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 seven (7) calendar days of receipt of the appropriate Authorized User’s written notice of non-conformance, or as otherwise agreed between the Authorized User and Supplier in the applicable order or SOW. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, the 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 Authorized User may, at its sole discretion, terminate its order or SOW, 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 seven (7) calendar days of receipt of the appropriate Authorized User’s DMAS’ written notice of non-conformance, or as otherwise agreed between the Authorized User DMAS and Supplier in the applicable order or SOWContract documents. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, the Authorized User DMAS 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 Authorized User DMAS may, at its sole discretion, terminate its order or SOWthis Contract, 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 seven three (73) calendar days of receipt of the appropriate Authorized UserVADOC’s written notice of non-conformance, or as otherwise agreed between the Authorized User VADOC and Supplier in the applicable order Contract or SOWContract modifications thereto. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, the Authorized User 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 Authorized User VADOC may, at its sole discretion, terminate its order or SOWcontract 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 Software or Deliverable for re-testing within seven (7) 15 calendar days of receipt of the appropriate Authorized UserVDOT’s written notice of non-conformance, or as otherwise agreed between the Authorized User VDOT and Supplier in the applicable order or SOWContract. In the event Supplier fails to cure the non-conformity or deliver Software or a Deliverable that meets the Requirements, the Authorized User 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 Authorized User VDOT may, at its sole discretion, terminate its order or SOWthe Contract, in whole or in part, for the Solution to be provided by Supplier.