Common use of Notice of Acceptance or Rejection Clause in Contracts

Notice of Acceptance or Rejection. 1. Within thirty (30) days of receipt by Purchaser and the Independent Engineer of the Commissioning Report, the Purchaser (subject to confirmation by the Independent Engineer) must issue notification to the Contractor of the following: (a) issuance of a Certificate of Provisional Acceptance in accordance with Sub-Article 9(C); or (b) rejection of a Certificate of Provisional Acceptance, but instead issuance of a Certificate of Commercial Acceptance in accordance with Sub-Article 9(D) below; or (c) rejection of the Segment or the System in its existing condition and issuance of neither a Certificate of Provisional Acceptance nor a Certificate of Commercial Acceptance, with, in the case of the System, a written explanation of reasons for rejection (it being understood that acceptance of a Segment instead of the System is at the sole discretion of the Purchaser). If the Purchaser or the Independent Engineer fails to respond with such notification within thirty (30) days, then the Date of Provisional Acceptance of the Segment (subject to Purchaser's written consent) or the System shall be deemed to be the date such Commissioning Report was received by the Purchaser. 2. On receipt of a notice from the Purchaser pursuant to Sub-Articles 9(B)(1)(b) or (c) above, the Contractor shall be entitled to address any disputes and explain any discrepancies to the Purchaser regarding the results of the Acceptance Testing. Unless Purchaser, for good cause, rejects such explanation, it shall issue a new notice pursuant to Sub-Article 9(B)(1) above, which shall be deemed to have been issued on the date of the original notice. 3. In case of rejection, and if the explanation by the Contractor as referred to in Sub-Article 9(B)(2) above is not accepted, for good cause, by the Purchaser, the Contractor shall, at Contractor's expense, carry out the necessary corrective actions and will effect a new series of Acceptance Testing ("Retesting"). After receipt by --------- Purchaser and the Independent Engineer of the new Commissioning Report describing the results of Retesting, the Purchaser will be granted a new period of thirty (30) days to analyze the new Commissioning Report according to the provisions of Sub- Article 9(B)(1) and any new notice of the Purchaser shall apply from the date the Purchaser receives such new Commissioning Report.

Notice of Acceptance or Rejection. 1. Within thirty (30) days of receipt by Purchaser and the Independent Engineer of the Commissioning Report or Upgrade Commissioning Report, as the case may be, the Purchaser (subject to confirmation by the Independent Engineer) must issue notification to the Contractor of the following: (a) issuance of a Certificate of Provisional Acceptance in accordance with Sub-Article 9(C); or (b) rejection of a Certificate of Provisional Acceptance, but instead issuance of a Certificate of Commercial Acceptance in accordance with Sub-Article 9(D) below; or (c) rejection of the Segment or Segment, the System or System Upgrade in its existing condition and issuance of neither a Certificate of Provisional Acceptance nor a Certificate of Commercial Acceptance, with, with in the case of the System, System or System Upgrade a written explanation of reasons for rejection (it being understood that acceptance of a Segment instead of the System (other than Provisional Acceptance of Segment S) is at the sole discretion of the Purchaser). If the Purchaser (or the Independent Engineer on its behalf) fails to respond with such notification within thirty (30) days, then the Date of Provisional Acceptance of the Segment (subject to Purchaser's written consent) or ), the System or System Upgrade shall be deemed to be the date such Commissioning Report or Upgrade Commissioning Report, as the case may be, was received by the Purchaser. 2. On receipt of a notice from the Purchaser pursuant to Sub-Sub- Articles 9(B)(1)(b) or (c) above, the Contractor shall be entitled to address any disputes and explain any discrepancies to the Purchaser regarding the results of the Acceptance Testing. Unless Purchaser, for good cause, rejects such explanation, it shall issue a new notice pursuant to Sub-Article 9(B)(1) above, which shall be deemed to have been issued on the date of the original notice. 3. In case of rejection, and if the explanation by the Contractor as referred to in Sub-Article 9(B)(2) above is not accepted, for good cause, by the Purchaser, the Contractor shall, at Contractor's expense, shall carry out the necessary corrective actions and will effect a new series of Acceptance Testing ("Retesting"). After receipt by --------- Purchaser and the Independent Engineer of the new Commissioning Report or Upgrade Commissioning Report, as the case may be, describing the results of Retesting, the Purchaser will be granted a new period of thirty (30) days to analyze the new Commissioning Report according to the provisions of Sub- Sub-Article 9(B)(1) and any new notice of the Purchaser shall apply from the date the Purchaser receives such new Commissioning Report or Upgrade Commissioning Report, as the case may be.

