Common use of Repeated Failure of Acceptance Tests Clause in Contracts

Repeated Failure of Acceptance Tests. If Acceptance Tests identify any Non- Conformity in any Software Deliverable after a second or subsequent delivery of such Software Deliverable, or Contractor fails to re-deliver the Software Deliverable on a timely basis, the State may, in its sole discretion, by written notice to Contractor: (a) continue the process set forth in this Section 9; (b) accept the Software Deliverable as a nonconforming deliverable, in which case the Fees for such Software Deliverable will be reduced equitably to reflect the value of the Software Deliverable as received relative to the value of the Software Deliverable had it conformed; or (c) deem the failure to be a non-curable material breach of this Contract and the Statement of Work and terminate this Contract for cause in accordance with Section 15.1.

Repeated Failure of Acceptance Tests. If Acceptance Tests identify any Non- Non-Conformity in any Software Deliverable after a second or subsequent delivery of such Software Deliverablethereof, or Contractor Developer fails to re-deliver the Software Deliverable on a timely basis, the State Customer may, in its sole discretion, by written notice to ContractorDeveloper: (a) continue the process set forth in this Section 95; (b) accept the Software Deliverable as a nonconforming deliverable, in which case the Fees for such Software Deliverable will therefor shall be reduced equitably to reflect the value of the Software Deliverable as received relative to the value of the Software Deliverable had it conformed; or (c) deem the failure to be a non-curable material breach of this Contract Agreement and the relevant Statement of Work, and terminate this Agreement and such Statement of Work and terminate this Contract for cause in accordance with Section 15.114.3(b).

Repeated Failure of Acceptance Tests. If Acceptance Tests identify any Non- Non-Conformity in any Software Deliverable after a second or subsequent delivery of such Software Deliverable, or Contractor fails to re-deliver the Software Deliverable on a timely basis, the State may, in its sole discretion, by written notice to Contractor: (a) : continue the process set forth in this Section 9; (b) ; accept the Software Deliverable as a nonconforming deliverable, in which case the Fees for such Such Software Deliverable will be reduced equitably to reflect the value of the Software Deliverable as received relative to the value of the Software Deliverable had it conformed; or (c) or deem the failure to be a non-curable material breach of this Contract and the Statement of Work and terminate this Contract for cause in accordance with Section 15.1.