Common use of Acceptance of the Work Clause in Contracts

Acceptance of the Work. Unless test and acceptance criteria are otherwise stated and defined in the Statement of Work, which shall take precedence over any conflicting provision of the Section 19, upon receipt of notice by Honeywell that the Work is ready for final inspection and acceptance, Company will make such final inspection and issue acceptance within three (3) business days. Acceptance will be in a form provided by Honeywell, stating that to the best of Company’s knowledge, information and belief, and on the basis of Company’s on-site visits and inspections, the Work has been fully completed in accordance with the terms and conditions of this Agreement. If Company finds the Work unacceptable due to non-compliance with a material element of this Agreement, which non-compliance is due solely to the fault of Honeywell, Company will notify Honeywell in writing within the three (3) business days setting forth the specific reasons for non- acceptance. Company agrees that failure to inspect and/or failure to issue proper notice of non- acceptance within three (3) business days shall constitute final acceptance of the Work under this Agreement. Company further agrees that partial or beneficial use of the Work by Company or Owner prior to final inspection and acceptance will constitute acceptance of the Work under this Agreement. To the fullest extent permitted by law, Company shall indemnify and hold harmless Honeywell and its agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, that in any way result from or arise from Company’s breach of this Section 19. This indemnification shall survive termination of this Agreement for whatever reason. Nothing in this Section 19 shall be construed to require that Company indemnify and hold harmless Honeywell from claims and costs resulting from Honeywell’s negligent actions or willful misconduct.

Acceptance of the Work. Unless test and acceptance criteria are otherwise stated and defined in the Statement of Work, which shall take precedence over any conflicting provision of the Section 19, upon Upon receipt of notice by Honeywell that the Work is ready for final inspection and acceptance, Company Customer will make such final inspection and issue acceptance within three (3) business days. Acceptance will be in a form provided by Honeywell, stating that to the best of CompanyCustomer’s knowledge, information and belief, and on the basis of CompanyCustomer’s on-on- site visits and inspections, the Work has been fully completed in accordance with the terms and conditions of this Agreement. If Company Customer finds the Work unacceptable due to non-compliance with a material element of this Agreement, which non-compliance is due solely to the fault of Honeywell, Company Customer will notify Honeywell in writing within the three (3) business days setting forth the specific reasons for non- non-acceptance. Company Customer agrees that failure to inspect and/or failure to issue proper notice of non- non-acceptance within three (3) business days shall constitute final acceptance of the Work under this Agreement. Company Customer further agrees that partial or beneficial use of the Work by Company Customer or Owner prior to final inspection and acceptance will constitute acceptance of the Work under this Agreement. To the fullest extent permitted by law, Company Customer shall indemnify and hold harmless Honeywell and its agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, that in any way result from or arise from Company’s under breach of the representations in this Section 1921. This indemnification shall survive termination of this Agreement for whatever reason. Nothing in this Section 19 21 shall be construed to require that Company Customer indemnify and hold harmless Honeywell from claims and costs resulting from Honeywell’s negligent actions or willful misconduct.

Acceptance of the Work. Unless test and acceptance criteria are otherwise stated and defined in the Statement of Work, which shall take precedence over any conflicting provision of the Section 19, upon Upon receipt of notice by Honeywell Xxxxxxxxx that the Work is ready for final inspection and acceptance, Company Customer will make such final inspection and issue acceptance within three (3) business days. Acceptance will be in a form provided by HoneywellXxxxxxxxx, stating that to the best of CompanyCustomer’s knowledge, information and belief, and on the basis of CompanyCustomer’s on-site visits and inspections, the Work has been fully completed in accordance with the terms and conditions of this Agreement. If Company Customer finds the Work unacceptable due to non-compliance with a material element of this Agreement, which non-compliance is due solely to the fault of Honeywell, Company Customer will notify Honeywell in writing within the three (3) business days setting forth the specific reasons for non- non-acceptance. Company Customer agrees that failure to inspect and/or failure to issue proper notice of non- non-acceptance within three (3) business days shall constitute constitutes final acceptance of the Work under this Agreement. Company Customer further agrees that partial or beneficial use of the Work by Company Customer or Owner prior to final inspection and acceptance will constitute acceptance of the Work under this Agreement. To the fullest extent permitted by law, Company shall indemnify Customer indemnifies and hold holds harmless Honeywell and its agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, that in any way result from or arise from Company’s under breach of the representations in this Section 1921. This indemnification shall survive survives termination of this Agreement for whatever reason. Nothing in this Section 19 shall 21 may be construed to require that Company Customer indemnify and hold harmless Honeywell from claims and costs resulting from HoneywellXxxxxxxxx’s negligent actions or willful misconduct.

Acceptance of the Work. Unless test and acceptance criteria are otherwise stated and defined in the Statement of Work, which shall take precedence over any conflicting provision of the Section 19, upon receipt of notice by Honeywell Xxxxxxxxx that the Work is ready for final inspection and acceptance, Company will make such final inspection and issue acceptance within three (3) business days. Acceptance will be in a form provided by HoneywellXxxxxxxxx, stating that to the best of Company’s knowledge, information and belief, and on the basis of Company’s on-site visits and inspections, the Work has been fully completed in accordance with the terms and conditions of this Agreement. If Company finds the Work unacceptable due to non-compliance with a material element of this Agreement, which non-non- compliance is due solely to the fault of Honeywell, Company will notify Honeywell in writing within the three (3) business days setting forth the specific reasons for non- non-acceptance. Company agrees that failure to inspect and/or failure to issue proper notice of non- non-acceptance within three (3) business days shall constitute final acceptance of the Work under this Agreement. Company further agrees that partial or beneficial use of the Work by Company or Owner prior to final inspection and acceptance will constitute acceptance of the Work under this Agreement. To the fullest extent permitted by law, Company shall indemnify and hold harmless Honeywell and its agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, that in any way result from or arise from Company’s breach of this Section 19. This indemnification shall survive termination of this Agreement for whatever reason. Nothing in this Section 19 shall be construed to require that Company indemnify and hold harmless Honeywell from claims and costs resulting from HoneywellXxxxxxxxx’s negligent actions or willful misconduct.