Technical Acceptance. (a) Seller will inform Buyer in writing ten (10) days before the date on which Seller believes the units will be ready for Buyer’s Inspectors.
(b) Following completion of the manufacture of each Unit at the Plant, Seller shall notify Buyer in writing of such completion and Seller shall arrange to allow Buyer’s Inspectors to undertake an initial inspection of such Unit to determine whether such Unit is in conformance with the Specification, this Contract and the Standards.
(c) If Buyer’s Inspectors shall determine that a Unit is in conformance with the Specification, this Contract and the Standards following the initial inspection at the Plant pursuant to ARTICLE 6(a), Buyer’s Inspectors shall issue and deliver to Seller and Buyer a certification in the form attached hereto as Exhibit D (the “Inspection Certificate”), or otherwise confirm that in the opinion of Buyer’s Inspectors, the Units of Equipment identified therein comply with the Specification, this Contract and the Standards. If Buyer’s Inspectors determine that the Equipment is not in conformance with the Specification, this Contract and the Standards, Buyer’s Inspectors shall notify Buyer and Seller of their determination in writing, and shall identify any non-conformities, and Seller shall promptly repair or replace any non-conforming Units with conforming Units, which will then be subject to further inspection pursuant to ARTICLES 6(a), (b) and (c).
(d) Unless otherwise agreed by Buyer in writing, the failure of a Unit of Equipment, or materials, supplies and equipment thereof, in a test shall, at Buyer’s option, be considered the failure of each Unit in the same production series. Seller shall bear all costs to test, correct or replace such Units. Seller shall promptly correct or replace all rejected Equipment, and materials, supplies and equipment related thereto, such correction and replacement to be to the satisfaction of and without cost to Buyer.
(e) Buyer shall pay the cost of Buyer’s Inspectors under this Contract, other than for the costs of tests of the Prototype pursuant to ARTICLE 4(a) and as provided in the next sentence, which costs shall be paid by Seller. If Buyer’s Inspectors determine that a Unit of Equipment fails to conform to the requirements of the Specification, this Contract, or the Standards, the costs and charges of the original tests, any additional tests and work and materials in connection with the correction and/or replacement of the Equipment shall be paid by Sell...
Technical Acceptance. Clause 8.1.1 of the Agreement is cancelled and replaced with the following quoted provisions: QUOTE
Technical Acceptance. Buyer will bear the cost of any technical acceptance procedure relating to the Goods, and this will be carried out within seven (7) days from the date of delivery. Completion of technical acceptance will not be deemed to be a condition precedent of the sale and payment.
Technical Acceptance. Clause 8 of the Agreement is deleted in its entirety and is replaced with Clause 8 attached hereto as Appendix 2.
Technical Acceptance. Developer shall at its sole expense be responsible for running industry standard quality assurance tests on SuperFassst! prior to providing it to Distributor for release. Developer shall fully cooperate with Distributor in its due diligence approval of SuperFassst! and the behavior of the underlying technology, ("Technical Acceptance"). For the initial release, Technical Acceptance shall be deemed to have been satisfied upon Developer's receipt of the Advance Payment described in 6.02 and the Software shall also be deemed to be Technically Superior. For future formal releases, Technical Acceptance shall be deemed to have been satisfied upon reasonable agreement between the parties.
Technical Acceptance. Upon satisfactory completion of the Final Inspection and, unless otherwise agreed in writing by Lessor and Lessee, satisfactory correction of any discrepancies or deficiencies required to be corrected by Lessee prior to Return, Lessor shall execute and deliver to Lessee, a delivery receipt in the form of Annex A to Schedule 5 (the "Return Receipt") which shall, for all purposes hereof, constitute complete, irrevocable and absolute evidence of Lessor's technical acceptance of the Aircraft, except as validly noted in such Return Receipt. To the extent technical acceptance occurs prior to Return, Lessee shall remain liable for the performance of all of its payments and other obligations hereunder, and for any damage to or loss of the Aircraft occurring between the date thereof and Return (it being understood and agreed that Lessee shall maintain insurance as required by Section 15 to and including such date).
