Failure to Pass Acceptance Tests. In the event that City determines that the System fails to meet the standards set forth in the Acceptance Test Plan, City shall promptly report to Contractor each deficiency, and Contractor will correct the reproducible aspects of the problem or failure within [insert number] days from date of Contractor’s receipt of notice of the problem or failure. Problems or failures that do not re-occur or cannot be repeated by Contractor, or by the City in Contractor’s presence, shall not be considered a failure. In the event that Contractor cannot achieve System Acceptance within [insert number] days following the commencement of Acceptance Testing, Contractor shall be in default under this Agreement and, in addition to those remedies set forth in Section 6 entitled “Termination,” City is further entitled to a refund of all payments made to Contractor under this Agreement.
Failure to Pass Acceptance Tests. In the event that City determines that the System fails to meet the standards set forth in the Acceptance Test Plan, City shall promptly report to Contractor each deficiency, and Contractor will correct the reproducible aspects of the problem or failure within the number of days specified in the Appendix A of the Agreement, Purchase Order, and corresponding documents from date of Contractor’s receipt of notice of the problem or failure. Problems or failures that do not re-occur or cannot be repeated by Contractor, or by the City in Contractor’s presence, shall not be considered a failure. In the event that Contractor cannot achieve System Acceptance within the number of days specified in the Appendices of Agreement, Purchase Order, and Corresponding Documents following the commencement of Acceptance Testing, Contractor shall be in default under this Term Sheet and the Agreement and, in addition to those remedies set forth in Article 8 entitled “Termination and Default”, City is further entitled to a refund of all payments made to Contractor under the accompanying Purchase Order and the Agreement.
Failure to Pass Acceptance Tests. If, during the Acceptance Period, Genuity determines that the Port fails to meet the Acceptance Criteria, Genuity may notify Allegiance in writing of the manner of such failure. If, during the Acceptance Period, Genuity does not notify Allegiance that the Port has failed to meet the Acceptance Criteria, then said Port will be deemed to have been rejected. Upon any such failure, Genuity may re-submit the Port to Allegiance for correction. Notwithstanding the foregoing, during the ** day period following the first re-submission of the Port (the "Re-submission Period"), Allegiance will work diligently to repair or replace the Port, and will resubmit the Port to Genuity for additional acceptance testing as soon as practicable. Allegiance may attempt to repair or replace the Port as needed until the end of the Re-submission Period. At that time, if the Port continues to fail to meet the Acceptance Criteria, Allegiance will be deemed not to have fulfilled the Request for that Port, in which case, for each month that Allegiance is deemed not to have fulfilled the Request, Genuity shall offset against the ** an amount equal to the number of Ports ** multiplied by **. Allegiance will be solely responsible for the cost of all additional work necessary to cause the Port to comply with the Acceptance Criteria.
Failure to Pass Acceptance Tests. If you reasonably believe that all or some of the Deliverables do not meet the specifications and requirements set out in the relevant Order Form, you must clearly state in the notice given under clause 11.1(c)(iii) how the Deliverables do not meet those specifications and requirements.
Failure to Pass Acceptance Tests. In the event that City determines that the Programs or System fail to meet the standards set forth in the Acceptance Test Plan, City shall promptly report to Contractor each deficiency, and Contractor will correct the reproducible aspects of the problem or failure within 10 days from date of Contractor’s receipt of notice of the problem or failure. Problems or failures that do not re-occur or cannot be repeated by Contractor, or by the City in Contractor’s presence, shall not be considered a failure. In the event that Contractor cannot achieve System Acceptance within 25 days following the commencement of Acceptance Testing, Contractor shall be in default under this Agreement and, in addition to those remedies set forth in Xxxxxxx 00, Xxxxxxx, Xxxx is further entitled to a refund of all payments made to Contractor under this Agreement.
Failure to Pass Acceptance Tests. In the event that City determines that the System fails to meet the standards set forth in the Acceptance Test Plan, City shall promptly report to Contractor each deficiency, and Contractor will correct the reproducible aspects of the problem or failure within one Sprint from date of Contractor’s receipt of notice of the problem or failure. Problems or failures that do not re-occur or cannot be repeated by Contractor, or by the City in Contractor’s presence, shall not be considered a failure. In the event that Contractor cannot achieve System Acceptance within oneSprint following the commencement of Acceptance Testing, Contractor shall be in default under this Agreement and, in addition to those remedies set forth in Article 8 entitled “Termination and Default” City is further entitled to a refund of all payments made to Contractor under this Agreement.
