Common use of Final Acceptance Testing Clause in Contracts

Final Acceptance Testing. There shall be a testing period during which we shall determine whether the System or a Service: (i) properly functions on the Equipment and with any applicable operating software; (ii) provides the capabilities as stated in this Agreement and in the Documents; and (iii) to the extent stated, meets the acceptance criteria. In the event of a conflict between the acceptance criteria and the Documents, the Acceptance criteria shall prevail. 3.1 The testing period shall commence on the first Business Day after you have informed us in writing that you have completed the System, a Service or Deliverables required to be performed prior to testing and that the System or a Service are ready for testing, and the testing period shall continue for a period of up to thirty (30) days. 3.2 During the testing period, we may notify you in writing of any error or defect in the System so that you may make any required modifications or repairs. If you so elect in writing, testing will cease until you resubmit for final Acceptance testing, at which time the testing period shall be reset to that of a first submission for testing. 3.3 We shall notify you in writing of your final Acceptance or rejection of the System or a Service, or any part thereof, within fifteen (15) days after the end of the testing period, or as same may be extended by us. If we reject the System, a Service or any part thereof, we shall provide notice identifying the criteria for final Acceptance that the System or a Service, failed to meet. Following such notice, you shall have thirty (30) days to (a) modify, repair, or replace the System, Services or any portion thereof, or (b) otherwise respond to our notice. If you modify, repair, or replace the System, a Service or any portion thereof, the testing period shall re-commence consistent with the procedures set forth above in this section. 3.4 In the event you fail to remedy the reason(s) for our rejection of the System, a Service or any portion thereof, within thirty (30) days after our initial notice of rejection, we may elect, in writing, to either accept the System or a Service as it then exists or to reject the System or a Service and terminate the Agreement. 3.5 If we elect to accept the System or a Service as it then exists (partial acceptance), you shall continue to use your best efforts to remedy the items identified in the applicable notice of rejection. If, despite such continuing best efforts, you fail to remedy the issue(s) identified by us within a reasonable time as determined by us, then we shall be entitled at our sole option, to a refund of the sums paid to you or to deduct from future sums due under the Agreement the value of the rejected portion of the System or a Service as mutually determined by the parties. If the parties cannot agree upon such value, we shall have the right to reject the System or a Service and to terminate the Agreement on the terms stated above in this paragraph. 3.6 We shall have final say on: i) criteria for Acceptance Test; and ii) whether you have passed any phase of the Acceptance Test procedure, including Final Acceptance.

Final Acceptance Testing. There shall be a testing period during which we shall determine whether the System or a Service: (i) properly functions on the Equipment and with any applicable operating software; (ii) provides the capabilities as stated in this Agreement and in the Documents; and (iii) to the extent stated, meets the acceptance criteria. In the event of a conflict conflict between the acceptance criteria and the Documents, the Acceptance criteria shall prevail. 3.1 1. The testing period shall commence on the first first Business Day after you have informed us in writing that you have completed the System, a Service or Deliverables required to be performed prior to testing and that the System or a Service are ready for testing, and the testing period shall continue for a period of up to thirty (30) days. 3.2 2. During the testing period, we may notify you in writing of any error or defect in the System so that you may make any required modifications modifications or repairs. If you so elect in writing, testing will cease until you resubmit for final final Acceptance testing, at which time the testing period shall be reset to that of a first first submission for testing. 3.3 3. We shall notify you in writing of your final final Acceptance or rejection of the System or a Service, or any part thereof, within fifteen fifteen (15) days after the end of the testing period, or as same may be extended by us. If we reject the System, a Service or any part thereof, we shall provide notice identifying the criteria for final final Acceptance that the System or a Service, failed to meet. Following such notice, you shall have thirty (30) days to (a) modify, repair, or replace the System, Services or any portion thereof, or (b) otherwise respond to our notice. If you modify, repair, or replace the System, a Service or any portion thereof, the testing period shall re-commence consistent with the procedures set forth above in this section. 3.4 4. In the event you fail to remedy the reason(s) for our rejection of the System, a Service or any portion thereof, within thirty (30) days after our initial notice of rejection, we may elect, in writing, to either accept the System or a Service as it then exists or to reject the System or a Service and terminate the Agreement. 3.5 5. If we elect to accept the System or a Service as it then exists (partial acceptance), you shall continue to use your best efforts efforts to remedy the items identified identified in the applicable notice of rejection. If, despite such continuing best effortsefforts, you fail to remedy the issue(s) identified identified by us within a reasonable time as determined by us, then we shall be entitled at our sole option, to a refund of the sums paid to you or to deduct from future sums due under the Agreement the value of the rejected portion of the System or a Service as mutually determined by the parties. If the parties cannot agree upon such value, we shall have the right to reject the System or a Service and to terminate the Agreement on the terms stated above in this paragraph. 3.6 6. We shall have final final say on: i) criteria for Acceptance Test; and ii) whether you have passed any phase of the Acceptance Test procedure, including Final Acceptance.

