Common use of Testing and Acceptance Clause in Contracts

Testing and Acceptance. To the extent a particular Statement of Work specifically identifies Services or deliverables for which Intuit’s acceptance is required, Intuit may, in accordance with any additional terms set forth in an applicable Statement of Work, conduct acceptance tests to verify whether the Services and/or the deliverables substantially conform to the applicable specifications set forth in the applicable Statement of Work or any written documentation provided by Contractor for the Services and/or deliverables. Intuit shall have fifteen (15) days after completion of the applicable Services, or such other period as may be mutually agreed upon as set forth in the applicable Statement of Work (the “Acceptance Period”), to perform such tests. If Intuit notifies Contractor of any material non-conformities with such specifications in any of the Services and/or the deliverables (each, a “Nonconformity” and collectively, the “Non-conformities”) in writing within the applicable Acceptance Period, Contractor promptly shall either demonstrate to Intuit that no such Non-Conformities exist or use commercially reasonable efforts to correct such Non-conformities at its own expense and notify Intuit in writing when such corrections are complete. Intuit then shall have the right to test the corrected Services and/or deliverables, as upon the initial completion of the applicable Services as set forth above. If Intuit accepts the Services and/or deliverables, as determined by Intuit as set forth above, Intuit shall sign the acceptance certificate, attached hereto as Exhibit D. If Intuit does not sign the acceptance certificate or notify Contractor of any material Non-conformities within the applicable Acceptance Period, Intuit shall be deemed to have “Rejected” the Services and/or the deliverables and the parties will address any such Rejection as set forth in the applicable Statement of Work. Should Contractor fail to correct a Nonconformity within sixty (60) days after receiving written notice thereof from Intuit, or such longer period as may be mutually agreed upon in the applicable Statement of Work, Intuit may terminate the applicable Statement of Work, without prejudice to its rights and remedies hereunder and without any further obligation to Contractor other than the payment to Contractor of any and all fees incurred by Contractor through the effective date of such termination pursuant to the applicable Statement of Work.

Testing and Acceptance. To ‌ 11.1 Where specifically required by a Service Schedule, the extent a particular Statement following testing and acceptance provisions in this Section 11 will apply. 11.2 Following the configuration and installation of Work specifically identifies Services or deliverables for which Intuit’s acceptance is required, Intuit maythe Deliverables by Ergo, in accordance with any additional terms set forth the Service Schedule, Ergo shall conduct its standard tests in an applicable Statement order to ensure that the Deliverables are suitable for the performance of WorkAcceptance Tests by the Customer. Any defects, conduct acceptance faults or failures identified by Xxxx in the performance of such tests and which are attributable to verify whether the Services and/or the deliverables substantially conform Ergo shall be, either, notified to the applicable specifications set forth Customer and or remedied by Xxxx. In the event of Ergo notifying the Customer of any such defects, faults or failures, the Customer may, at its discretion, either, request Ergo to remedy or procure to be remedied the defects, faults or failures, or alternatively, may proceed to carry out Acceptance Tests in relation to such Deliverables in whole or in part. 11.3 The Customer shall conduct the Acceptance Tests in respect of all Deliverables in the applicable Statement manner set out in the Service Schedule and in accordance with the Acceptance Periods provided therein. The Acceptance Tests shall be sufficiently suitable to test whether all Deliverables comply with the Business Requirements and Functional Specification as set out in the Service Schedule. Upon passing the relevant Acceptance Tests, the Deliverables or that part of Work or any written documentation provided it (if not the whole) shall be deemed accepted (“Acceptance”). 11.4 If the Customer does not complete the Acceptance Tests within the Timescales set out in the relevant Service Schedule, the Deliverables will be deemed to have been accepted by Contractor for the Services and/or deliverables. Intuit Customer and the provisions of Section 11.5 apply accordingly. 11.5 The Deliverables shall have fifteen (15) days after completion be recorded as accepted in accordance with Acceptance Test Bug Criteria set out in the relevant Service Schedule. 