Testing, Acceptance and Rejection Sample Clauses

Testing, Acceptance and Rejection. (a) Onyx or its designee may test each Batch of Drug Substance within thirty (30) days of receipt (the "ACCEPTANCE PERIOD") for compliance with XOMA's warranties in Section 8.1(a). By the end of the Acceptance Period, Onyx will either accept such Batch or reject it for non-compliance with XOMA's warranties in Section 8.1(a). Any such notice of rejection shall be in writing and shall indicate the reasons for such rejection. If XOMA does not receive a notice of rejection by the end of the Acceptance Period, Onyx shall be deemed to have accepted such Batch. Once Onyx accepts a Batch, Onyx shall have no recourse against XOMA if the product is subsequently deemed unsuitable for use for any reason, except as provided in Sections 5.6(b) and (c) and 9.2.
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Testing, Acceptance and Rejection. Upon Schering’s receipt of each batch of clinical supply of the Product, Schering or its designee shall have thirty (30) days to inspect such batch to determine its compliance with the Specifications. If Schering does not notify Sonus of Schering’s rejection of a batch of said Product within such thirty (30) day period, such Product shall be deemed accepted subject to Product warranties under Section 7.1. If Schering rejects any batch of Product (“Defective Product”), Sonus shall promptly notify Schering in writing if it either: (a) agrees with the rejection, in which event Sonus shall promptly replace such Defective Product with Product complying with the Specifications to the extent it is able to do so under the MSA and shall request in writing that Schering either return or destroy the rejected batch of Product at no additional cost to Schering; or (b) dispute Schering’s rejection. If Sonus disputes Schering’s rejection, then the Parties shall engage a mutually acceptable Third Party laboratory to make a final and binding determination if the rejection was proper. The fees and expenses of such laboratory testing shall be borne entirely by the Party against whom such findings are made. If such laboratory determines that such batch of Product has not been reasonably rejected, then such batch shall automatically be deemed to have been accepted by Schering, and if it has not already done so, Schering will pay the amount for the batch of Product initially rejected by Schering. If such laboratory determines that such batch of Product has been reasonably rejected, or if Sonus agrees with Schering’s rejection, then Sonus shall promptly replace such Defective Product with Product complying with the Specifications.
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Testing, Acceptance and Rejection. ElectraNet may test the Goods as it sees fit:
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Testing, Acceptance and Rejection 
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Related to Testing, Acceptance and Rejection

  • Acceptance and Rejection a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer.

  • Acceptance; Rejection A holder of Notes may accept the offer to prepay made pursuant to this Section 8.3 by causing a notice of such acceptance to be delivered to the Company not later than 15 days after receipt by such holder of the most recent offer of prepayment. A failure by a holder of Notes to respond to an offer to prepay made pursuant to this Section 8.3 shall be deemed to constitute a rejection of such offer by such holder.

  • Acceptance Testing At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters.

  • Order Acceptance All orders are subject to acceptance only at Seller’s facility in Farmington, Connecticut. These Terms of Sale shall be deemed accepted by Buyer upon Seller’s receipt of Purchase Order from Buyer. No condition stated by Buyer shall be binding upon Seller if in conflict with, inconsistent with or in addition to the Terms of Sale, unless expressly accepted in a writing signed by Seller. In the event of conflict or differences in the terms or conditions of Buyer’s Purchase Order and the Terms of Sale herein, the Terms of Sale shall govern.

  • Final Acceptance When the Project/Service or any portion thereof, as designated by the COUNTY, is ready for its intended use, the COUNTY and any other invited parties shall make an inspection of the Project/Service, to verify its completeness and develop a punch list of items needing completion or correction before final payment will be made. CONTRACTOR shall have ten (10) calendar days to correct all deficiencies. An eighty-dollar ($80.00) re-inspection fee shall be applied for the third inspection and any required re-inspection thereafter. The COUNTY shall have the right to exclude CONTRACTOR from those portions of the work designated as complete after the inspection; provided, however, that CONTRACTOR will have reasonable access for the time allotted by the COUNTY to complete or correct items on the punch list. When the work provided for under this Agreement has been completely performed by CONTRACTOR, and the final inspection has been made by the COUNTY, a final invoice will be prepared by the CONTRACTOR. The amount of this invoice, less any sums that may have been deducted or retained under the provisions of this Agreement, will be paid to CONTRACTOR in accordance with this Agreement, and after CONTRACTOR has agreed in writing to accept the balance due, as determined by the COUNTY, as full settlement of the account under the contract and of all claims in connection therewith. Occupancy by the COUNTY alone does not constitute final acceptance.

  • Acceptance Criteria 6.7.2.1. During the test there shall be no evidence of:

  • Conditions of Offering; Acceptance and Purchases Any Offering will be subject to delivery of the Securities and their acceptance by us and any other Underwriters, may be subject to the approval of all legal matters by counsel and the satisfaction of other conditions, and may be made on the basis of reservation of Securities or an allotment against subscription. We will advise you by telecopy, telex or other form of written communication ("Written Communication", which term, in the case of any Offering described in Section 3(a) or 3(b) hereof, may include a prospectus or offering circular) of the particular method and supplementary terms and conditions (including, without limitation, the information as to prices and the offering date referred to in Section 3(c) hereof) of any Offering in which you are invited to participate. To the extent such supplementary terms and conditions are inconsistent with any provision herein, such terms and conditions shall supersede any such provision. Unless otherwise indicated in any such Written Communication, acceptances and other communications by you with respect to an Offering should be sent to the appropriate Syndicate Department of Xxxxxxx Xxxxx Barney Inc. We may close the subscription books at any time in our sole discretion without notice, and we reserve the right to reject any acceptance in whole or in part. Unless notified otherwise by us, Securities purchased by you shall be paid for on such date as we shall determine, on one day's prior notice to you, by wire transfer payable in immediately available funds to the order of Xxxxxxx Xxxxx Xxxxxx Inc., in an amount equal to the Public Offering Price (as hereinafter defined) or, if we shall so advise you, at such Public Offering Price less the Concession (as hereinafter defined). If Securities are purchased and paid for at such Public Offering Price, such Concession will be paid after the termination of the provisions of Section 3(c) hereof with respect to such Securities. Unless notified otherwise by us, payment for and delivery of Securities purchased by you shall be made through the facilities of The Depository Trust Company, if you are a member, unless you have otherwise notified us prior to the date specified in a Written Communication to you from us or, if you are not a member, settlement may be made through a correspondent who is a member pursuant to instructions which you will send to us prior to such specified date.

  • Acceptance or Rejection (a) The undersigned understands and agrees that the Company reserves the right to reject this subscription for the Shares if, in its reasonable judgment, it deems such action in the best interest of the Company, at any time prior to the Closing, notwithstanding prior receipt by the undersigned of notice of acceptance of the undersigned's subscription.

  • Acceptance and Term The Company agrees to employ Employee, and Employee agrees to serve the Company, on the terms and conditions set forth herein. The Term of this Agreement shall commence on the Effective Date and continue thereafter until terminated in accordance with, and subject to the provisions of, Section 8 hereof.

  • Engagement; Acceptance The Issuer engages Xxxxxxx Fixed Income Services LLC to act as the Asset Representations Reviewer for the Issuer. Xxxxxxx Fixed Income Services LLC accepts the engagement and agrees to perform the obligations of the Asset Representations Reviewer on the terms in this Agreement.

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