Common use of System Final Acceptance Clause in Contracts

System Final Acceptance. Final Acceptance shall occur once Customer has operated the Hardware and/or Software, in accordance with Swisslog instructions, for a period of five (5) days and the Hardware and/or Software has performed to specifications for ninety eight percent (98%) of such period. For the avoidance of doubt, the Hardware and/or Software will be deemed to be performing its essential functions even if the Hardware and/or Software is not operable due to scheduled maintenance or user induced errors. Final Acceptance shall also occur if the Swisslog product provides Beneficial Use to the Customer for a period of five (5) days. Final Acceptance shall not be unreasonably delayed.

Appears in 4 contracts

Samples: Master Purchase and Service Agreement, Master Purchase and Service Agreement, Master Purchase and Service Agreement

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System Final Acceptance. Final Acceptance shall occur once Customer has operated the Hardware and/or Software, in accordance with Swisslog instructions, for a period of five (5) days and the Hardware and/or Software has performed to specifications for ninety eight percent (98%) of such periodspecifications. For the avoidance of doubt, the Hardware and/or Software will be deemed to be performing its essential functions even if the Hardware and/or Software is not operable due to scheduled maintenance or user induced errors. Final Acceptance shall also occur if the Swisslog product provides Beneficial Use to the Customer for a period of five (5) days. Final Acceptance shall not be unreasonably delayed.

Appears in 2 contracts

Samples: Transport Automation Master Agreement, Master Agreement

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System Final Acceptance. Final Acceptance shall occur once Customer has operated the Hardware and/or Software, in accordance with Swisslog Healthcare instructions, for a period of five (5) days and the Hardware and/or Software has performed to specifications for ninety eight percent (98%) of such period. For the avoidance of doubt, the Hardware and/or Software will be deemed to be performing its essential functions even if the Hardware and/or Software is not operable due to scheduled maintenance or user induced errors. Final Acceptance shall also occur if the Swisslog Healthcare product provides Beneficial Use to the Customer for a period of five (5) 5 days. Final Acceptance shall not be unreasonably delayed.

Appears in 1 contract

Samples: Master Purchase and Service Agreement

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