11.6 Upon Acceptance, Xxxx will become entitled to the payment of the applicable ServicesCharges associated with the Milestone in question, or such other period as may be mutually agreed upon as set forth out in the applicable Statement relevant Service Schedule. 11.7 In default of Work (Final Acceptance Tests being carried out by the “Acceptance Period”), to perform Customer after a period of 7 days from the date upon which upon such tests. If Intuit notifies Contractor of any material non-conformities with such specifications in any of the Services and/or the deliverables (each, a “Nonconformity” and collectivelytests are due, the “Non-conformities”) in writing within the applicable Acceptance Period, Contractor promptly shall either demonstrate to Intuit that no such Non-Conformities exist or use commercially reasonable efforts to correct such Non-conformities at its own expense and notify Intuit in writing when such corrections are complete. Intuit then shall have the right to test the corrected Services and/or deliverables, as upon the initial completion of the applicable Services as set forth above. If Intuit accepts the Services and/or deliverables, as determined by Intuit as set forth above, Intuit shall sign the acceptance certificate, attached hereto as Exhibit D. If Intuit does not sign the acceptance certificate or notify Contractor of any material Non-conformities within the applicable Acceptance Period, Intuit Deliverables shall be deemed to have “Rejected” been accepted by the Services and/or the deliverables Customer and the parties Customer shall be deemed to have completed and executed the Acceptance Certificate. In the event of such Acceptance Certificate issuing by default, Ergo will address any such Rejection as be deemed to have discharged its obligations to the Customer under the Agreement in respect of those Deliverables. 11.8 Ergo shall not be liable for the inadequacy or otherwise of the Acceptance Tests or the Final Acceptance Tests carried out by the Customer on the Deliverables. 11.9 Ergo shall, in accordance with the Timescales set forth out in the applicable Statement relevant Service Schedule, furnish to the Customer a status report outlining progress by reference to the Service Schedule and the Milestones and any Change Requests or delays affecting the provision of Work. Should Contractor fail the Deliverables. 11.10 The parties shall make their respective representatives available to correct a Nonconformity within sixty (60) days after receiving written meet each other at all times during the Engagement Duration of the relevant Service Schedule subject to reasonable notice thereof from Intuit, or such longer period as may be mutually agreed upon in the applicable Statement of Work, Intuit may terminate the applicable Statement of Work, without prejudice to its rights and remedies hereunder and without any further obligation to Contractor other than the payment to Contractor of any and all fees incurred by Contractor through the effective date of such termination pursuant to meetings being provided by the applicable Statement of Workrequesting party. Such meetings shall occur regularly as agreed between the parties.

Testing and Acceptance. To 9.1 Prior to the extent agreement of the Change Request the Customer will be responsible for defining: 9.1.1 Any testing that is required to be carried out by the Service Provider prior to making the new Service(s) available to the Customer in a particular Statement of Work specifically identifies Services or deliverables for which Intuit’s acceptance is required, Intuit may, in accordance with any additional terms set forth in an applicable Statement of Work, conduct acceptance non-production environment 9.1.2 The tests that they intend to perform to verify the new Service(s) in a non- production environment. This shall include agreed test scripts to be run, which tests or subset of tests will be required to be successful to determine Acceptance, and the timetable for the testing including which new Service(s) will be tested and when. 9.2 The testing criteria that shall be applied to determine whether the Services and/or tests have been successfully completed shall be agreed between the deliverables substantially conform to the applicable specifications set forth parties in the applicable Statement of Work or any written documentation provided by Contractor for the Services and/or deliverables. Intuit shall have fifteen writing (15) days after completion of the applicable Services, or such other period as may be mutually agreed upon as set forth in the applicable Statement of Work (the “Acceptance Period”), to perform such tests. If Intuit notifies Contractor of any material non-conformities with such specifications in any of the Services and/or the deliverables (each, a “Nonconformity” and collectivelyhereafter, the “Non-conformitiesTesting Criteria”). 