Testing Failure. In the event that any of the Acceptance Tests establishes that the Platform does not perform in accordance with the required specifications and performance standards, USC shall forthwith notify 2tor in reasonable detail and suggesting how USC would like such failure to be remedied, and 2tor shall, at its expense and promptly after receipt of USC’s notice, modify or improve the Platform to ensure that the Platform performs in accordance with such specifications and performance standards. 2tor and USC shall thereafter conduct further the Acceptance Tests as needed, and 2tor shall modify or improve the Platform as necessary. The Program Launch shall be delayed until both parties are satisfied with the Acceptance Tests at least as to the essential functions of the Platform as such essential functions are reasonably agreed upon by the parties following delivery and approval of the Platform specifications, standards and service level agreements pursuant to paragraph 1.H.i above, and 2tor and USC shall thereafter continue Acceptance Tests until they have been completed to the reasonable satisfaction of both parties. Failure of the Platform to meet the specifications and performance standards necessary to run the essential functions of the Platform after June 1, 2009, or for such additional period as the parties may mutually agree, shall constitute a material default by 2tor entitling USC to terminate this Agreement pursuant to Section 5(C) below.
Testing Failure. If the initial acceptance testing does not yield expected results, Licensor will, at its own cost, correct the errors and repeat the acceptance testing again under the same testing conditions as the initial test in the presence of Licensee or its authorized representatives. If the subsequent acceptance testing also fails to yield expected results and such failure is reasonably determined to be caused solely by the Licensed Software, Licensee may terminate this Agreement upon written notice to Licensor. On termination, Licensor will refund any and all license fees already paid by Licensee to Licensor under this Agreement. This is Licensee’s sole and exclusive remedy for any unresolved acceptance testing failures.
Testing Failure. Subject to DNB having co-operated with the Access Seeker in relation to the conduct of tests under section 13.3, if such tests:
Testing Failure. If test results do not meet the acceptance criteria, then the water/well cannot be considered a Type A agricultural water source. Perform a root cause analysis and an agricultural water system assessment as described in Appendix A to identify and correct the failure. In the interim, the water can be treated or used as a source for a Type B agricultural water system.
Testing Failure. If any one (1) of the current five (5) samples has a level of Generic E. coli greater than 10 MPN/100mL OR two (2) of the current five (5) samples has a detectable level of Generic E. coli then you must conduct follow-up testing.
Testing Failure. The agreement notes that GAO examined CDC laboratory quality control deficiencies in its July 2021 report COVID–19: Continued Attention Need- ed to Enhance Federal Preparedness, Re- sponse, Service Delivery, and Program Integ- rity (GAO–21–551) and made recommenda- tions that CDC has agreed to pursue. The lack of clearly defined approval criteria and poor communication of test performance problems within CDC illustrate there is still a need for an assessment of what led to the failure. The agreement includes direction in the Office of the Secretary to establish a Task Force, including participation from outside stakeholders and subject matter ex- perts, to evaluate what contributed to the shortcomings of the first COVID–19 tests, in- cluding laboratory irregularities, and what policies, practices and systems should be es- tablished to address these issues in the fu- ture. The Task Force shall also examine CDC’s processes for the development and de- ployment of diagnostics and its ongoing op- erations, including communications and electronic lab reporting with clinical, com- mercial, and State and local public health laboratories. Based on the conclusions of this effort, CDC shall develop an agency-wide coordination plan for developing and deploy- ing assays during a public health emergency that engages a nationwide system, as appro- priate, and leverages the expertise offered by the public and private sectors. In addition, the agreement directs CDC to provide an up- date to the Committees on the status of the implementation of the recommendations made by GAO–21–551 within 180 days of enact- ment of this Act.
