Common use of Software and Deliverable Cure Period Clause in Contracts

Software and Deliverable Cure Period. Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Software or Deliverable for re-testing within three (3) calendar days of receipt of the VADOC’s written notice of non-conformance, or as otherwise agreed between the VADOC and Supplier in the Contract or Contract modifications thereto. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, the VADOC may, in its sole discretion: (i) reject the Software or Deliverable in its entirety and recover amounts previously paid to Supplier; (ii) issue a “partial Acceptance” of the Software or Deliverable with an equitable adjustment in the price to account for any deficiency; or (iii) conditionally accept the applicable Software or Deliverable while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Software or a Deliverable to meet, in all material respects, the Requirements after the second set of Acceptance tests will constitute a breach by Supplier, and the VADOC may, at its sole discretion, terminate its order or contract or any contract modifications thereto, in whole or in part, for the Solution to be provided by Supplier.

Software and Deliverable Cure Period. ‌ Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected such non-conforming Software or Deliverable for re-testing within three thirty (330) calendar days of receipt of the VADOCappropriate Authorized User’s written notice of non-conformance, or as otherwise agreed between the VADOC such Authorized User and Supplier in the Contract applicable order or Contract modifications theretoSOW. In the event Should Supplier fails fail to cure the non-conformity or deliver Software or a Deliverable that which meets the Requirements, the VADOC such Authorized User may, in its sole discretion: (i) reject the Software or Deliverable in its entirety and recover amounts previously paid to Supplierhereunder; (ii) issue a “partial Acceptance” of the Software or Deliverable with an equitable adjustment in the price to account for any such deficiency; or (iii) conditionally accept the applicable Software or Deliverable while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Software or a Deliverable to meet, in all material respects, the Requirements after the second set of Acceptance acceptance tests will shall constitute a breach default by Supplier. In the event of such default, and the VADOC Authorized User may, at its sole discretion, terminate its order or contract or any contract modifications theretoSOW, in whole or in part, for the Solution to be provided thereunder by Supplier.

Software and Deliverable Cure Period. Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Software or Deliverable for re-testing within three seven (37) calendar days of receipt of the VADOCappropriate Authorized User’s written notice of non-conformance, or as otherwise agreed between the VADOC Authorized User and Supplier in the Contract applicable order or Contract modifications theretoSOW. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, the VADOC Authorized User may, in its sole discretion: (i) reject the Software or Deliverable in its entirety and recover amounts previously paid to Supplier; (ii) issue a “partial Acceptance” of the Software or Deliverable with an equitable adjustment in the price to account for any deficiency; or (iii) conditionally accept the applicable Software or Deliverable while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Software or a Deliverable to meet, in all material respects, the Requirements after the second set of Acceptance tests will constitute a breach by Supplier, and the VADOC Authorized User may, at its sole discretion, terminate its order or contract or any contract modifications theretoSOW, in whole or in part, for the Solution to be provided by Supplier.

Software and Deliverable Cure Period. Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Software or Deliverable for re-testing within three (3) 15 calendar days of receipt of the VADOCVDOT’s written notice of non-conformance, or as otherwise agreed between the VADOC VDOT and Supplier in the Contract or Contract modifications theretoContract. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, the VADOC VDOT may, in its sole discretion: (i) reject the Software or Deliverable in its entirety and recover amounts previously paid to Supplier; (ii) issue a “partial Acceptance” of the Software or Deliverable with an equitable adjustment in the price to account for any deficiency; or (iii) conditionally accept the applicable Software or Deliverable while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Software or a Deliverable to meet, in all material respects, the Requirements after the second set of Acceptance tests will constitute a breach by Supplier, and the VADOC VDOT may, at its sole discretion, terminate its order or contract or any contract modifications theretothe Contract, in whole or in part, for the Solution to be provided by Supplier.