Notice of Acceptance or Rejection. 1. Within thirty (30) days of receipt by Purchaser and the Independent Engineer of the Commissioning Report or Upgrade Commissioning Report, as the case may be, the Purchaser (subject to confirmation by the Independent Engineer) must issue notification to the Contractor of the following: (a) issuance of a Certificate of Provisional Acceptance in accordance with Sub-Article 9(C); or (b) rejection of a Certificate of Provisional Acceptance, but instead issuance of a Certificate of Commercial Acceptance in accordance with Sub-Article 9(D) below; or (c) rejection of the Segment or Segment, the System or System Upgrade in its existing condition and issuance of neither a Certificate of Provisional Acceptance nor a Certificate of Commercial Acceptance, with, with in the case of the System, System or System Upgrade a written explanation of reasons for rejection (it being understood that acceptance of a Segment instead of the System (other than Provisional Acceptance of Segment S) is at the sole discretion of the Purchaser). If the Purchaser (or the Independent Engineer on its behalf) fails to respond with such notification within thirty (30) days, then the Date of Provisional Acceptance of the Segment (subject to Purchaser's written consent) or ), the System or System Upgrade shall be deemed to be the date such Commissioning Report or Upgrade Commissioning Report, as the case may be, was received by the Purchaser. 2. On receipt of a notice from the Purchaser pursuant to Sub-Articles 9(B)(1)(b) or (c) above, the Contractor shall be entitled to address any disputes and explain any discrepancies to the Purchaser regarding the results of the Acceptance Testing. Unless Purchaser, for good cause, rejects such explanation, it shall issue a new notice pursuant to Sub-Article 9(B)(1) above, which shall be deemed to have been issued on the date of the original notice. 3. In case of rejection, and if the explanation by the Contractor as referred to in Sub-Article 9(B)(2) above is not accepted, for good cause, by the Purchaser, the Contractor shall, at Contractor's expense, shall carry out the necessary corrective actions and will effect a new series of Acceptance Testing ("Retesting"). After receipt by --------- Purchaser and the Independent Engineer of the new Commissioning Report or Upgrade Commissioning Report, as the case may be, describing the results of Retesting, the Purchaser will be granted a new period of thirty (30) days to analyze the new Commissioning Report according to the provisions of Sub- Sub-Article 9(B)(1) and any new notice of the Purchaser shall apply from the date the Purchaser receives such new Commissioning Report or Upgrade Commissioning Report, as the case may be.

Notice of Acceptance or Rejection. 1. Within thirty (30) days of receipt by Purchaser and the Independent Engineer of the a complete Commissioning Report or Upgrade Commissioning Report, as the case may be, the Purchaser (subject to confirmation by the Independent Engineer) must issue notification to the Contractor of the following: (a) issuance of a Certificate of Provisional Acceptance in accordance with Sub-Article 9(C); or (b) rejection of a Certificate of Provisional Acceptance, but instead issuance of a Certificate of Commercial Acceptance in accordance with Sub-Article 9(D) below; or (c) rejection of the Segment Segment, the Phase; the System or the System Upgrade in its existing condition and issuance of neither a Certificate of Provisional Acceptance nor a Certificate of Commercial Acceptance, with, and in the case of the SystemPhase; the System or the System Upgrade, a written explanation of reasons for rejection (it being understood that acceptance of a Segment instead of a Phase or the System is at the sole discretion of the Purchaser). If the Purchaser or the Independent Engineer fails to respond with such notification within thirty (30) days, then the Date of Provisional Acceptance of the Segment (subject to Purchaser's written consent) or ), the Phase; the System or System Upgrade shall be deemed to be the date occurring thirty (30) days after such Commissioning Report or Upgrade Commissioning Report, as the case may be, was received by the Purchaser. 2. On receipt of a notice from the Purchaser pursuant to Sub-Sub- Articles 9(B)(1)(b) or (c) above, the Contractor shall be entitled to address any disputes and explain any discrepancies to the Purchaser regarding the results of the Acceptance TestingPurchaser. Unless Purchaser, for good cause, rejects such explanation, it shall issue a new notice pursuant to Sub-Article 9(B)(1) above, which shall be deemed to have been issued on the date of the original notice. 3. In case of rejection, and if the explanation by the Contractor as referred to in Sub-Article 9(B)(2) above is not accepted, for good cause, by the Purchaser, the Contractor shall, at Contractor's expense, shall carry out the necessary corrective actions and will effect a new series of Acceptance Testing ("Retesting"). After receipt by --------- Purchaser and the Independent Engineer of the new Commissioning Report or Upgrade Commissioning Report, as the case may be, describing the corrective action and the results of Retesting, the Purchaser will be granted a new period of thirty (30) days to analyze the new Commissioning Report according to the provisions of Sub- Sub-Article 9(B)(1) and any new notice of the Purchaser shall apply from the date the Purchaser receives such new Commissioning Report or Upgrade Commissioning Report, as the case may be.