9.3 When the Customer is satisfied that the Testing Criteria have been met, then the new Service(s) in writing within shall be released to the applicable Acceptance Period, Contractor promptly shall either demonstrate to Intuit that no such Non-Conformities exist or use commercially reasonable efforts to correct such Non-conformities at its own expense and notify Intuit in writing when such corrections are completeCustomer’s production environment. Intuit then shall have the right to test the corrected Services and/or deliverables, as upon the initial completion of the applicable Services as set forth above. If Intuit accepts the Services and/or deliverables, as determined by Intuit as set forth above, Intuit shall sign the acceptance certificate, attached hereto as Exhibit D. If Intuit does not sign the acceptance certificate or notify Contractor of any material Non-conformities within the applicable Acceptance Period, Intuit Such a release shall be deemed to have “Rejected” be the Services and/or Customer’s Acceptance of the deliverables new Service(s). 9.4 Where the Change Request is to provide effort on a time and materials basis, then the Change Request is deemed completed and Accepted on completion of the stipulated time and materials. 9.5 Any Customer initiated (i.e. from their request) deployment of the new Service(s) to a production environment will be deemed Acceptance regardless of any performance against the Testing Criteria. 9.6 If a new Service fails to satisfy the Testing Criteria prior to Acceptance, then the Customer must raise the defect to the Service Provider along with all relevant details of the circumstances around the occurrence and nature of the defect. The Service Provider will implement such fixes to the new Service(s) (as per the terms and Charges of the Change Request) as are necessary to enable it to pass the tests agreed in paragraph 9. 1. The Service Provider shall complete the fixes as soon as reasonably possible, to enable where possible any relevant Project Plan milestone to be achieved. 9.7 If a new Service has not been used in a production environment, and the parties will address any such Rejection as set forth Testing Criteria agreed in accordance with clause 9.2 are not satisfied, and the applicable Statement of Work. Should Contractor fail Service Provider is unable to correct the new Service(s) by satisfying the Testing Criteria within a Nonconformity within sixty period of three (603) days after receiving written notice thereof months from Intuitthe planned commencement of carrying out the tests set down in clause 9.1, or such longer period as the Customer may choose to reject the new Service(s). In this event, the Customer shall not be mutually agreed upon in the applicable Statement of Work, Intuit may terminate the applicable Statement of Work, without prejudice to its rights and remedies hereunder and without any further obligation to Contractor other than the payment to Contractor of any and all fees incurred by Contractor through the effective date of such termination pursuant liable to the applicable Statement of Workfees (or part thereof) specifically relating to the new Service(s) in question.

Testing and Acceptance. To 6.1 Nortel Networks shall Install (where contracted to do so) all Equipment and Software to be ready for Acceptance Tests no later than the extent a particular Statement of Work specifically identifies Services or deliverables for which Intuit’s acceptance is required, Intuit may, scheduled In-Service Date in accordance with any additional terms set forth in an applicable Statement of Work, conduct acceptance tests to verify whether the Services and/or the deliverables substantially conform to the applicable specifications set forth in the applicable Statement of Work or any written documentation provided by Contractor for the Services and/or deliverablesPurchase Order. Intuit shall have fifteen (15) days after Upon completion of the applicable Services, or such other period as may be mutually agreed upon as set forth in the applicable Statement of Work (the “Acceptance Period”), to perform such tests. If Intuit notifies Contractor of any material non-conformities with such specifications in any Installation of the Services and/or the deliverables (eachEquipment and Software or portions thereof, a “Nonconformity” and collectively, the “Non-conformities”) in writing within the applicable Acceptance Period, Contractor promptly Nortel Networks shall either demonstrate to Intuit that no such Non-Conformities exist or use commercially reasonable efforts to correct such