Common use of Initial Acceptance Clause in Contracts

Initial Acceptance. Following submission to Nextel, Nextel or an Affiliate of Nextel may perform initial acceptance testing to determine whether the Preload Digital Item is interoperable with both the Systems and the Devices. Company acknowledges that any Digital Item selected for Preload on a new Device may need several iterations of testing as new Device software versions are finalized. Such initial acceptance testing, including whether Initial Acceptance (as defined below) is achieved, shall be at Nextel’s or such Affiliate’s sole discretion. Upon completion of initial acceptance testing, Nextel or such Affiliate shall notify Company in writing of either: (1) Initial acceptance of the Preload Digital Item(s) (“Initial Acceptance”); or (2) Any problems or issues with the Preload Digital Item(s). Should the Preload Digital Item not receive Initial Acceptance and Nextel notes problems or issues therewith, Company shall recommence the above-procedures regarding initial acceptance testing.

Appears in 3 contracts

Samples: Digital Item License and Distribution Agreement (Glu Mobile Inc), Digital Item License and Distribution Agreement (Dwango North America Corp), Digital Item License and Distribution Agreement (Glu Mobile Inc)

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Initial Acceptance. Following submission to Nextel, Nextel or an Affiliate of Nextel may perform initial acceptance testing to determine whether the Preload Digital Item is interoperable with both the Systems and the Devices. Company acknowledges that any Digital Item selected for Preload on a new Device may need several iterations of testing as new Device software versions are finalized. Such initial acceptance testing, including whether Initial Acceptance (as defined below) is achieved, shall be at Nextel’s or such Affiliate’s sole discretion. Upon completion of initial acceptance testing, Nextel or such Affiliate shall notify Company in writing of either: (1) Initial acceptance of the Preload Digital Item(s) (“Initial Acceptance”); or (2) Any problems or issues with the Preload Digital Item(s). Should the Preload Digital Item not receive Initial Acceptance and Nextel notes problems or issues therewith, Company shall recommence the above-procedures regarding initial acceptance testing.

Appears in 1 contract

Samples: Digital Item License and Distribution Agreement (Dwango North America Corp)

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