Termination for Rejection of Deliverables. 21.2.1 If Contractor is unable to correct Deficiencies, with notice and a cure period of no less than 30 days, in a Change Request that has a total value of $2,000,000 or more that has not been accepted or has been implemented in Production for less than 90 Days and that includes but is not limited to Equipment, the Network, Third Party Software as described in a Change Request, and in other Deliverables that are described in Exhibit F as the Integrated Document Management System project and the Business Intelligence project, the Counties shall have the right to immediately reject the Deliverable, without penalty or liability to the Counties, and return the rejected Deliverable and/or other Deliverables to Contractor. If the Counties reject the Deliverable under this Section, Contractor shall, within 20 Days thereafter, refund to the Counties all payments made to Contractor for the returned Deliverables or amount determined by the Counties’ Executive Director.
21.2.2 If Contractor is unable to correct Deficiencies , with notice and a cure period of no less than 30 days, in a Change Request that has a total value of $2,000,000 or more that has not been accepted or has been implemented in Production for less than 90 Days and that includes but is not limited to Equipment, the Network, Third Party Software as described in a Change Request, and in other Deliverables that are described in Exhibit F as the Integrated Document Management System project and the Business Intelligence project, , the Counties shall also have the right to terminate this Agreement if Contractor fails to correct Deficiencies in a Deliverable within 30 Days of Notice of such failure from the Counties, without penalty or liability to the Counties, and return the rejected Deliverable and other Deliverables to Contractor . If the Counties terminate the Agreement under this Section, Contractor shall, within 20 Days thereafter, refund to the Counties all payments made to Contractor for the returned Deliverables or amount determined by the Counties’ Executive Director.
21.2.3 Except as provided in Sections 21.2.1 and 21.2.2, if Contractor is unable to correct Deficiencies in a Deliverable, the Counties shall have the right to immediately reject the Deliverable, without penalty or liability to the Counties, and return the rejected Deliverable and/or other Deliverables to Contractor. If the Counties reject a Deliverable under this Section, the Counties shall have the right to pursue their rights ...
Termination for Rejection of Deliverables. If Contractor is unable to correct Deficiencies in a Deliverable or Service pursuant to Section 7.3, the Department has the right to immediately terminate this Contract, in whole or in part, after and pursuant to the process under Section 23.1, without penalty or liability to the Department, with such a termination being deemed a termination due to the material breach of Contractor hereunder, and return the Deliverable, if applicable, to Contractor, and other Deliverables impacted or affected in the Department’s judgment by the rejected Deliverable. If the Department terminates this Contract under this Section, Contractor must, within 20 days thereafter, refund to the Department all payments made to Contractor for the returned Deliverable and Services rendered therefor and such other Deliverables in the Department’s judgment, in whole or in part.
Termination for Rejection of Deliverables. If Contractor is unable to correct Deficiencies in a Deliverable, as described in Section 7.3, AOC shall have the right to immediately terminate this Contract, in whole or in part, without penalty or liability to AOC, and return to Contractor the Deliverable and other Deliverables that do not have value to AOC as a result of the termination, in AOC’s judgment, including but not limited to the System, in whole or in part. If AOC terminates this Contract under this Section, Contractor shall, within 20 Days thereafter, refund to AOC all payments made to Contractor for the returned Deliverables and Services rendered therefor.
Termination for Rejection of Deliverables. If Contractor is unable to correct Deficiencies in a Deliverable or Service, as described in Section 8.3, the Exchange shall have the right to immediately terminate this Agreement, in whole or in part, without penalty or liability to the Exchange, and return the Deliverable to Contractor and other Deliverables impacted or affected by the uncorrected Deliverable, including but not limited to the Software, in whole or in part. If the Exchange terminates this Agreement, in whole or in part, under this Section, Contractor shall, within 20 Days thereafter, refund to the Exchange all payments made to Contractor for the returned Deliverables and other Deliverables impacted or affected by the uncorrected Deliverable.
Termination for Rejection of Deliverables. Contractor shall continuously protect all Deliverables and backups thereof from damage, destruction or loss resulting from or caused by the acts or omissions of Contractor while such Deliverables are in the Documentation Repository.
Termination for Rejection of Deliverables. If Contractor is unable to correct Deficiencies in a Deliverable or Service pursuant to Section 7.3, DSHS shall have the right to immediately terminate this Contract, in whole or in part, immediately or at such other time indicated in a Notice of termination without penalty or liability to DSHS, with such a termination being deemed a termination due to the material breach of Contractor hereunder, and return the Deliverable, if applicable, to Contractor, and other Deliverables in DSHS’s judgment. If DSHS terminates this Contract under this Section, Contractor shall, within 20 days thereafter, refund to DSHS all payments made to Contractor for the returned Deliverable and Services rendered therefor, if any, and other Deliverables in DSHS’s judgment, in whole or in part.
Termination for Rejection of Deliverables. If Contractor is unable to correct Deficiencies in a Deliverable or Service pursuant to Section 7.3, the Department has the right to terminate this Contract, in whole or in part, after and pursuant to the process under Section 23.1, without penalty or liability to the Department. Such a termination is deemed a termination due to the Material Breach of Contractor. If applicable, the Department shall return the Deliverable to Contractor, and other Deliverables impacted or affected in the Department’s judgment by the rejected Deliverable. If the Department terminates this Contract under this Section, Contractor must, within 20 days after the Notice of Termination, refund to the Department all payments made to Contractor for the returned Deliverable and Services rendered therefor and such other returned Deliverables impacted or affected in the Department’s judgment, in whole or in part within the applicable row in the “Payment Milestone” column pursuant to Attachment G – Pricing Schedule, Schedule B DDI Payment Milestones by Release.
Termination for Rejection of Deliverables. If Contractor is unable to correct Deficiencies in a Deliverable, after the procedures described in Section 8.4 Acceptance Process for Deliverables, have been followed, and such Deliverable is necessary to the proper operation or Certification of the System, HCA may immediately terminate this Agreement for the rejected Deliverable in question, in whole or in part, without penalty or liability to HCA and to return the Deliverable to Contractor and any Deliverables that have previously received Acceptance and that HCA determines will not have sufficient use or value as a result of HCA’s rejecting such Deliverable. Such, termination will be deemed a termination for default of Contractor hereunder. If HCA terminates this Agreement with respect to the rejected Deliverable and other Deliverables returned to Contractor under this Section, Contractor shall, within 20 days thereafter, refund to HCA all payments made to Contractor for the rejected Deliverable and other Deliverables returned to Contractor under this Section.
Termination for Rejection of Deliverables. If Contractor is unable to correct Deficiencies in a Deliverable, as described in Section 7.3, Section 7.4, or Section 7.6 County shall have the right to immediately terminate this Agreement, in whole or in part, without penalty or liability to County, and return the Deliverable to Contractor and other Deliverables impacted or affected by the rejected Deliverable. If County terminates this Agreement under this Section, Contractor shall, within 20 days thereafter, refund to County all payments made to Contractor for the returned Deliverables and Services rendered therefore.
Termination for Rejection of Deliverables. If Contractor is unable to correct Deficiencies in a Deliverable, as described in Section 7.3, State shall have the right to immediately terminate this Contract, in whole or in part, without penalty or liability to State, and return to Contractor the Deliverable and other Deliverables that do not have value to State as a result of the termination, in State’s judgment, including but not limited to the System, in whole or in part. If State terminates this Contract under this Section, Contractor shall, within 20 Days thereafter, refund to State all payments made to Contractor for the returned Deliverables and Services rendered therefor.
