Operational Deliverables. (i) To the extent not already specified in the Project Plan, prior to the date on which Vendor is scheduled to deliver each Operational Deliverable to Exelon, Vendor and Exelon will agree upon the testing procedures for the Operational Deliverable, including without limitation detailed test cases and expected results (the “Acceptance Tests”). The Acceptance Tests will be designed to determine whether the Operational Deliverable contains any Defects. Exelon will have the opportunity during the Acceptance Period to evaluate and test each Operational Deliverable in accordance with the following procedures by executing the Acceptance Tests.
(ii) When Vendor has completed an Operational Deliverable, Vendor will deliver the Operational Deliverable at the Installation Site (if not already there), install such Deliverable (if not already installed), and perform an installation test reasonably acceptable to Exelon to verify that the Deliverable has been properly delivered and installed. Vendor shall notify Exelon when the Operational Deliverable is Ready for Acceptance, provided that such notice shall not occur prior to the successful completion by Vendor of any installation tests. Such notice will start the Acceptance Period, which will be thirty (30) days or such other period as is stated in the Project Plan. As was the case with written Deliverables, Exelon’s obligation to review any Operational Deliverable within the applicable Acceptance Period will be contingent on such Operational Deliverable being delivered to Exelon as scheduled. If and to the extent any Operational Deliverable is delivered earlier or later than scheduled, the Acceptance Period for such Operational Deliverable shall be extended as reasonably necessary to accommodate the availability of the Exelon personnel responsible for reviewing such Operational Deliverable. Similarly, if and to the extent multiple Operational Deliverables are delivered to Exelon within an Acceptance Period, the Acceptance Period for all Operational Deliverables shall be extended as reasonably necessary to accommodate the availability of the Exelon personnel responsible for reviewing them.
(iii) Exelon shall notify Vendor in writing by the end of the Acceptance Period stating that the Operational Deliverable is accepted in the form delivered by Vendor or describing the Defects as provided in Section 9.2(b)(iv) below. If Vendor does not receive any notice of Defects from Exelon by the end of the Acceptance Period, Vendor...
Operational Deliverables. (a) The BRT/DTL Project will include the provision by the Authority (or its Contractors) of the following systems solely for the purpose of operating the BRT/DTL Project as contemplated by this Agreement, including Schedule 10:
(i) an electronic toll collection system and tolling infrastructure for the BRT/DTLs;
(ii) a Speed Detection System;
(iii) Dynamic Message Signs capable of providing real time traffic and toll amount information; and
(iv) a fiber optic system, including pipes, manholes and other fiber optic infrastructure.
(b) The Parties agree that:
(i) any of the systems described in this Section 3 may be provided under an extension, modification or change order pursuant to the Tolling Services Agreement, a New ETC Service Contract or any separate agreement by and between the Authority and any of its Contractors;
(ii) the Authority make no representation or warranty as to merchantability or quality of such systems.
Operational Deliverables. For all Services, functions and items provided or to be provided by the Contractor (and its Subcontractors, if any) under this Contract, the Office shall not be obligated to pay any amounts that exceed the charges specified in this Contract, with a reservation to apply Service Level Credits and other financial consequences as setoff against payment invoices, for nonperformance of any Service Levels in the Statement of Work according to section 16. Adjustments for Reductions in Scope of Services If the scope of the Services under the Statement of Work issued under this Contract is subsequently reduced by the State, the parties shall negotiate, through the Change Order process, an equitable reduction in the Contractor’s charges under such Statement of Work commensurate with the reduction in scope.
Operational Deliverables. The Contractor represents and warrants that, subject to the last sentence of this provision, for a period of 3 (three) months following Acceptance ("Warranty Period"), each Operational Deliverable and any of its Related Deliverables shall operate in accordance with the functional specifications for such Deliverables and the technical specifications for such Deliverable without Material Errors. The terms of this clause 18.1 shall survive any termination of this Agreement.
Operational Deliverables