Final Acceptance Testing. There shall be a testing period during which we shall determine whether the System or a ServiceSystem: (i) properly functions on the Equipment and with any applicable operating software; (ii) provides the capabilities as stated in this Agreement and in the Documents; and (iii) to the extent stated, meets the acceptance criteria. In the event of a conflict between the acceptance criteria and the Documents, the Acceptance acceptance criteria shall prevail. 3.1 . The testing period shall commence on the first Business Day after you have informed us in writing that you have completed the System, a Service or Deliverables required to be performed prior to testing and that the System or a Service are ready for testing, and the testing period shall continue for a period of up to thirty sixty (3060) days. 3.2 . During the testing period, we may notify you in writing of any error or defect in the System so that you may make any required modifications or repairs. If you so elect in writing, testing will cease until you resubmit for final Acceptance testing, at which time the testing period shall be reset to that of a first submission for testing. 3.3 . We shall notify you in writing of your final Acceptance or rejection of the System or a Service, or any part thereof, within fifteen thirty (1530) days after the end of the testing period, or as same may be extended by us. If we reject the System, a Service or any part thereof, we shall provide notice identifying the criteria for final Acceptance that the System or a Service, Service failed to meet. Following such notice, you shall have thirty (30) days to (a) modify, repair, or replace the System, Services Service or any portion thereof, or (b) otherwise respond to our notice. If you modify, repair, or replace the System, a Service or any portion thereof, the testing period shall re-commence consistent with the procedures set forth above in this section. 3.4 . In the event you fail to remedy the reason(s) for our rejection of the System, a Service or any portion thereof, within thirty (30) days after our initial notice of rejection, we may elect, in writing, to either accept the System or a Service as it then exists or to reject the System or a Service and terminate the Agreement. 3.5 . If we elect to accept the System or a Service as it then exists (partial acceptance), you shall continue to use your best efforts to remedy the items identified in the applicable notice of rejection. If, despite such continuing best efforts, you fail to remedy the issue(s) identified by us within a reasonable time as determined by us, then we shall be entitled at upon our sole option, to a refund of the sums paid to you or to deduct from future sums due under the Agreement the value of the rejected portion of the System or a Service as mutually determined by the parties. If the parties cannot agree upon such value, we shall have the right to reject the System or a Service and to terminate the Agreement on the terms stated above in this paragraph. 3.6 . We shall have final say on: i) criteria for Acceptance Test; and ii) whether you have passed any phase of the Acceptance Test procedure, including Final Acceptance.

Final Acceptance Testing. There shall be a testing period during which we the Government shall determine whether the System or a ServiceSystem: (i) properly functions on the Equipment and with any applicable operating software; (ii) provides the capabilities as stated in this Agreement and in the DocumentsDocumentation; and (iii) to the extent stated, meets the acceptance criteriaAcceptance Criteria. In the event of a conflict between the acceptance criteria Acceptance Criteria and the DocumentsDocumentation, the Acceptance criteria Criteria shall prevail. 3.1 . The testing period shall commence on the first Business Day business day after you have informed us the Government in writing that you have completed the System, a Service Services or Deliverables required to be performed prior to testing and that the System or a Service Services are ready for testing, and the testing period shall continue for a period of up to thirty (30) days. 3.2 . During the testing period, we Government may notify you in writing of any error or defect in the System so that you may make any required modifications or repairs. If you so elect in writing, testing will cease until you resubmit for final Acceptance testing, at which time the testing period shall be reset to that of a first submission for testing. 3.3 We . Government shall notify you in writing of your final Acceptance or rejection of the System or a ServiceServices, or any part thereof, within fifteen (15) days after the end of the testing period, or as same may be extended by usthe Government. If we reject Government rejects the System, a Service Services or any part thereof, we Government shall provide notice identifying the criteria for final Acceptance that the System or a Service, Services failed to meet. Following such notice, you shall have thirty (30) days to (a) modify, repair, or replace the System, Services or any portion thereof, or (b) otherwise respond to our Government’s notice. If you modify, repair, or replace the System, a Service System or any portion thereof, the testing period shall re-commence consistent with the procedures set forth above in this section. 3.4 . In the event you fail to remedy the reason(s) for our Government's rejection of the System, a Service or any portion part thereof, within thirty (30) days after our Government’s initial notice of rejection, we Government may elect, in writing, to either accept the System or a Service as it then exists or to reject the System or a Service and terminate the Agreement. 3.5 . If we elect Government elects to accept the System or a Service as it then exists (partial acceptance), you shall continue to use your best efforts to remedy the items identified in the applicable notice of rejection. If, despite such continuing best efforts, you fail to remedy the issue(s) identified by us Government within a reasonable time as determined by usGovernment, then we Government shall be entitled at our sole the Government’s option, to a refund of the sums paid to you or to deduct from future sums due under the Agreement the value of the rejected portion of the System or a Service Services as mutually determined by the parties. If the parties cannot agree upon such value, we Government shall have the right to reject the System or a Service Services and to terminate the Agreement on the terms stated above in this paragraph. 3.6 We . The Government shall have final say on: on i) criteria for Acceptance Test; and ii) whether you have passed any phase of the Acceptance Test procedure, including Final Acceptance.