Common use of Acceptance Testing Procedures Clause in Contracts

Acceptance Testing Procedures. 2.1 The parties agree that the acceptance testing shall be done for all new Systems and a modified ATP shall be performed for all System Expansions and shall be included in all relevant Purchase Orders. The ATP tests shall be chosen from the GATP, as set forth below, that the parties have agreed to and identified when Customer purchases ATP Services. This ATP is generic in nature and tests operational features. Should a certain feature or option not be purchased then it is agreed that portion of the ATP shall be deleted and will not be performed. Motorola shall supply new sections to cover new products or features Motorola develops. The GATP will be amended to reflect desired practices for testing Systems in Commercial Service. The parties acknowledge that different approaches are required for Systems in Commercial Service and those acceptable for Systems not in Commercial Service. Motorola and the Customer agree and acknowledge that System performance may be affected by local regulatory constrains on System's operation. Since such situation will be beyond Motorola's control, it shall not impact or affect in any way the attainment of Conditional Acceptance or Final Acceptance. Furthermore, any condition derived from such situation shall not become an item on the Punchlist. Motorola and the Customer shall agree upon the ATP. It is understood that in the event Customer uses services of the Consultant for the ATP, Consultant's opinions will be subject to the decisions made by Motorola and Customer. 2.2 Should Customer request additional testing above and beyond the ATP, the parties shall not be required to consider these tests before Conditional Acceptance. Motorola shall prepare and present to Customer a quotation detailing the time and material charges that such additional testing may require. However, if Customer requests additional acceptance tests for the sole purpose of isolating any defects that affect the operation of the System, such tests will be conducted at no additional cost to the Customer 3 SYSTEM AND SYSTEM EXPANSION ACCEPTANCE Acceptance of all Systems and System Expansions shall be governed by the requirements set forth below: 3.1 Motorola shall conduct acceptance test procedures in accordance with Section 5.0, ATP -- Conditional Acceptance, and Section 6.0, ATP -- Final Acceptance, below. The test procedures shall be contained in the Acceptance Test Plan (ATP) for each System or System Expansion. 3.2 The ATP shall be based on the Generic Acceptance Test Plan (GATP) maintained by Motorola and may also include other additional tests mutually agreed to. The GATP shall be modified as needed to incorporate acceptance test procedures for newly developed Equipment and Software as part of the Software general release process and shall reflect the then current acceptance test procedures available. Any modifications to the GATP shall be made by Motorola to reflect Equipment or Software or to correct errors or omissions in the GATP. A copy of the current GATP is attached for reference. 3.3 The scope of the ATP required to achieve Conditional Acceptance - and Final Acceptance for each specific System or System Expansion shall be identified and mutually agreed to. The specific System or System Expansion ATP shall contain only those GATP test procedures required to test the Equipment, Software, and the associated features ordered and shall be developed by Motorola based upon portions of the GATP applicable to the mutually agreed upon scope for ATP Conditional Acceptance and Final Acceptance. The schedule for performance of such specific ATP shall be included in the Implementation Schedule for the specific System or System Expansion. 3.4 Motorola shall supply to Customer, no later than sixty (60) days prior to the scheduled commencement of ATP Conditional Acceptance and Final Acceptance, as applicable, the particular required test procedures to achieve the specific System or System Expansion ATP Conditional Acceptance and Final Acceptance. Customer shall have thirty (30) days following receipt of said test procedures to review and comment on the content of the test procedures. 3.5 Only those features and items of Equipment and Software supplied by Motorola in accordance with the definitions of System and System Expansion contained herein, and installed by Motorola, or installed by Customer in accordance with Motorola-authored or Motorola-approved published installation and engineering standards, shall be included in and tested under the ATP for a System or System Expansion. 3.6 Individual Site tests and the switch test shall be performed in accordance with the ATP as soon as the individual Sites and switch are completed. The System test in accordance with the ATP shall be performed as soon as the switch and Site tests are completed. These tests shall take place even when all the Sites are not operational if all such unavailable Sites are due to Customer failure to perform its applicable obligations in accordance with the Implementation Schedule ("Customer Unavailable Sites"). If there remain Customer Unavailable Sites due to Motorola's failure to perform its applicable obligations in accordance with the Implementation Schedule, such tests shall be delayed until the affected Sites become operational. 3.7 The areas served by Customer Unavailable Sites shall not be included in the System Test. When the Customer Unavailable Sites are completed, the Site Test shall be completed for any Customer Unavailable Sites. The existence of Customer Unavailable Sites shall not delay - Conditional Acceptance or Final Acceptance as long as the other items necessary for Conditional Acceptance or Final Acceptance are complete. 3.8 Customer may order additional testing above and beyond the specific acceptance test procedures defined in Sections 5.0 and 6.0, below, for a System or System Expansion. In accordance with Section 2.0 above, the additional test procedures to be performed and the price thereof shall be identified and mutually agreed to prior to acceptance of an order. The completion of these additional test procedures shall be outside the scope of the System or System Expansion ATP and shall not be apart of, nor a precedent to, Conditional Acceptance or Final Acceptance of a System or System Expansion. 3.9 The acceptance test procedures as defined in Sections 5.0 and 6.0 shall not include, and shall be separate and distinct from, any Software testing developed and executed in conjunction with, and required to achieve, general release of Software under the Software Maintenance Program (SMP) of the Agreement. 3.10 The conduct of Conditional Acceptance testing procedures shall preclude Customer from initiating an expansion to a System or System Expansion prior to the relevant Scheduled Completion Date, unless the parties agree in writing that such expansion does not result in material delay and/or expense to Motorola in conducting and/or completing Conditional Acceptance testing procedures in accordance with the relevant Scheduled Completion Date.