Common use of Proof of Performance Clause in Contracts

Proof of Performance. 31.1 The Contractor guarantees the performance of the proposed solution as per Annex-B for a period of thirty six (36) months after issuance of provisional acceptance certificate. Failure to meet technical requirements as specified in Annexure B, which do not conform to the Specifications shall be sufficient cause for USF to require further testing at the cost of Contractor. 31.2 Failure to meet acceptance tests or any test required by USF to show compliance with the specifications in the Bid Documents shall be sufficient cause for rejection and such test or tests shall be repeated after modifications or replacements as deemed necessary for USF. 31.3 If performance is found to be marginal or that the results of any phase of the tests are inconclusive, further testing shall be performed as required by USF. Any such re- work or re-testing shall be at the cost of Contractor. 31.4 In the event that the results of the test indicate that the equipment proposed by the Contractor is not at a satisfactory level to provide the services, systems and features defined in the Bid Documents, then USF reserves the right to terminate the contract signed with the Contractor, withhold any outstanding payments and seek appropriate damages. 31.5 Upon satisfying USF that the computer Labs are ready for service and their performance complies with the specifications laid down in the Bid Documents, and that the training as applicable has been completed as required from the Contractor, USF shall provide the Contractor with a Certificate of Acceptance. 31.6 At least two weeks before offering the systems for acceptance testing, the Contractor shall propose acceptance test procedure, for USF's approval. USF may approve the procedure as proposed, or after such modifications as are deemed necessary for proof of performance.

Proof of Performance. 31.1 The Contractor guarantees the performance of the proposed solution as per Annex-B for a period of thirty six (36) months after issuance of provisional acceptance certificate. Failure to meet technical requirements as specified in Annexure B, which do not conform to the Specifications shall be sufficient cause for USF to require further testing at the cost of Contractor. 31.2 Failure to meet acceptance tests or any test required by USF to show compliance with the specifications in the Bid Documents shall be sufficient cause for rejection and such test or tests shall be repeated after modifications or replacements as deemed necessary for USF. 31.3 If performance is found to be marginal or that the results of any phase of the tests are inconclusive, further testing shall be performed as required by USF. Any such re- re-work or re-testing shall be at the cost of Contractor. 31.4 In the event that the results of the test indicate that the equipment proposed by the Contractor is not at a satisfactory level to provide the services, systems and features defined in the Bid Documents, then USF reserves the right to terminate the contract signed with the Contractor, withhold any outstanding payments and seek appropriate damages. 31.5 Upon satisfying USF that the computer Labs are ready for service and their performance complies with the specifications laid down in the Bid Documents, and that the training as applicable has been completed as required from the Contractor, USF shall provide the Contractor with a Certificate of Acceptance. 31.6 At least two weeks before offering the systems for acceptance testing, the Contractor shall propose acceptance test procedure, for USF's approval. USF may approve the procedure as proposed, or after such modifications as are deemed necessary for proof of performance.

Proof of Performance. 31.1 The Contractor guarantees guarantee the performance of the proposed solution as per Annex-B for a period of thirty six (36) Thirty Six 36 months after issuance of provisional acceptance certificateacceptance. Failure to meet technical requirements as specified in Annexure B, which do not conform to the Specifications shall be sufficient cause for USF to require further testing at the cost of Contractor. 31.2 Failure to meet acceptance tests or any test required by USF to show compliance with the specifications in the Bid Documents shall be sufficient cause for rejection and such test or tests shall be repeated after modifications or replacements as deemed necessary for USF. 31.3 If performance is found to be marginal or that the results of any phase of the tests are inconclusive, further testing shall be performed as required by USF. Any such re- work or re-testing shall be at the cost of Contractor. 31.4 In the event that the results of the test indicate that the equipment proposed by the Contractor is not at a satisfactory level to provide the services, systems and features defined in the Bid Documents, then USF reserves the right to terminate the contract signed with the Contractor, withhold any outstanding payments and seek appropriate damages. 31.5 Upon satisfying USF that the computer Labs are ready for service and their performance complies with the specifications laid down in the Bid Documents, and that the training as applicable has been completed as required from the Contractor, USF shall provide the Contractor with a Certificate of Acceptance. 31.6 At least two weeks before offering the systems for acceptance testing, the Contractor shall propose acceptance test procedure, for USF's approval. USF may approve the procedure as proposed, or after such modifications as are deemed necessary for proof of performance.