Common use of Success Criteria Clause in Contracts

Success Criteria. If the Product prototype delivered at the completion of a Program that is the subject of a Work Statement meets the applicable Specifications, then the provisions of Section 3 shall take effect with respect to such Product. If the Product prototype delivered at the completion of a Program that is the subject of a Work Statement does not meet the Specifications or if ViewRay and PEKO determine during the course of the Program that the results of the Program are unsatisfactory; which determination shall be made with reference to the prospects for realizing Products that meet the applicable Specifications then in each case they may mutually agree to terminate the Program under Section 9.2(b). If the parties do not agree with respect to termination of the Program, they shall resolve such dispute using the procedure specified in Section 10.2(a)-(b).

Success Criteria. If the Product prototype delivered at in Phase 2 of the completion of a Program that is the subject of a Work Statement meets the applicable Specifications, then the provisions of Section 3 shall take effect with respect as it applies to such Productthe specific product delivered. If the Product prototype delivered at in Phase 2 of the completion of a Program that is the subject of a Work Statement does not meet the Specifications or if ViewRay and PEKO QED determine during the course of the Program that the results of the Program are unsatisfactory; which determination shall be made with reference to the prospects for realizing Products that meet the applicable Specifications then in each case they may mutually agree to remove the specific Product from the Program. If all the products are removed then the parties may mutually agree to terminate the Program under Section 9.2(b). If the parties do not agree with respect to removal of a Product or termination of the Program, they shall resolve such dispute using the procedure specified in Section 10.2(a)-(b).