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 AND REJECTION. The Department shall have thirty (30) days after the performance of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the Department. If Contractor delivers nonconforming Services, the Department may, at its option and at Contractor’s expense: (i) return the Services for a full refund; (ii) require Contractor to promptly correct or re-perform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs.
ACCEPTANCE AND REJECTION. Purchaser shall have the right to test at its expense, using testing procedures agreed upon by the Parties and set forth in the specifications for the applicable Component, a portion of each shipment of Components to confirm that such shipment meets the applicable specifications. Where it is required by local regulations, further testing on importation in accordance with the applicable specifications shall be carried out by Purchaser. If Purchaser rejects in whole or in part any nonconforming shipment of Components, Purchaser shall immediately provide Supplier written notice of such rejection. If Supplier agrees with Purchaser's determination that a shipment of Components does not comply with applicable specifications, Supplier shall use Reasonable [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Efforts to replace the nonconforming Components, at no additional cost to Purchaser. If Supplier reasonably disputes Purchaser's conclusion that such Components do not meet the applicable specifications, Supplier shall use Reasonable Efforts to replace such shipment of Components to Purchaser, at Purchaser's expense. If Supplier disagrees with Purchaser's determination that the rejected shipment did not meet the applicable specifications, a sample of the rejected shipment shall be submitted to an independent, qualified Third Party laboratory that is mutually acceptable and selected by the Parties promptly in good faith. Such laboratory shall determine whether the rejected Components (as applicable) meet the applicable specifications, and such laboratory's determination shall be final and determinative for purposes of this Agreement. The Party against whom the laboratory rules shall bear all costs of the laboratory testing. If the laboratory rules that the shipment of Components failed to meet the applicable specifications, at Purchaser's choice, the price paid by Purchaser for such nonconforming shipment shall be reimbursed to Purchaser (provided Purchaser paid for such shipment) or Components meeting the applicable specifications shall be shipped to Purchaser by Supplier. If the laboratory rules the rejected shipment of Components met the applicable specifications, then Purchaser shall accept such shipment (including all costs of shipping and insurance). Shipments of Components not ...
ACCEPTANCE AND REJECTION a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance (“rejection” herein), notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test 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 AND REJECTION. The State Entity shall have thirty (30) days after delivery of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the State Entity. If Contractor delivers nonconforming Services, the State Entity may, at its option and at Contractor’s expense: (i) return the Services for a full refund; (ii) require Contractor to promptly correct or reperform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs.
ACCEPTANCE AND REJECTION. The Eligible User shall have thirty (30) days after delivery of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the Eligible User. If Contractor delivers nonconforming Services, the State Entity may, at its option and at Contractor’s expense: (i) return any deliverable related to the Services for a full refund; (ii) require Contractor to promptly correct or reperform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs.
ACCEPTANCE AND REJECTION. 3.14.1. Consultant shall not be entitled to payment and the City shall have no duty to pay Consultant unless the Director has Accepted the Services and other Deliverables as set forth in Exhibit “A”.
ACCEPTANCE AND REJECTION. This Award Agreement is one of the documents governing the Stock Award, which the Awardee may accept or reject online through the External Administrator’s website. If the Awardee has not rejected the Stock Award by the time of the first vesting event, the Awardee will be deemed to have accepted the Stock Award, and the Shares vested pursuant to the Stock Award will be issued and taxed accordingly.
ACCEPTANCE AND REJECTION. NYC Health + Hospitals shall have a reasonable period of time to inspect, test, and reject Goods. Receipt of Goods does not constitute acceptance. Vendor shall remove any rejected Goods at its own expense within a reasonable time after being notified of a rejection. Rejected Goods left longer than thirty days after notice of rejection may be regarded as abandoned (“Abandoned Goods”) and NYC Health + Hospitals may dispose of such Goods at the reasonable cost of Vendor. NYC Health + Hospitals shall not be obligated to sell or resell any Abandoned Goods to minimize Vendor's damages.
ACCEPTANCE AND REJECTION. To accept such Transfer Prepayment Offer, a holder of Notes shall cause a notice of such acceptance to be delivered to the Company not later than fifteen (15) days after the date of such written notice from the Company, provided, that failure to accept such offer in writing within fifteen (15) days after the date of such written notice shall be deemed to constitute a rejection of the Transfer Prepayment Offer. If a Transfer Prepayment Offer is rejected or deemed to have been rejected, the Company may apply the amount that was the subject of such Transfer Prepayment Offer to prepay other Senior Debt.