Non-conformities at its own expense and notify Intuit in writing when such corrections are complete. Intuit then shall have the right to test the corrected Services and/or deliverables, Equipment and Software in accordance with the Acceptance Test Plan ("Acceptance Tests") attached as upon the initial completion part of the applicable Services as set forth above. If Intuit accepts the Services and/or deliverables, as determined by Intuit as set forth above, Intuit shall sign the acceptance certificate, attached hereto as Exhibit D. If Intuit does not sign the acceptance certificate or notify Contractor of any material Non-conformities within the applicable Acceptance Period, Intuit shall be deemed to have “Rejected” the Services and/or the deliverables and the parties will address any such Rejection as set forth in the applicable Statement of Work. Should Contractor fail to correct a Nonconformity within sixty (60) days after receiving written notice thereof from Intuit, or such longer period as may be mutually agreed upon in the applicable Statement of Work, Intuit may terminate the applicable Statement of Work, without prejudice to its rights and remedies hereunder and without any further obligation to Contractor other than the payment to Contractor of any and all fees incurred by Contractor through the effective date of such termination pursuant to the applicable Statement of Work. 6.2 Acceptance Tests will be conducted on the Equipment and Software to demonstrate that each item of Equipment and Software comprising a part of the System, as Installed, will operate in accordance with the Specifications. 6.3 Nortel Networks shall notify Customer at least five (5) days before the date on which the Acceptance Tests shall be conducted. If Customer or its representative does not attend the Acceptance Tests, Nortel Networks shall proceed with the tests and immediately forward the test results (including actual test sequences, deviations, and retests necessary to obtain successful conclusion) to Customer. If Customer or its representative (which representative shall be bound by all confidentiality requirements applicable to Customer) attends the Acceptance Tests, Nortel Networks and Customer or its representative shall jointly conduct the Acceptance Tests and shall each sign the form provided as part of the test procedure. If the Equipment or Software does not fulfill all of the requirements of the applicable Acceptance Tests and such failure is a result of any breach of any provision or obligation of Nortel Networks under this Agreement or is caused by any item of Equipment or Software, or any Service, provided by Nortel Networks, Nortel Networks shall, at its sole expense, correct the defects as soon as practicable. The Acceptance Tests (or so much of them as necessary) shall be recommenced immediately after such correction in accordance with this Section 6.3. Upon successful completion of the applicable Acceptance Tests, Nortel Networks shall submit to Customer written notice thereof along with Acceptance forms certifying all of the test results and stating that all of the applicable Equipment and/or Software has been Accepted in accordance with all of the requirements of this Agreement and that the same performs in accordance with the Specifications. Customer shall sign or reject such Acceptance forms within five (5) Business Days of receipt thereof to signify that the Equipment and/or Software is Accepted or is not Accepted. In the absence of a notice of rejection given in good faith within such five (5) Business Day period, such Equipment and/or Software shall be deemed Accepted. Any notice of rejection shall be given in writing to Nortel Networks' project manager. If there is a dispute as to whether the Equipment and/or Software has passed the applicable Acceptance Tests, the parties shall use reasonable best efforts (which shall include escalation of such dispute to a senior management level) to resolve the dispute as soon as practicable or it shall be submitted to the Third Party Engineer pursuant to Article 38. 6.4 Customer shall not unreasonably withhold Acceptance. Minor deficiencies recorded in the test results or minor shortages which would not affect service to subscribers, data collection regarding billing, administration, maintenance or the commercial operation of the Equipment, Software or the System or create a safety hazard for personnel shall not postpone the issuance of Acceptance forms pursuant to this Article

