Common use of ISSUE OF MILESTONE ACHIEVEMENT CERTIFICATE Clause in Contracts

ISSUE OF MILESTONE ACHIEVEMENT CERTIFICATE. The Authority shall issue a Milestone Achievement Certificate in respect of a given Milestone as soon as is reasonably practicable following: the issuing by the Authority of Test Certificates and/or conditional Test Certificates in respect of all Deliverables related to that Milestone which are due to be Tested; and performance by the Supplier to the reasonable satisfaction of the Authority of any other tasks identified in the Implementation Plan as associated with that Milestone (which may include the submission of a Deliverable that is not due to be Tested, such as the production of Documentation). The grant of a Milestone Achievement Certificate shall entitle the Supplier to the receipt of a payment in respect of that Milestone in accordance with the provisions of Schedule 7 (Charges and Invoicing). If a Milestone is not Achieved, the Authority shall promptly issue a report to the Supplier setting out: the applicable Test Issues ; and any other reasons for the relevant Milestone not being Achieved. If there are Test Issues but these do not exceed the Test Issues Threshold, then provided there are no Material Test Issues, the Authority shall issue a Milestone Achievement Certificate. Without prejudice to the Authority’s other remedies the following shall constitute a Notifiable Default for the purposes of Clause 27.1 (Rectification Plan Process) and the Authority shall refuse to issue a Milestone Achievement Certificate where: there is one or more Material Test Issue(s); or the information required under Schedule 8.4 (Reports and Records Provisions) Annex 3 (Virtual Library) has not been uploaded to the Virtual Library in accordance with Paragraph 3 of that Schedule. If there are Test Issues which exceed the Test Issues Threshold but there are no Material Test Issues, the Authority may at its discretion (without waiving any rights in relation to the other options) choose to issue a Milestone Achievement Certificate conditional on the remediation of the Test Issues in accordance with an agreed Rectification Plan provided that: any Rectification Plan shall be agreed before the issue of a conditional Milestone Achievement Certificate unless the Authority agrees otherwise (in which case the Supplier shall submit a Rectification Plan for approval by the Authority within 10 Working Days of receipt of the Authority’s report pursuant to Paragraph 13.3); and where the Authority issues a conditional Milestone Achievement Certificate, it may (but shall not be obliged to) revise the failed Milestone Date and any subsequent Milestone Date. SEVERITY LEVEL 1 TEST ISSUE: a Test Issue that causes non-recoverable conditions, e.g. it is not possible to continue using a Component, a Component crashes, there is database or file corruption, or data loss;

ISSUE OF MILESTONE ACHIEVEMENT CERTIFICATE. 2.1 The Authority Customer shall issue a Milestone Achievement Certificate in respect of a given Milestone as soon as is reasonably practicable following: : a) the issuing review by the Authority Customer of Test Certificates and/or conditional Test Certificates in respect of all Deliverables related to the evidence submitted by the Supplier under Paragraph 1.1 above and determination by the Customer that such evidence demonstrates that the Milestone which are due to be Testedmeets the Acceptance Criteria; and and b) performance by the Supplier to the reasonable satisfaction of the Authority Customer of any other tasks identified in the Implementation Plan as associated with that Milestone (which may include the submission of a Deliverable that is not due to be Tested, such as the production of Documentation). Milestone. 2.2 The grant of a Milestone Achievement Certificate shall may entitle the Supplier to the receipt of a payment in respect of that Milestone in accordance with the provisions of Schedule 7.1 (Charges and Invoicing) of the Framework Agreement and Schedule 7 7.1 (Call-Off Charges and Invoicing). Otherwise, payment of the Charges in consideration of the Supplier's provision of the Implementation Services (included on the grant of a Milestone Achievement Certificate (as may be applicable)) shall be in accordance with the payment mechanism and terms as set out in Schedule 7.1 (Charges and Invoicing) of the Framework Agreement and Schedule 7.1 (Call-Off Charges and Invoicing). 