Technical Acceptance. 8.2.1 The Buyer may attend the Acceptance Tests.
8.2.2 If the Buyer elects to attend the Tests,
(i) the Buyer will cooperate with the Seller in order to carry out the Acceptance Tests within [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] working days;
(ii) the number of the Buyer’s representatives present during the technical acceptance flight will be limited to [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] except where special tests are performed in which case the number may be restricted to [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]. The number of the Buyer’s representatives with access at any one time to the cockpit will be limited to [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]. During this flight, the Buyer’s representatives will comply with the instructions of the Seller’s Representatives.
8.2.3 If the Buyer does not attend and/or fails to cooperate satisfactorily in the Acceptance Tests, the Seller will be entitled to carry out these Acceptance Tests in the absence of the Buyer, and the Buyer will be deemed to have accepted such Acceptance Tests and to have considered them as satisfactory in all respects.
Technical Acceptance. 1) The Aircraft shall be tendered to Federal Express for Technical Acceptance ("Technical Acceptance") after all Services and all required tests have been completed and tested in accordance with the Specifications and the Schedule.
2) For Aircraft that have had any Services performed other than the ACF Modification, upon MDC's completion of the MDC Tests described in Paragraph 23.A. above, Federal Express may, at its expense for fuel, oil, landing fees and the use of Federal Express flight crews, perform acceptance tests (the "Acceptance Tests") of the Aircraft in accordance with the DAC DC-10 Production Flight Procedures Manuals (PFPM). MDC shall assist Federal Express in preparation for the Acceptance Tests, and MDC may, at its sole risk, have two (2) employees participate as observers during the Acceptance Tests. Any additional seats and emergency equipment required for any additional employees of MDC to participate in the Acceptance Tests shall be provided by MDC, at MDC's expense.
3) For Aircraft upon which the ACF Modification has been performed, an acceptance procedure, including ground functional and flight test(s), shall be performed on each Aircraft jointly by Federal Express and MDC and shall be conducted in accordance with MDC's standard PFPM and such other procedures as mutually agreed. Up to five (5) representatives of Federal Express may participate in this Technical Acceptance. MDC shall not be required to provide special instrumentation for this Technical Acceptance procedure. MDC shall have complete control of all test flights and shall bear all costs and expenses, except for Federal Express flight crews, incident to Technical Acceptance of an Aircraft. 9/11/96 AGREEMENT NO. DAC 96-29M
4) Federal Express agrees to complete all inspections and testing authorized or permitted under this Article during the Technical Acceptance Period. Federal Express shall technically accept the Aircraft if it meets the requirements of the Specifications and this Agreement. Notwithstanding the provisions of this Paragraph, if at the time an Aircraft is tendered by MDC to Federal Express for Technical Acceptance such Aircraft does not fully comply with the Specifications or any other requirement of this Agreement, Federal Express may, at its option, (i) accept such Aircraft after receiving MDC's written agreement (prior to acceptance of such Aircraft by Federal Express) as to the manner and time such Aircraft will be corrected by MDC (or agreement on such oth...
Technical Acceptance. Upon the completion of the Inspection and, subject to Section 3.6.2, the performance by Sublessor of all corrections required to bring the Aircraft into conformity with the Delivery Condition Requirements (except to the extent that such corrections are deferred by Sublessee as described in Section 3.6.2), Sublessee will execute and deliver to Sublessor a Technical Acceptance Certificate substantially in the form of Appendix D (the “Technical Acceptance Certificate”). Once Sublessor has received the Technical Acceptance Certificate from Sublessee, Sublessor will promptly cause Delivery to occur. The Parties will mutually agree on arrangements for ferrying the Aircraft from the Delivery Location to the United States at Sublessor’s cost (including, for clarity, the cost of importing the Aircraft), including the possible use of a third party service provider, and Sublessee will be responsible to coordinate such arrangements.
Technical Acceptance. Buyer's execution and delivery to Seller of the Delivery Receipt of each Engine shall evidence Buyer's irrevocable acceptance of such Engine in its "as is, where is" condition, subject to the terms and conditions of this Agreement.