Testing and Acceptance. To At the extent a particular Statement dates set out therefore in the Development Programme, the Customer shall commence the preparation of Work specifically identifies Services or deliverables for which Intuit’s acceptance is required, Intuit may, the Acceptance Tests. The Supplier shall advise the Customer in accordance with any additional terms set forth in an applicable Statement of Work, conduct acceptance tests to verify whether the Services and/or the deliverables substantially conform relation to the applicable specifications set forth in the applicable Statement of Work or any written documentation provided by Contractor for the Services and/or deliverablesAcceptance Tests. Intuit shall have fifteen (15) days after completion Selection of the applicable Services, or such other period as may Acceptance Tests shall be mutually agreed upon as set forth in at the applicable Statement of Work (the “Acceptance Period”), to perform such tests. If Intuit notifies Contractor of any material non-conformities with such specifications in any discretion of the Services and/or Customer but is subject to the deliverables (each, a “Nonconformity” and collectively, approval of the “Non-conformities”) in writing within Supplier not to be unreasonably withheld. The Supplier shall only be entitled to reject the applicable Acceptance Period, Contractor promptly shall either demonstrate to Intuit that no such Non-Conformities exist or use commercially reasonable efforts to correct such Non-conformities at its own expense and notify Intuit in writing when such corrections are complete. Intuit then shall have Tests suggested by the right to test the corrected Services and/or deliverables, as Customer upon the initial completion of basis that they require the applicable Services as set forth aboveWebsite to operate in a manner not provided for by the Specification. If Intuit accepts the Services and/or deliverables, as determined by Intuit as set forth above, Intuit shall sign the acceptance certificate, attached hereto as Exhibit D. If Intuit does not sign the acceptance certificate or notify Contractor of any material Non-conformities within the applicable Acceptance Period, Intuit The Supplier shall be deemed to have accepted the Acceptance Tests if he neither approves nor rejects them within 7 business days of their disclosure by the Customer. The Development Programme shall be split into [two] phases, accordingly Acceptance Tests for each phase shall commence on the completion date of each phase as set out in the Development Programme. save for phase 1 of the Development Programme all phases of the Development Programme shall not commence until the previous phase has been successfully completed in accordance with this clause 7 and written confirmation from the Customer. Following delivery and installation of each phase of the Website, the Customer shall carry out the Acceptance Tests or procure the carrying out of them at the time fixed. If the Project Co-ordinator in his sole discretion considers that each phase of the Website has materially failed to pass the Acceptance Tests, he shall promptly give written notice to the Supplier specifying why he considers that that phase of the Website has failed. On receipt of this notice the Supplier shall, subject to clause 7.4, free of charge to the Customer determine the causes for the failure and advise the Customer of them, and make the changes to the Website (including corrections or enhancements to the software used) necessary to ensure that it will pass the Acceptance Tests and perform in accordance with the Specifications (achievement of such passing and performance being referred to as 'successful completion'). Following the making of any such changes the Customer shall repeat or procure the repetition of such of the Acceptance Tests for each phase as are necessary on the same terms as set out above. If the Website fails the Acceptance Tests and on investigation pursuant to clause 7.3 this proves to be as a result of an error by the Customer, the Supplier shall be entitled to charge for the costs of investigation and of making the changes that are necessary and agreed at the Supplier Scale. The Supplier shall ensure that completion of each phase occurs on or before the date set out in the Development Programme for completion to occur. The date of successful completion shall be the date upon which the Customer accepts that it has occurred, (“Rejected” the Services and/or Acceptance Date”). If any delay in achieving successful completion is due to delay or error beyond the deliverables and control of the Supplier, the relevant dates set out in the Development Programme shall be deemed deferred as agreed between the parties will address or determined by an expert's decision. Notwithstanding any such Rejection as set forth in provisional acceptance or use of each phase of the applicable Statement Website by the Customer, final acceptance of Work. Should Contractor fail to correct a Nonconformity within sixty (60) days after receiving written notice