedural rights accorded the Company thereunder, and SRWA shall thereupon have the right to terminate this Contract upon written notice to the Company. Upon any such termination, SRWA shall have all of the rights provided in Article 7 (Breach, Default, Remedies and Termination) upon a termination of the Company for cause. OPERATIONS TRAINING BY COMPANY. During the start-up and Acceptance period and continuing for 30 days after the Acceptance Date, the Company shall provide training to SRWA and its operations staff concerning the operation, maintenance, and management of the Regional Water Facilities and related equipment. The scope and type of the training is described in Appendix 7 (Pre-Acceptance and Acceptance Testing Requirements). COMMENCE SRWA PROJECT OPERATIONS. Commencing on the Acceptance Date, SRWA and its operations staff shall begin the use, operation and management of the Regional Water Facilities and other Project facilities, including payment by SRWA of the Project operation-related costs and expenses (e.g., power, chemicals, and other consumables). Accepting and assuming Project operations shall not affect any of SRWA’s rights and remedies under this Contract, the Performance Bond, or Applicable Law.
