Common use of Installation and Acceptance Clause in Contracts

Installation and Acceptance. Unless specified or provided otherwise in the Ordering Document, Starfish will install and test the Solution in the Customer’s pre-production environment. Starfish shall notify Customer when Starfish’s installation and preliminary testing has been completed and the Solution is conforming to the specifications (the “Specification”) set forth in the “Solution Design Document”, which will be prepared by Starfish and accepted by Customer prior to the date on which Starfish notifies the Customer that the Solution has been installed in the Customer’s pre-production environment. The Customer shall have ten (10) business days after receipt of notice to test the Solution. Starfish will replace or repair the non-conforming Solution and notify Customer of the replacement or repair. The Customer shall have additional five (5) business day periods after receipt of notice to test the Solution, as replaced or repaired by Starfish. The Solution shall be deemed to be conforming to the Specifications and accepted by the Customer if the Customer does not notify Starfish in writing of a non-conformity prior to the expiration of a five (5) or ten (10) day period (as described above), as the case may be. The “Acceptance Date” shall be the earlier of such date that the Customer affirmatively accepts the Solution or the expiration of the applicable five (5) or ten (10) day period described above. Starfish shall deploy the Solution in the Customer’s production environment (the “Application Server”) within five (5) business days after the Acceptance Date, or such later date as may be requested by the Customer, provided that the Customer shall provide Starfish with at least five (5) days prior written notice.

Appears in 4 contracts

Samples: End User License Agreement, Subscription Based License Agreement, Subscription Based License Agreement

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