Acceptance of Deliverables. The State’s Project Manager shall be responsible for the sign-off acceptance of all Deliverables required and performed/submitted pursuant to this Agreement. Upon successful completion of a Deliverable, Contractor shall provide the State’s Project Manager with a completed Acceptance and Signoff Form (Exhibit E). The State’s Project Manager will apply the standards established in Exhibit D and the acceptance criteria set forth in subparagraph B of this article, as appropriate, to determine the acceptability of the Deliverable provided by Contractor. If the State’s Project Manager rejects the Deliverable, the parties agree to any dispute(s) resulting from such rejection(s) will be resolved as set forth in this article. Acceptance Criteria for Deliverables (“Criteria”) provided by Contractor pursuant to this Agreement include: Timeliness: The Work was provided on time; according to schedule; Completeness: The Deliverable contained all of the, Data, Materials, and features required by the Agreement; and Technical accuracy: The Deliverable complied with the standards of this Agreement, or, if this Agreement lacks a standard for provision of the Work, the currently generally accepted industry standard. Contractor shall provide the Deliverable to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. The State shall accept the Deliverable, provided that Contractor has delivered the Deliverable in accordance with the Criteria. The State’s Project Manager shall assign the Acceptance and Signoff Form to notify Contractor of the Deliverable’s acceptability. If the State rejects the Deliverable provided, the State’s Project Manager shall submit to Contractor’s Project Manager a written rejection describing in detail the failure of the Deliverable as measured against the Criteria. If the State rejects the Deliverable, then Contractor shall have a period of ten (10) Business Days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria.
Acceptance of Deliverables. (a) Xxxxx XXXX'x obligation to comply with any Xxxxx XXXX Review Period is conditioned on the timely delivery of the deliverable(s). Xxxxx XXXX Review Period will begin on the first business day following Xxxxx XXXX'x receipt of the deliverable(s).
(b) Xxxxx XXXX may inspect the deliverable to confirm that all components have been delivered without material deficiencies. If Xxxxx XXXX determines that the deliverable or one of its components has material deficiencies, Xxxxx XXXX may reject the deliverable without performing any further inspection or testing.
(c) Xxxxx XXXX will only approve a deliverable after confirming that it conforms to and performs according to its specifications without material deficiency. Xxxxx XXXX may, in its discretion, conditionally approve a deliverable that contains material deficiencies if Xxxxx XXXX elects to permit the Contractor to correct those deficiencies post-approval. The Contractor remains responsible for working diligently to correct within a reasonable time at the Contractor's expense, all deficiencies in the deliverable that remain outstanding at the time of Xxxxx XXXX approval.
(d) If, after three opportunities the Contractor is unable to correct all deficiencies, Xxxxx XXXX may: (i) demand that the Contractor cure the failure and give the Contractor additional time to do so at the sole expense of the Contractor; (ii) keep the Contract in force and perform, either itself or through other parties, whatever the Contractor has failed to do, and recover the difference between the cost to cure the deficiency and the Contract price plus an additional amount equal to 10% of Xxxxx XXXX'x cost to cure the deficiency; or (iii) fully or partially terminate the Contract for default by giving notice to the Contractor. Notwithstanding the foregoing, Xxxxx XXXX cannot use, as a basis for exercising its termination rights under this Section, deficiencies discovered in a repeat Xxxxx XXXX Review Period that could reasonably have been discovered during a prior Xxxxx XXXX Review Period.
(e) Xxxxx XXXX, at any time and in its reasonable discretion, may reject the deliverable without notation of all deficiencies if the acceptance process reveals deficiencies in a sufficient quantity or of a sufficient severity that renders continuing the process unproductive or unworkable.
Acceptance of Deliverables. (a) Xxxxxxx County's obligation to comply with any Xxxxxxx County Review Period is conditioned on the timely delivery of the deliverable(s). Xxxxxxx County Review Period will begin on the first business day following Xxxxxxx County's receipt of the deliverable(s).
(b) Xxxxxxx County may inspect the deliverable to confirm that all components have been delivered without material deficiencies. If Xxxxxxx County determines that the deliverable or one of its components has material deficiencies, Xxxxxxx County may reject the deliverable without performing any further inspection or testing.