Notice of Acceptance or Rejection. 1. Within thirty (30) days of receipt by Purchaser and the Independent Engineer of the a complete Commissioning Report or Upgrade Commissioning Report, as the case may be, the Purchaser (subject to confirmation by the Independent Engineer) must issue notification to the Contractor of the following: (a) issuance of a Certificate of Provisional Acceptance in accordance with Sub-Article 9(C); or (b) rejection of a Certificate of Provisional Acceptance, but instead issuance of a Certificate of Commercial Acceptance in accordance with Sub-Article 9(D) below; or (c) rejection of the Segment Segment, the Phase; the System or the System Upgrade in its existing condition and issuance of neither a Certificate of Provisional Acceptance nor a Certificate of Commercial Acceptance, with, and in the case of the SystemPhase; the System or the System Upgrade, a written explanation of reasons for rejection (it being understood that acceptance of a Segment instead of a Phase or the System is at the sole discretion of the Purchaser). If the Purchaser or the Independent Engineer fails to respond with such notification within thirty (30) days, then the Date of Provisional Acceptance of the Segment (subject to Purchaser's written consent) or ), the Phase; the System or System Upgrade shall be deemed to be the date occurring thirty (30) days after such Commissioning Report or Upgrade Commissioning Report, as the case may be, was received by the Purchaser. 2. On receipt of a notice from the Purchaser pursuant to Sub-Sub- Articles 9(B)(1)(b) or (c) above, the Contractor shall be entitled to address any disputes and explain any discrepancies to the Purchaser regarding the results of the Acceptance TestingPurchaser. Unless Purchaser, for good cause, rejects such explanation, it shall issue a new notice pursuant to Sub-Article 9(B)(1) above, which shall be deemed to have been issued on the date of the original notice. 3. In case of rejection, and if the explanation by the Contractor as referred to in Sub-Article 9(B)(2) above is not accepted, for good cause, by the Purchaser, the Contractor shall, at Contractor's expense, shall carry out the necessary corrective actions and will effect a new series of Acceptance Testing ("Retesting"). After receipt by --------- Purchaser and the Independent Engineer of the new Commissioning Report or Upgrade Commissioning Report, as the case may be, describing the corrective action and the results of Retesting, the Purchaser will be granted a new period of thirty (30) days to analyze the new Commissioning Report according to the provisions of Sub- Sub-Article 9(B)(1) and any new notice of the Purchaser shall apply from the date the Purchaser receives such new Commissioning Report or Upgrade Commissioning Report, as the case may be.

Notice of Acceptance or Rejection. 1. (a) Within thirty (30) days of [ ] after receipt by Purchaser and the Independent Engineer SAC of the a Commissioning Report, the Purchaser (subject to confirmation by the Independent Engineer) SAC must issue notification to the Contractor IMPSAT of the following: (ai) issuance of a Certificate of Provisional Acceptance in accordance with Sub-Article 9(C)Section 5.04; or (b) rejection of a Certificate of Provisional Acceptance, but instead issuance of a Certificate of Commercial Acceptance in accordance with Sub-Article 9(D) below; or (cii) rejection of the Segment or the System in its existing condition and issuance of neither a Certificate of Provisional Acceptance nor a Certificate of Commercial Acceptance, with, in the case of the System, a written explanation of reasons for rejection (it being understood that acceptance of a Segment instead of the System is at the sole discretion of the Purchaser)rejection. If the Purchaser or the Independent Engineer SAC fails to respond with such notification within thirty (30) days[ ], then the Date of Provisional Acceptance of the Segment (subject to Purchaser's written consent) or the System shall be deemed to be the date occurring [ ] after such Commissioning Report was received by SAC, provided, however, that for purposes of Section 4.04 and 4.05, such date shall be the Purchaserdate that SAC receives a Commissioning Report demonstrating, or deemed pursuant to this Section 5.03 to demonstrate, that a Segment is Ready for Provisional Acceptance in accordance with this Article 5. 2. (b) On receipt of a notice from the Purchaser SAC pursuant to Sub-Articles 9(B)(1)(b) or (cSection 5.03(a)(ii) above, the Contractor IMPSAT shall be entitled to address any disputes and explain any discrepancies to the Purchaser regarding the results of the Acceptance TestingSAC. Unless PurchaserSAC, for good cause, rejects such explanation, it shall issue a new notice pursuant to Sub-Article 9(B)(1Section 5.03(a) above, which shall be deemed to have been issued on the date of the original notice. 3. (c) In case of rejection, and if the explanation by the Contractor as referred IMPSAT pursuant to in Sub-Article 9(B)(2Section 5.03(b) above is not accepted, for good cause, by the PurchaserSAC, the Contractor shall, at Contractor's expense, IMPSAT shall carry out the necessary corrective actions and will effect a new series of the necessary tests to establish that the corrective action satisfies the Acceptance Testing Criteria ("Retesting"). After receipt by --------- Purchaser and the Independent Engineer SAC of the new Commissioning Report describing the corrective action and the results of Retesting, the Purchaser SAC will be granted a new period of thirty (30) days [ ] to analyze the new Commissioning Report according to the provisions of Sub- Article 9(B)(1Section 5.03(a) and any new notice of the Purchaser by SAC shall apply from the date the Purchaser SAC receives such new Commissioning Report.