thereof from Intuit, or such longer period as may each phase shall not occur until successful completion and shall be mutually agreed upon in the applicable Statement of Work, Intuit may terminate the applicable Statement of Work, without prejudice to its any of the Customer's rights and remedies hereunder and without any further obligation to Contractor other than the payment to Contractor set out in this agreement. Risk of loss or damage of any kind to the Website, the software used, the Content or the documentation related to it shall pass to the Customer only upon successful completion. In consideration of performance of the Supplier's duties under this agreement, the Customer shall pay the Supplier the Price according to the Terms of Payment. The Price is inclusive of all labour and materials but excludes: VAT, and expenses as provided in clause 8.6. All payments made to the Supplier by the Customer shall be made within 20 business days after receipt of a VAT invoice from the Supplier. All payments shall be made in pounds sterling and by a cheque or bank transfer to the account of the Supplier at a bank to be nominated in writing by the Supplier. The Supplier will satisfy himself as to the extent and nature of the activities to be carried out by him under the Project and obtain all necessary information as to the risk, contingencies and all fees other circumstances influencing the inclusiveness of the Price and the correctness and sufficiency of other rates and prices (if any) used to calculate the Price. The Price shall not be subject to any adjustment or increase whatsoever. Payment by the Customer of any sum under this agreement shall be without prejudice to any claims or rights the Customer may have against the Supplier and shall not constitute any admission by the Customer as to the performance by the Supplier of his obligations under this agreement. The Supplier Scale may be decreased or increased, but any increase in the scale shall be reasonable, shall be in line with any increase for other customers of the Supplier and shall only take effect one month after notice of the increase has been given to the Customer. The Supplier shall be entitled to recover from the Customer his reasonable incidental expenses for materials used during the Project and for third party goods and services supplied to the Project, subject to the following provisions: the Supplier shall provide a monthly summary of third party expenses incurred by Contractor through him in connection with the effective date Project and such expenses will be invoiced on a monthly basis with reasonable supporting documentation; subject to clause 8.6.5, any third party expense that is reasonably expected to be more than £50.00 in relation to any particular matter shall require the prior written approval of such termination pursuant the Customer before it is incurred; subject to clause 8.6.5, the third party expenses to be reasonably incurred by the Supplier in connection with the Project shall not exceed £50.00 in total; thereafter any third party expenses to be incurred by the Supplier shall require the prior written approval of the Customer; subject to clause 8.6.5, any expense to be incurred by the Supplier as a consequence of any amendment agreed by the parties to the applicable Statement terms of Workthe Project shall be agreed by the parties and for the avoidance of doubt shall be outside the scope of the provisions outlined immediately above; any travel and subsistence expenses shall be paid in accordance with UK Sport’s travel and subsistence policy in force from time to time. The Customer grants to the Supplier a royalty-free, worldwide, non-exclusive licence to use the Customer Content for the purposes of the Project. The Supplier assigns all right, title and interest (including all intellectual property rights) in the Website Design, the Tool Kit and the Web Pages to the Customer with full title guarantee and shall procure to obtain such assignment from any of his sub-contractors to the Customer. In so far as the Supplier is entitled to do so, the Supplier assigns all right, title and interest (including all intellectual property rights) in the parts of the Content designed by the Supplier in the course of the Project to the Customer with full title guarantee. Where any of the rights (including all intellectual property rights) in the Content, Website Design, the Tool Kit and the Web Pages are licensed from a third party the Supplier shall ensure that it is licensed to the Customer and the license does not inhibit the Customer’s ability to use the Content, Website Design, the Tool Kit and the Web Pages including, where appropriate, the ability to copy to provide back-up facilities and to modify and develop such intellectual property.