(c) Xxxxxxx County will only approve a deliverable after confirming that it conforms to and performs according to its specifications without material deficiency. Xxxxxxx County may, in its discretion, conditionally approve a deliverable that contains material deficiencies if Xxxxxxx County elects to permit the Contractor to correct those deficiencies post-approval. The Contractor remains responsible for working diligently to correct within a reasonable time at the Contractor's expense, all deficiencies in the deliverable that remain outstanding at the time of Xxxxxxx County approval.
(d) If, after three opportunities the Contractor is unable to correct all deficiencies, Xxxxxxx County may: (i) demand that the Contractor cure the failure and give the Contractor additional time to do so at the sole expense of the Contractor; (ii) keep the Contract in force and perform, either itself or through other parties, whatever the Contractor has failed to do, and recover the difference between the cost to cure the deficiency and the Contract price plus an additional amount equal to 10% of Xxxxxxx County's cost to cure the deficiency; or (iii) fully or partially terminate the Contract for default by giving notice to the Contractor. Notwithstanding the foregoing, Xxxxxxx County cannot use, as a basis for exercising its termination rights under this Section, deficiencies discovered in a repeat Xxxxxxx County Review Period that could reasonably have been discovered during a prior Xxxxxxx County Review Period.
(e) Xxxxxxx County, at any time and in its reasonable discretion, may reject the deliverable without notation of all deficiencies if the acceptance process reveals deficiencies in a sufficient quantity or of a sufficient severity that renders continuing the process unproductive or unworkable.
Acceptance of Deliverables. Subcontractor shall provide each deliverable in accordance with the statement of work and terms of this subcontract. Each deliverable will be considered accepted when Buyer provides the Subcontractor notice of acceptance. Only if Xxxxx has not first provided the Subcontractor with written notice of rejection. Buyer may reject a deliverable only in the event that it materially deviates from its technical specifications, including grammatical and spelling errors and only via written notice outlining the nature of such deviation. In the event of such rejection, the Subcontractor shall correct the deviation and redeliver the Deliverable within three (3) days unless directed otherwise. Redelivery pursuant to the previous sentence will constitute another Delivery, and the parties shall again follow the acceptance procedures. Subcontractor’s failure to provide deliverables that materially conform to the technical specifications may constitute breach of the subcontract.
Acceptance of Deliverables. To the extent the Services include any Deliverables under an applicable SOW, upon completion of each Deliverable, VECTRA will submit a complete copy to End User. End User will review and test all Deliverables in accordance with such SOW pursuant to any acceptance criteria or test plans mutually agreed upon in writing by the parties for such Deliverable within ten (10) business days after VECTRA’s submission of the Deliverable or such other time period as may be defined in the applicable SOW (the “Acceptance Period”). End User will provide VECTRA with written notification of acceptance for each Deliverable before the end of the Acceptance Period; however, failure to reject a Deliverable, as set forth below, will be deemed acceptance. If End User, in its reasonable and good faith judgment, determines that any submitted Deliverable does not satisfy the agreed- upon acceptance criteria as specified in the applicable SOW or as mutually agreed upon in writing by the parties for such Deliverable, End User must so notify VECTRA in writing during the Acceptance Period, specifying the deficiencies in detail. VECTRA will use commercially reasonable efforts to correct such deficiencies and resubmit the Deliverable to End User as soon as practicable. End User will again review and test the Deliverable against the agreed-upon acceptance criteria and detail any deficiencies to VECTRA in writing within 10 business days after resubmission of the Deliverable. If a Deliverable fails to meet the functional requirements specified in the applicable SOW after its second resubmission to End User, End User may either, as its sole and exclusive remedy: (i) again reject the Deliverable and return it to VECTRA for further correction and resubmission in accordance with the process described above (if the Deliverable is not accepted after two resubmissions, the matter will be escalated to End User’s executive sponsor for the project associated with the SOW and the VECTRA Vice President); or (ii) terminate the relevant SOW immediately upon written notice and recover all Services fees paid under such SOW for such deficient Deliverable. If the parties determine that a Deliverable’s functional requirements specified in a SOW require modification (for example, due to incorrect assumptions or changed requirements), they will cooperate in good faith to execute a Change Order for such revised requirements.
Acceptance of Deliverables. The City reserves the right to reject all or any part of the deliverables and require the Contractor to resubmit any rejected deliverables to conform to these specifications.