2.3 If a Milestone is not Achieved, the Authority Customer shall promptly issue a report to the Supplier setting out: out the applicable Test Issues ; and any other reasons for the relevant Milestone not being Achieved. If there are Test Issues but these do not exceed the Test Issues Threshold, then provided there are no Material Test Issues, the Authority shall issue a Milestone Achievement Certificate. Without prejudice to the Authority’s other remedies the following shall constitute a Notifiable Default for the purposes of Clause 27.1 (Rectification Plan Process) and the Authority shall refuse to issue a Milestone Achievement Certificate where: there is one or more Material Test Issue(s); or the information required under Schedule 8.4 (Reports and Records Provisions) Annex 3 (Virtual Library) has not been uploaded to the Virtual Library in accordance with Paragraph 3 of that Schedule. If there are Test Issues which exceed the Test Issues Threshold but there are no Material Test Issues, the Authority . 2.4 The Customer may at its discretion (without waiving any rights in relation to the other options) choose to issue a Milestone Achievement Certificate conditional on the remediation of the Test Issues relevant issues in accordance with an agreed Rectification Plan provided that: any Rectification Plan shall be agreed before the issue of a conditional Milestone Achievement Certificate unless the Authority Customer agrees otherwise (in which case the Supplier shall submit a Rectification Plan for approval by the Authority Customer within 10 ten (10) Working Days of receipt of the Authority’s Customer's report pursuant to Paragraph 13.32.3); and where the Authority Customer issues a conditional Milestone Achievement Certificate, it may (but shall not be obliged to) revise the failed Milestone Date and any subsequent Milestone Date. SEVERITY LEVEL 1 TEST ISSUE: a Test Issue that causes non-recoverable conditions, e.g. it is not possible to continue using a Component, a Component crashes, there is database or file corruption, or data loss;.

ISSUE OF MILESTONE ACHIEVEMENT CERTIFICATE. The Authority 13.1 Network Rail shall issue a Milestone Achievement Certificate in respect of a given Milestone as soon as is reasonably practicable following: : 13.1.1 the issuing by the Authority Network Rail of Test Certificates or Assurance of a Test Phase and/or conditional Test Certificates in respect of all Deliverables related to that Milestone which are due to be Tested; and and 13.1.2 performance by the Supplier to the reasonable satisfaction of the Authority Network Rail of any other tasks identified in the Implementation Plan as associated with that Milestone (which may include the submission of a Deliverable that is not due to be Tested, such as the production of Documentation). . 13.2 The grant of a Milestone Achievement Certificate shall entitle the Supplier to the receipt of a payment in respect of that Milestone in accordance with the provisions of Schedule 7 9 (Charges and Invoicing). . 13.3 If a Milestone is not Achieved, the Authority Network Rail shall promptly issue a report to the Supplier setting out: : 13.3.1 the applicable Test Issues Defects ; and and 13.3.2 any other reasons for the relevant Milestone not being Achieved. . 13.4 If there are Test Issues Defects but these do not exceed the Test Issues Defects Threshold, then provided there are no Material Test IssuesDefects, the Authority Network Rail shall issue a Milestone Achievement Certificate. Without . 13.5 If there is one or more Material Defect(s), Network Rail shall refuse to issue a Milestone Achievement Certificate and, without prejudice to the AuthorityNetwork Rail’s other remedies the following rights and remedies, such failure shall constitute a Notifiable Default for the purposes of Clause 27.1 clause 28.1 (Rectification Plan Process) and the Authority shall refuse to issue a Milestone Achievement Certificate where: there is one or more Material Test Issue(s); or the information required under Schedule 8.4 (Reports and Records Provisions) Annex 3 (Virtual Library) has not been uploaded to the Virtual Library in accordance with Paragraph 3 of that Schedule. . 