Common use of FAILURE TO MEET STANDARD OF PERFORMANCE Clause in Contracts

FAILURE TO MEET STANDARD OF PERFORMANCE. If the services and materials do not meet the Standard of Performance during the first period of Acceptance Testing, Purchaser at its sole option may continue on a day-to-day basis until the Standard of Performance has been met, or terminate the Purchase Order/SOW without penalty, or demand replacement materials or services and/or corrections from the Contractor at no additional cost and continue the Acceptance Testing for an additional fifteen (15) consecutive calendar days after receipt of replacement materials. Purchaser’s option to terminate the Purchase Order/SOW shall remain in effect until exercised or until such time as the Acceptance Testing is successfully completed. Contractor shall pay all costs related to the preparation and shipping of materials returned pursuant to this section. Purchaser’s option to declare Contractor in breach and terminate this Order shall not be waived by Purchaser’s decision to continue Acceptance Testing beyond the delineated testing period.

FAILURE TO MEET STANDARD OF PERFORMANCE. If the services and materials do not meet the Standard of Performance during the first period of Acceptance Testing, Purchaser at its sole option may continue on a day-to-day day‐to‐day basis until the Standard of Performance has been met, or terminate the Purchase Order/SOW without penalty, or demand replacement materials or services and/or corrections from the Contractor at no additional cost and continue the Acceptance Testing for an additional fifteen (15) consecutive calendar days after receipt of replacement materials. Purchaser’s option to terminate the Purchase Order/SOW shall remain in effect until exercised or until such time as the Acceptance Testing is successfully completed. Contractor shall pay all costs related to the preparation and shipping of materials returned pursuant to this section. Purchaser’s option to declare Contractor in breach and terminate this Order shall not be waived by Purchaser’s decision to continue Acceptance Testing beyond the delineated testing period.