PROTOTYPE ACCEPTANCE Sample Clauses

PROTOTYPE ACCEPTANCE. Provided that Tollgrade has delivered acceptable prototype units to UTStarcom by the date specified on Exhibit A, UTStarcom will pay to Tollgrade a second NRE in the amount of [*] on or before [*].
AutoNDA by SimpleDocs
PROTOTYPE ACCEPTANCE. (a) The parties shall mutually agree to a Prototype Acceptance Specification and Test Procedure which shall be reduced to writing and incorporated herein as Schedule 4. In the event the parties do not or cannot agree to such Specification and Test Procedure, then the design specifications set forth in Schedule 2 shall be deemed the criteria for Prototype acceptance under this Paragraph 7. (b) Within forty-five (45) days of delivery of the Prototypes to BUYER, BUYER shall inspect and test such Prototypes. Representatives of SELLER may be present at BUYER'S facility to observe such inspection and test procedure. If any Prototype is nonconforming, BUYER shall advise the SELLER in writing, specifying the nonconformance and return to SELLER the nonconforming Prototype. Prototypes not otherwise identified as nonconforming within forty-five (45) days after delivery to BUYER shall be deemed accepted by BUYER and the Work will be deemed completed by SELLER. (c) SELLER shall use reasonable efforts to replace all nonconforming Prototypes within one hundred eighty (180) days of SELLER'S receipt of such Prototypes. If SELLER, using reasonable efforts, is unable to supply the BUYER with at least 10 Prototypes which are acceptable or deemed to be acceptable, this Agreement shall forthwith terminate and SELLER shall refund to BUYER all sums paid to SELLER hereunder for the remaining uncompleted Work. (d) The Development Completion Date will be the date on which ten (10) Prototypes in the aggregate are accepted or deemed to be accepted by BUYER.
PROTOTYPE ACCEPTANCE. 7.1. PowerDsine will evaluate the RON Prototypes to determine if those RON Prototypes cxxxly with the specifications established in Exhibit 3. Minor deviations from the specifications that do not impact the RON's form, fit, or function are allowed. Within eight (8) weeks after Motorola ships the RON Prototypes to PowerDsine, PowerDsine will submit x xritten notice of acceptance or rejection to Motorola using the RON Prototype Approval Notification form (Exhibit 6). Xxproval will not be unreasonably conditioned, withheld, or delayed. If Motorola has not received this form from PowerDsine within this eight (8) week period, all RON Prototypes shipped will be deemed accepted. 7.2. If PxxxrDsine rejects the RON prototypes, the parties will jointly analyze the xxxues associated with that rejection in order to establish the extent and basis for rework. If rework is needed due to PowerDsine's error, PowerDsine will be responsible for costs associated with such rework. There will be no charge to PowerDsine for rework needed due to Motorola's error. 7.3. Production orders are required to be placed in accordance with standard lead times established by Motorola. Motorola will use commercially reasonable efforts to ensure that delivery will occur no later then thirteen (13) weeks from the date Motorola receives any order. Motorola will accept first production orders after the signing of the Custom Design Prototype Approval Notification (Exhibit 6) by PowerDsine.

Related to PROTOTYPE ACCEPTANCE

  • Order Acceptance Xxxxxxx’x acceptance of the Order and consequent agreement to the Contract by either: (a) delivering the Goods, Services, or Digital Services; or

  • CONTRACT ACCEPTANCE By acceptance of this order, Xxxxxx agrees that the scope of the work required is understood by Xxxxxx; that there are no informal commitments by Buyer that in any way affect the work under this order; that there are no open or unresolved issues related to this order except as explicitly stated herein; and that Xxxxxx therefore understands and agrees that this order states the complete agreement of the parties. CAS requirements do not apply if the order does not exceed $650,000 or if the Seller claims an exemption per the Proposal Representation and Certification, or if certified cost or pricing data was not provided.

