ACCEPTANCE TESTING AND DELIVERY Sample Clauses

ACCEPTANCE TESTING AND DELIVERY. 4.1 When Urbanlink has determined that the Capacity is operating substantially in conformity with the applicable service levels set forth in Exhibit B (the "Service Level Agreement"), Urbanlink shall promptly provide Customer written notice of the same (a "Completion Notice"). Each Completion Notice shall set forth the date upon which Urbanlink will commence delivery of the Capacity to Customer provided that all payments due under this Agreement have been paid in full. 4.2 Within ten (10) days of receipt of a Completion Notice, Customer shall provide Urbanlink a written notice accepting or rejecting the Capacity, specifying in reasonable detail, if rejected, the defect or failure in the Capacity. If Customer fails to notify Urbanlink of its acceptance or rejection of the Completion Notice within ten (10) days following Customer's receipt of the same, Customer shall be deemed to have accepted such Capacity. Any use of Capacity by Customer other than for testing purposes shall be deemed to constitute acceptance of the Capacity. The date of such notice of acceptance or deemed acceptance of the Capacity shall be the "Acceptance Date". In the event of any good-faith rejection by Customer, Urbanlink shall take such action as reasonably necessary, and as expeditiously as practicable, to correct or cure such defect or failure. Customer shall in no event be entitled to commence use of the Capacity until after Urbanlink has received payment in full. 4.3 Provided Urbanlink first obtains Customer's written consent, which consent may not be unreasonably withheld or delayed, Urbanlink may substitute, change or reconfigure the telecommunications equipment and facilities used in providing the Capacity as long as the quality and type of Capacity is not impaired or changed. In such event, the Parties shall work together in good faith to minimize any disruption of service in connection with such substitution, change or reconfiguration.