Acceptance of Deliverables. The Department will conduct its acceptance review in a manner so as to identify whether the Deliverables fail to conform to the Contract. The Department shall notify the Contractor in writing of failures of a Deliverable to conform to the Contract and specify how the Deliverable failed to meet the requirements of the Contract. Within five (5) Business Days of such notice, Contractor will give written notice of one (1) of the following: • The correction of the nonconformity and the details of the correction; • A written corrective action plan for correcting the nonconformity; or • Its disagreement as to the nature or scope of the nonconformity and the reasons therefore. The Department will either accept or reject Contractor’s reply (with or without modifications from the Department) and provide notice of the Department’s decision and proposed remedy, if any.
Acceptance of Deliverables. 3.8.1 Delivery Responsibilities Unless otherwise specified by Xxxxx X.X.X.X., the following are applicable to all deliveries:
(a) The Contractor is responsible for delivering the Deliverable(s) by the applicable delivery date to the location(s) specified in the SOW or individual Purchase Order.
(b) The Contractor must ship the Deliverable(s) "F.O.B. Destination, within Government Premises."
Acceptance of Deliverables. 4.1 Contractor shall provide written notice to University upon full and complete installation of the Deliverables. Within 15 calendar days after receipt of such notice, University shall perform tests to determine whether the Deliverables meets the specifications and performance standards set forth in this Agreement. University agrees that its acceptance criteria shall be limited to the specifications or performance standards set forth in Exhibit A and Exhibit B, and [shall not or shall] include the operation or performance of the Deliverables in conjunction with any of University’s existing equipment which does not constitute Deliverables.
4.2 University shall provide written notice to Contractor of the results of such testing and whether or not the Deliverables perform in accordance with the specifications or performance standards set out in Exhibits A and B, within 15 calendar days after University completes the testing described in section 4.1. At such time as University notifies Contractor under this Section 4 of its determination that the Deliverables perform in accordance with the specifications or performance standards set out in Exhibits A and B, the date of such notice shall be the date of “Final Acceptance.”
4.3 If the Deliverables do not perform as required by this Agreement, University shall provide written notice of non-acceptance to Contractor within 15 calendar days after University completes the testing described in section 4.1. Upon receipt of such notice of non-acceptance, Contractor shall, within a 15 calendar day period, replace, modify, or improve the Deliverables at Contractor's sole expense to ensure that the Deliverables perform as required under this Agreement.
4.4 After such replacement, modification, or improvement, University shall conduct new acceptance tests within a 15 calendar day period and provide written notice to Contractor of the results of such testing within seven calendar days after the fifteen calendar day testing period. Failure of the Deliverables to materially meet the specifications and performance standards after the second set of acceptance tests shall constitute a default by Contractor, unless such failure is due to the negligence or intentional misconduct of University. Upon such default, University may require Contractor to remove the Deliverables at Contractor's sole expense and require Contractor to refund to University all amounts paid by University under this Agreement. University and Contractor may als...
Acceptance of Deliverables. 5.1 Upon completion of services and creation of deliverable as specified in a Statement of Work, the Supplier will request that the Client sign an Acknowledgement of Delivery for said services. The Client shall not unreasonably decline this request
5.2 The Client has the right to test the Deliverables against the relevant Specifications.
5.3 If the Client, acting reasonably, considers that a Deliverable does not meet the Specification, it must notify the Supplier in writing within 30 Business Days of receipt of the Deliverable from the Supplier, setting out its reasons in detail (a “Defect Notice”), which shall be by email or by letter addressed to the Supplier’s QA Director, or Digital Services Lead. If the Supplier does not receive a Defect Notice within the period set out above, the relevant Deliverable will be deemed to have been accepted by the Client.
5.4 Upon receipt of a Defect Notice, the Supplier within 7 Business Days shall use all reasonable endeavours to alter the Deliverable, provided that such alteration is to bring the Deliverable in-line with the Specification unless otherwise mutually agreed between the Parties.
5.5 If, upon re-submission of a Deliverable in accordance with clause 5.4, the Client submits another Defect Notice in accordance with clause 5.3, the Client shall have the right, at its sole discretion to either:
(a) deal with the matter in accordance with the provisions of clause 13.9; or
(b) terminate the specified Statement of Work.
