Common use of TEST QUALITY AUDIT Clause in Contracts

TEST QUALITY AUDIT. Without prejudice to its rights pursuant to Clause 20 of this Call Off Contract (Records, Audit Access and Open Book Data), the Customer or an agent or contractor appointed by the Customer may perform on-going quality audits in respect of any part of the Testing (each a Testing Quality Audit) subject to the provisions set out in the agreed Quality Plan. The focus of the Testing Quality Audits shall be on: adherence to an agreed methodology; adherence to the agreed Testing process; adherence to the Quality Plan; review of status and key development issues; and identification of key risk areas. The Supplier shall allow sufficient time in the Testing Strategy Plan to ensure that adequate responses to a Testing Quality Audit can be provided. The Customer will give the Supplier at least 5 Working Days' written notice of the Customer’s intention to undertake a Testing Quality Audit and the Supplier may request, following receipt of that notice, that any Testing Quality Audit be delayed by a reasonable time period if in the Supplier’s reasonable opinion, the carrying out of a Testing Quality Audit at the time specified by the Customer will materially and adversely impact the Implementation Plan. A Testing Quality Audit may involve document reviews, interviews with the Supplier Personnel involved in or monitoring the activities being undertaken pursuant to this Schedule, the Customer witnessing Tests and demonstrations of the Deliverables to the Customer. Any Testing Quality Audit shall be limited in duration to a maximum time to be agreed between the Supplier and the Customer on a case by case basis (such agreement not to be unreasonably withheld or delayed). The Supplier shall provide all reasonable necessary assistance and access to all relevant documentation required by the Customer to enable it to carry out the Testing Quality Audit. If the Testing Quality Audit gives the Customer concern in respect of the Testing Procedures or any Test, the Customer shall: discuss the outcome of the Testing Quality Audit with the Supplier, giving the Supplier the opportunity to provide feedback in relation to specific activities; and subsequently prepare a written report for the Supplier detailing its concerns, and the Supplier shall, within a reasonable timeframe, respond in writing to the Customer’s report. In the event of an inadequate response to the written report from the Supplier, the Customer (acting reasonably) may withhold a Test Certificate (and consequently delay the grant of a Satisfaction Certificate) until the issues in the report have been addressed to the reasonable satisfaction of the Customer. The Customer will issue a Test Certificate when the Deliverables satisfy the Test Success Criteria in respect of that Test without any Test Issues. If the Deliverables (or any relevant part) do not satisfy the Test Success Criteria then the Customer shall notify the Supplier and: the Customer may issue a Test Certificate conditional upon the remediation of the Test Issues; where the Parties agree that there is sufficient time prior to the relevant Milestone Date, the Customer may extend the Testing Strategy Plan by such reasonable period or periods as the Parties may reasonably agree and require the Supplier to rectify the cause of the Test Issue and re-submit the Deliverables (or the relevant part) to Testing; or where the failure to satisfy the Test Success Criteria results, or is likely to result, in the failure (in whole or in part) by the Supplier to meet a Milestone, then without prejudice to the Customer’s other rights and remedies, such failure shall constitute a material Default. The Customer shall be entitled, without prejudice to any other rights and remedies that it has under this Call Off Contract, to recover from the Supplier any reasonable additional costs it may incur as a direct result of further review or re-Testing which is required for the Test Success Criteria for that Deliverable to be satisfied.

TEST QUALITY AUDIT. 11.1 Without prejudice to its rights pursuant to Clause 20 of this Call Off Contract clause 12.2 (Records, Audit Access Records and Open Book DataAudits), the Customer or an agent or contractor appointed by the Customer Network Rail may perform on-going quality audits in respect of any part of the Testing (each a “Testing Quality Audit”) subject to the provisions set out in the agreed Quality Plan. . 11.2 The focus of the Testing Quality Audits shall be on: : 11.2.1 adherence to an agreed methodology; ; 11.2.2 adherence to the agreed Testing process; ; 11.2.3 adherence to the Quality Plan; ; 11.2.4 review of status and key development issues; and and 11.2.5 identification of key risk areas. . 11.3 The Supplier shall allow sufficient time in the Testing Strategy Test Plan to ensure that adequate responses to a Testing Quality Audit can be provided. The Customer . 11.4 Network Rail will give the Supplier at least 5 five (5) Working Days' written notice of the CustomerNetwork Rail’s intention to undertake a Testing Quality Audit and the Supplier may request, following receipt of that notice, that any Testing Quality Audit be delayed by a reasonable time period if in the Supplier’s reasonable opinion, the carrying out of a Testing Quality Audit at the time specified by the Customer Network Rail will materially and adversely impact the Implementation Plan. . 11.5 A Testing Quality Audit may involve document reviews, interviews with the Supplier Personnel involved in or monitoring the activities being undertaken pursuant to this Schedule, the Customer Network Rail witnessing Tests and demonstrations of the Deliverables to the CustomerNetwork Rail. Any Testing Quality Audit shall be limited in duration to a maximum time to be agreed between the Supplier and the Customer Network Rail on a case by case basis (such agreement not to be unreasonably withheld or delayed). The Supplier shall provide all reasonable necessary assistance and access to all relevant documentation required by the Customer Network Rail to enable it to carry out the Testing Quality Audit. . 11.6 If the Testing Quality Audit gives the Customer Network Rail concern in respect of the Testing Procedures or any Test, the Customer Network Rail shall: : 11.6.1 discuss the outcome of the Testing Quality Audit with the Supplier, giving the Supplier the opportunity to provide feedback in relation to specific activities; and and 11.6.2 subsequently prepare a written report for the Supplier detailing its concerns, and the Supplier shall, within a reasonable timeframe, respond in writing to the CustomerNetwork Rail’s report. . 11.7 In the event of an inadequate response to the written Network Rail’s report from the Supplier, the Customer Network Rail (acting reasonably) may withhold a Test Certificate (and consequently delay the grant of a Satisfaction Milestone Achievement Certificate) or Assurance of a Test Phase until the issues in the report have been addressed to the reasonable satisfaction of the Customer. The Customer will issue a Test Certificate when the Deliverables satisfy the Test Success Criteria in respect of that Test without any Test Issues. If the Deliverables (or any relevant part) do not satisfy the Test Success Criteria then the Customer shall notify the Supplier and: the Customer may issue a Test Certificate conditional upon the remediation of the Test Issues; where the Parties agree that there is sufficient time prior to the relevant Milestone Date, the Customer may extend the Testing Strategy Plan by such reasonable period or periods as the Parties may reasonably agree and require the Supplier to rectify the cause of the Test Issue and re-submit the Deliverables (or the relevant part) to Testing; or where the failure to satisfy the Test Success Criteria results, or is likely to result, in the failure (in whole or in part) by the Supplier to meet a Milestone, then without prejudice to the Customer’s other rights and remedies, such failure shall constitute a material Default. The Customer shall be entitled, without prejudice to any other rights and remedies that it has under this Call Off Contract, to recover from the Supplier any reasonable additional costs it may incur as a direct result of further review or re-Testing which is required for the Test Success Criteria for that Deliverable to be satisfiedNetwork Rail.