  • PRODUCT ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor in the Authorized User Agreement, Authorized User(s) shall have sixty (60) days from the date of delivery to accept all Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Title or other property interest and risk of loss shall not pass from Contractor to the Authorized User until the Products have been accepted. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty

  • Inspection; Acceptance The Contractor (immixTechnology, Inc.) can only, and shall only tender for acceptance those items that substantially conform to the software manufacturer’s (“Qualtrics”) published specifications. Therefore, items delivered shall be considered accepted upon delivery. The Government reserves the right to inspect or test any supplies or services that have been delivered. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-(1) Within the warranty period; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

  • Engagement; Acceptance The Issuer engages Xxxxxxx Fixed Income Services LLC to act as the Asset Representations Reviewer for the Issuer. Xxxxxxx Fixed Income Services LLC accepts the engagement and agrees to perform the obligations of the Asset Representations Reviewer on the terms in this Agreement.

  • Electronic Acceptance You expressly confirm that you have read, agree to, and consent to be bound by all of the terms of this User Agreement, including all disclosures in this agreement, including those in Section 18.3. By electronically signing this User Agreement, which may be completed by all methods of “clickwrap” or “click through” including by accepting, clicking a button, or checking a box, you acknowledge and agree that such electronic signature is valid evidence of your consent to be legally bound by this User Agreement and such subsequent

  • Card Acceptance When accepting a Card, Xxxxxxxx will follow the steps provided by Servicer for accepting Cards and will: (a) determine in good faith and to the best of its ability that the Card is valid on its face; (b) obtain Authorization from the Card Issuer to charge the Cardholder's account; (c) unless the Sales Draft is electronically generated or is the result of a mail, internet, phone or preauthorized order, (i) obtain an Imprint of the Card including embossed data from the merchant imprinter plate; and (ii) obtain the Cardholder's signature on the Sales Draft and compare that signature to the signature on the Card; (d) enter a description of the goods or services sold and the price thereof (including any applicable taxes); (e) deliver a true and completed copy of the Sales Draft to the Cardholder at the time the goods are delivered or services performed, or, if the Sales Draft is prepared by a point-of-sale terminal, at the time of the sale; (f) offer the Sales Draft to Servicer for purchase according to Servicer's procedures and the terms of this Agreement; and (g) make a Card Imprint, if the Transaction is not based upon a mail, internet, phone or pre-authorized order.

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the first vest date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the first vest date. For your benefit, if you have not rejected the Agreement prior to the first vest date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.

  • STATE ACCEPTANCE All insurance providers are subject to Agency acceptance. If requested by Agency, Grantee shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Exhibit C.

  • Testing and Acceptance Within […***…] after RFM’s delivery of the IC Design File to ST, ST shall manufacture and deliver a commercially reasonable quantity of evaluation Product to RFM for evaluation testing. Upon RFM’s receipt of such Products from ST, RFM shall test such Products with the applicable Evaluation Software and in the applicable Evaluation Circuit Design to determine if the IC Design for such Products conforms to the applicable Specifications. Upon completion of such testing, RFM shall provide ST with the data from such testing (“Evaluation Data”). Upon ST’s receipt of the Evaluation Data, ST shall evaluate whether the Evaluation Data indicates that the IC Design conforms to the Specifications in all material respects. ST shall accept or reject the IC Design based on the Evaluation Data and shall give RFM written notice thereof within seven (7) calendar days after RFM’s delivery of the Evaluation Data to ST. An IC Design will be deemed accepted by ST if RFM has not received notification of rejection of such IC Design from ST within seven (7) calendar days after RFM’s delivery of the applicable Evaluation Data to ST. ST’s refusal to accept the IC Design must be reasonable, must be in writing and must be accompanied by a reasonably detailed description of the manner in which the IC Design fails to comply with the Specifications in all material respects (collectively, the “Deficiencies”) so that RFM can have the opportunity to correct the Deficiencies. If ST properly rejects the IC Design, RFM shall use commercially reasonable efforts to correct any Deficiencies and redeliver a corrected IC Design File within […***…] after RFM’s receipt of the rejection notice and the foregoing provisions set forth in this Section 3.3 shall be reapplied until the IC Design is accepted; provided, however, that upon the […***…] or any subsequent rejection, either party may terminate this Agreement upon thirty (30) calendar days prior written notice to the other party, unless the IC Design is accepted during such notice period.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!