13.6 If there are Test Issues Defects which exceed the Test Issues Defects Threshold but there are no Material Test IssuesDefects, the Authority Network Rail may at its discretion (without waiving any rights in relation to the other options) choose to issue a Milestone Achievement Certificate conditional on the remediation of the Test Issues Defects in accordance with an agreed Rectification Plan provided that: : 13.6.1 any Rectification Plan shall be agreed before the issue of a conditional Milestone Achievement Certificate unless the Authority Network Rail agrees otherwise (in which case the Supplier shall submit a Rectification Plan for approval by the Authority Network Rail within 10 Working Days of receipt of the Authority’s report pursuant to Paragraph 13.3); and where the Authority issues a conditional Milestone Achievement Certificate, it may (but shall not be obliged to) revise the failed Milestone Date and any subsequent Milestone Date. SEVERITY LEVEL 1 TEST ISSUE: a Test Issue that causes non-recoverable conditions, e.g. it is not possible to continue using a Component, a Component crashes, there is database or file corruption, or data loss;five

ISSUE OF MILESTONE ACHIEVEMENT CERTIFICATE. The Authority Customer shall issue a Milestone Achievement Certificate in respect of a given Milestone as soon as is reasonably practicable following: the issuing review by the Authority Customer of Test Certificates and/or conditional Test Certificates in respect of all Deliverables related to the evidence submitted by the Supplier under Paragraph 1.3 above and determination by the Customer that such evidence demonstrates that the Milestone which are due to be Testedmeets the Acceptance Criteria; and performance by the Supplier to the reasonable satisfaction of the Authority Customer of any other tasks identified in the Implementation Plan as associated with that Milestone (which may include the submission of a Deliverable that is not due to be Tested, such as the production of Documentation)Milestone. The grant of a Milestone Achievement Certificate shall may entitle the Supplier to the receipt of a payment in respect of that Milestone in accordance with the provisions of Schedule 7 7.1 (Charges and Invoicing) and Schedule 7.1 (Call-Off Charges and Invoicing). Otherwise payment of the Charges in consideration of the Supplier's provision of the Implementation Services (included on the grant of a Milestone Achievement Certificate (as may be applicable)) shall be in accordance with the payment mechanism and terms as set out in Schedule 7.1 (Charges and Invoicing) and Schedule 7.1 (Call-Off Charges and Invoicing). If a Milestone is not Achieved, the Authority Customer shall promptly issue a report to the Supplier setting out: out the applicable Test Issues ; and any other reasons for the relevant Milestone not being Achieved. If there are Test Issues but these do not exceed the Test Issues Threshold, then provided there are no Material Test Issues, the Authority shall issue a Milestone Achievement Certificate. Without prejudice to the Authority’s other remedies the following shall constitute a Notifiable Default for the purposes of Clause 27.1 (Rectification Plan Process) and the Authority shall refuse to issue a Milestone Achievement Certificate where: there is one or more Material Test Issue(s); or the information required under Schedule 8.4 (Reports and Records Provisions) Annex 3 (Virtual Library) has not been uploaded to the Virtual Library in accordance with Paragraph 3 of that Schedule. If there are Test Issues which exceed the Test Issues Threshold but there are no Material Test Issues, the Authority The Customer may at its discretion (without waiving any rights in relation to the other options) choose to issue a Milestone Achievement Certificate conditional on the remediation of the Test Issues relevant issues in accordance with an agreed Rectification Plan provided that: any Rectification Plan shall be agreed before the issue of a conditional Milestone Achievement Certificate unless the Authority Customer agrees otherwise (in which case the Supplier shall submit a Rectification Plan for approval by the Authority Customer within 10 ten (10) Working Days of receipt of the Authority’s Customer's report pursuant to Paragraph 13.32.3); and where the Authority Customer issues a conditional Milestone Achievement Certificate, it may (but shall not be obliged to) revise the failed Milestone Date and any subsequent Milestone Date. SEVERITY LEVEL 1 TEST ISSUE: a Test Issue that causes non-recoverable conditions, e.g. it is not possible to continue using a Component, a Component crashes, there is database or file corruption, or data loss;.