TEST QUALITY AUDIT. 18.1 Without prejudice to its rights pursuant to Clause 20 of this Call Off Contract clause 24 (Records, Audit Access and Open Book DataAudits), the Customer or an agent or contractor appointed by the Customer Authority may perform on-going quality audits in respect of any part of the Testing (each a "Testing Quality Audit") subject to the provisions set out in the agreed Quality Plan. [Guidance: a cross-reference to the Quality Plan should be inserted here if it is appended to the Agreement] 18.2 The focus of the Testing Quality Audits shall will be on: : 18.2.1 adherence to an agreed methodology; ; 18.2.2 adherence to the agreed Testing process; ; 18.2.3 adherence to the Quality Plan; ; 18.2.4 review of status and key development issues; and and 18.2.5 identification of key risk areas. . 18.3 The Supplier Contractor shall allow sufficient time in the Testing Strategy Test Plan to ensure that adequate responses to a Testing Quality Audit can be provided. . 18.4 The Customer Authority will give the Supplier Contractor at least 5 [ ] Working Days' written notice of the CustomerAuthority’s intention to undertake a Testing Quality Audit and the Supplier Contractor may request, following receipt of that notice, that any Testing Quality Audit be delayed by a reasonable time period if in the SupplierContractor’s reasonable opinion, the carrying out of a Testing Quality Audit at the time specified by the Customer Authority will materially and adversely impact the Implementation Plan. . 18.5 A Testing Quality Audit may involve document reviews, interviews with the Supplier Personnel Contractor personnel involved in or monitoring the activities being undertaken pursuant to this Scheduleschedule, the Customer Authority witnessing Tests and demonstrations of the Deliverables to the CustomerAuthority. Any Testing Quality Audit shall be limited in duration to a maximum time to be agreed between the Supplier Contractor and the Customer Authority on a case by case basis (such agreement not to be unreasonably withheld or delayed). The Supplier Contractor shall provide all reasonable necessary assistance and access to all relevant documentation required by the Customer Authority to enable it to carry out the Testing Quality Audit. . 18.6 If the Testing Quality Audit gives the Customer Authority concern in respect of the Testing Procedures or any Test, the Customer shall: Authority will discuss the outcome of the Testing Quality Audit with the SupplierContractor, giving the Supplier Contractor the opportunity to provide feedback in relation to specific activities; , and subsequently prepare a written report for the Supplier Contractor detailing its concerns, and the Supplier same to which the Contractor shall, within a reasonable timeframe, respond in writing to the Customer’s report. writing. 18.7 In the event of an inadequate response to the written report from the SupplierContractor, the Customer Authority (acting reasonably) may withhold a Test Certificate (and consequently delay the grant of a Satisfaction Milestone Achievement Certificate) until the issues in the report have been addressed to the reasonable satisfaction of the Customer. The Customer will issue a Test Certificate when the Deliverables satisfy the Test Success Criteria in respect of that Test without any Test Issues. If the Deliverables (or any relevant part) do not satisfy the Test Success Criteria then the Customer shall notify the Supplier and: the Customer may issue a Test Certificate conditional upon the remediation of the Test Issues; where the Parties agree that there is sufficient time prior to the relevant Milestone Date, the Customer may extend the Testing Strategy Plan by such reasonable period or periods as the Parties may reasonably agree and require the Supplier to rectify the cause of the Test Issue and re-submit the Deliverables (or the relevant part) to Testing; or where the failure to satisfy the Test Success Criteria results, or is likely to result, in the failure (in whole or in part) by the Supplier to meet a Milestone, then without prejudice to the Customer’s other rights and remedies, such failure shall constitute a material Default. The Customer shall be entitled, without prejudice to any other rights and remedies that it has under this Call Off Contract, to recover from the Supplier any reasonable additional costs it may incur as a direct result of further review or re-Testing which is required for the Test Success Criteria for that Deliverable to be satisfiedAuthority.