Revised Design definition
Examples of Revised Design in a sentence
Seller shall have the sole and exclusive responsibility and liability for the design, installation and performance of the System, notwithstanding Purchaser’s review, comment or approval of the Initial Design, Revised Design, or Final Design; the fact that the RFP included certain standards or requirements for any of the Services; or the fact that Purchaser participated in certain design development activities that resulted in the finalization of the Final Design.
The procedures described in this Section 4.1(f) shall be repeated as necessary until Purchaser has accepted the Revised Design, Project Schedule, and Annual Contract Quantity.
Upon Purchaser’s Notice to Seller accepting the Revised Design (whereupon such Revised Design shall be considered the “Final Design”), Project Schedule, and Annual Contract Quantity, such documents shall be deemed final and binding on the Parties, and Schedule 2 (System Description), Schedule 4 (Project Schedule), and Schedule 6 (Annual Contract Quantity), in the forms approved by Purchaser, shall be amended and attached to this Agreement.
As soon as practicable but in no event longer than thirty (30) Business Days following receipt of the Revised Design, Project Schedule, and Annual Contract Quantity as provided in Section 4.1(e), Purchaser shall provide Seller with either (A) Notice accepting such documents, or (B) Notice explaining why Purchaser does not accept such documents and providing comments.
The procedures described in this Section 4.1(f) shall be repeated as necessary until Purchaser has accepted the Revised Design, Project Schedule, Annual Contract Quantity, and Termination Payment Schedule.
If Design Engineering Phase costs exceed the sum of KMC's original [***] estimate plus the estimated cost of Design Scope Changes (the "Revised Design Estimate") by more than twenty five percent (25%), [***].
Within [thirty (30)] Days (or such longer period as may be agreed by the Parties) following receipt of the Revised Design, Project Schedule, Annual Contract Quantity and Termination Payment Schedule as provided in Section 4.1(e), Purchaser shall provide Seller with either (A) Notice accepting such documents, or (B) Notice explaining why Purchaser does not accept such documents and providing comments.
The annual amounts of the allowance which can be used towards reimbursable expenses for this benefit are specified in the chart in Section 9.1.
Within thirty (30) Days (or such longer period as may be agreed by the Parties) following receipt of the Revised Design, Project Schedule, and Annual Contract Quantity as provided in Section 4.1(e), Purchaser shall provide Seller with either (A) Notice accepting such documents, or (B) Notice explaining why Purchaser does not accept such documents and providing comments.
If Design Engineering Phase costs are projected to or in fact exceed the Revised Design Estimate by more than thirty five percent (35%), Gen-Probe may, at its option and sole discretion, terminate this Agreement during the Design Engineering Phase.