Testing and Acceptance. To 7.1 At the extent a particular Statement dates set out therefore in the Development Programme, the Customer shall commence the preparation of Work specifically identifies Services or deliverables for which Intuit’s acceptance is required, Intuit may, the Acceptance Tests. The Supplier shall advise the Customer in accordance with any additional terms set forth in an applicable Statement of Work, conduct acceptance tests to verify whether the Services and/or the deliverables substantially conform relation to the applicable specifications set forth in the applicable Statement of Work or any written documentation provided by Contractor for the Services and/or deliverablesAcceptance Tests. Intuit shall have fifteen (15) days after completion Selection of the applicable Services, or such other period as may Acceptance Tests shall be mutually agreed upon as set forth in at the applicable Statement of Work (the “Acceptance Period”), to perform such tests. If Intuit notifies Contractor of any material non-conformities with such specifications in any discretion of the Services and/or Customer but is subject to the deliverables (each, a “Nonconformity” and collectively, approval of the “Non-conformities”) in writing within Supplier not to be unreasonably withheld. The Supplier shall only be entitled to reject the applicable Acceptance Period, Contractor promptly shall either demonstrate to Intuit that no such Non-Conformities exist or use commercially reasonable efforts to correct such Non-conformities at its own expense and notify Intuit in writing when such corrections are complete. Intuit then shall have Tests suggested by the right to test the corrected Services and/or deliverables, as Customer upon the initial completion of basis that they require the applicable Services as set forth aboveWebsite to operate in a manner not provided for by the Specification. If Intuit accepts the Services and/or deliverables, as determined by Intuit as set forth above, Intuit shall sign the acceptance certificate, attached hereto as Exhibit D. If Intuit does not sign the acceptance certificate or notify Contractor of any material Non-conformities within the applicable Acceptance Period, Intuit The Supplier shall be deemed to have accepted the Acceptance Tests if he neither approves nor rejects them within 7 days of their disclosure by the Customer. 7.2 The Development Programme shall be split into three phases, accordingly Acceptance Tests for each phase shall commence on the completion date of each phase as set out in the Development Programme. save for phase 1 of the Development Programme all phases of the Development Programme shall not commence until the previous phase has been successfully completed in ac- cordance with this clause 7 and written confirmation from the Customer. 7.3 Following delivery and installation of each phase of the Website, the Customer shall carry out the Acceptance Tests or procure the carrying out of them at the time fixed. If the Project Co-ordinator in his sole discretion considers that each phase of the Website has materially failed to pass the Ac- ceptance Tests, he shall promptly give written notice to the Supplier specifying why he considers that that phase of the Website has failed. On receipt of this notice the Supplier shall, subject to clause 7.4, free of charge to the Customer determine the causes for the failure and advise the Customer of them, and make the changes to the Website (including corrections or enhancements to the software used) necessary to ensure that it will pass the Acceptance Tests and perform in accordance with the Specifications (achievement of such passing and performance being referred to as 'successful completion'). Following the making of any such changes the Customer shall repeat or procure the repetition of such of the Acceptance Tests for each phase as are necessary on the same terms as set out above. 7.4 If the Website fails the Acceptance Tests and on investigation pursuant to clause 7.3 this proves to be as a result of an error by the Customer, the Supplier shall be entitled to charge for the costs of investigation and of making the changes that are necessary and agreed at the Supplier Scale. 7.5 The Supplier shall ensure that completion of each phase occurs on or before the date set out in the Development Programme for completion to occur. The date of successful completion shall be the date upon which the Customer accepts that it has occurred, (“Rejected” the Services and/or Acceptance Date”). If any delay in achieving successful completion is due to delay or error beyond the deliverables and control of the Supplier, the relevant dates set out in the Development Programme shall be deemed deferred as agreed be- tween the parties will address or determined by an expert's decision. 7.6 Notwithstanding any such Rejection as set forth in provisional acceptance or use of each phase of the applicable Statement Website by the Customer, final acceptance of Work. Should Contractor fail to correct a Nonconformity within sixty (60) days after receiving written notice thereof from Intuit, or such longer period as may each phase shall not occur until successful completion and shall be mutually agreed upon in the applicable Statement of Work, Intuit may terminate the applicable Statement of Work, without prejudice to its any of the Customer's rights and remedies hereunder and without any further obligation to Contractor other than the payment to Contractor set out in this agreement. 7.7 Risk of loss or damage of any and all fees incurred by Contractor through the effective date of such termination pursuant kind to the applicable Statement of WorkWebsite, the software used, the Content or the docu- mentation related to it shall pass to the Customer only upon successful completion.