Common use of Solution Cure Period Clause in Contracts

Solution Cure Period. Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Solution or Component products or Services for re-testing within 15 business days of receipt of written notice of non-conformance to Supplier, or as otherwise agreed between DMAS and Supplier. In the event that Supplier fails to deliver a Solution which meets the Requirements, DMAS may, in its sole discretion: (i) reject the Solution in its entirety and recover amounts previously paid to the Supplier; (ii) issue a "partial Acceptance" of the Solution with an equitable adjustment in the price to account for such deficiency; or (iii) conditionally accept the applicable Solution while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Solution to meet, in all material respects, the specifications and performance standards after the second set of acceptance tests will constitute a breach by Supplier, and DMAS may, at its sole discretion, terminate this Contract, in whole or in part, for the Solution to be provided by Supplier.

Appears in 4 contracts

Samples: External Quality Review Organization Services/Solution and Cloud Services Contract, Enrollment Broker Services/Solution and Cloud Services Contract, Interoperability & Patient Access Solution Contract

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Solution Cure Period. Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Solution or Component products or Services for re-testing within 15 business days of receipt of written notice of non-conformance to Supplier, or as otherwise agreed between DMAS the Authorized User and Supplier. In the event that Supplier fails to deliver a Solution which meets the Requirements, DMAS the Authorized User may, in its sole discretion: (i) reject the Solution in its entirety and recover amounts previously paid to the Supplier; (ii) issue a "partial Acceptance" of the Solution with an equitable adjustment in the price to account for such deficiency; or (iii) conditionally accept the applicable Solution while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Solution to meet, in all material respects, the specifications and performance standards after the second set of acceptance tests will constitute a breach by Supplier, and DMAS the Authorized User may, at its sole discretion, terminate this Contractits order or SOW, in whole or in part, for the Solution to be provided by Supplier.

Appears in 2 contracts

Samples: RFP Contract, It Services Agreement

Solution Cure Period. Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Solution or Component products or Services for re-testing within 15 business days of receipt of written notice of non-conformance to Supplier, or as otherwise agreed between DMAS OAG and Supplier. In the event that Supplier fails to deliver a Solution which meets the Requirements, DMAS OAG may, in its sole discretion: (i) reject the Solution in its entirety and recover amounts previously paid to the Supplier; (ii) issue a "partial Acceptance" of the Solution with an equitable adjustment in the price to account for such deficiency; or (iii) conditionally accept the applicable Solution while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Solution to meet, in all material respects, the specifications and performance standards after the second set of acceptance tests will constitute a breach by Supplier, and DMAS OAG may, at its sole discretion, terminate this Contractits order or SOW, in whole or in part, for the Solution to be provided by Supplier.

Appears in 1 contract

Samples: Solution and Cloud Services Contract

Solution Cure Period. Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Solution or Component products or Services for re-testing within 15 business days of receipt of written notice of non-conformance to Supplier, or as otherwise agreed between DMAS VDOT and Supplier. In the event that Supplier fails to deliver a Solution which meets the Requirements, DMAS VDOT may, in its sole discretion: (i) reject the Solution in its entirety and recover amounts previously paid to the Supplier; (ii) issue a "partial Acceptance" of the Solution with an equitable adjustment in the price to account for such deficiency; or (iii) conditionally accept the applicable Solution while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Solution to meet, in all material respects, the specifications and performance standards after the second set of acceptance tests will constitute a breach by Supplier, and DMAS VDOT may, at its sole discretion, terminate this the Contract, in whole or in part, for the Solution to be provided by Supplier.

Appears in 1 contract

Samples: Information Technology Contract

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Solution Cure Period. Supplier shall correct any non-conformities identified during Acceptance testing and re-submit the corrected Solution or Component products or Services for re-testing within 15 business ten (10) calendar days of receipt of written notice of non-conformance to Supplier, or as otherwise agreed between DMAS the VADOC and Supplier. In the event that Supplier fails to deliver a Solution which meets the Requirements, DMAS the VADOC may, in its sole discretion: (i) reject the Solution in its entirety and recover amounts previously paid to the Supplier; (ii) issue a "partial Acceptance" of the Solution with an equitable adjustment in the price to account for such deficiency; or (iii) conditionally accept the applicable Solution while reserving its right to revoke Acceptance if timely correction is not forthcoming. Failure of the Solution to meet, in all material respects, the specifications and performance standards after the second set of acceptance tests will constitute a breach by Supplier, and DMAS the VADOC may, at its sole discretion, terminate this Contract, in whole or in part, for the Solution to be provided by Supplier.

Appears in 1 contract

Samples: Information Technology Cloud Services Contract

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