Common use of Acceptance Testing Clause in Contracts

Acceptance Testing. (a) Following delivery to District of a System Deliverable and the installation or other implementation thereof, the System Deliverable shall be subject to acceptance testing by District. If District notifies Contractor that a System Deliverable does not satisfy or conform to the Final Criteria within the time period prescribed in the applicable Work Order (the “Initial Acceptance Period”), Contractor shall, at no cost to District, take whatever action is necessary to correct any deficiencies within thirty (30) calendar days after District’s notification to Contractor. (b) Upon completion of corrective action by Contractor, District will subject the revised System Deliverable to acceptance testing. If, upon the expiration of the sixty (60) day period after the end of the Initial Acceptance Period, the System Deliverable still does not conform to the Final Criteria, District may: (i) immediately terminate, under Article 20 herein (but without any requirement of a 30-day cure period), the applicable Work Order, along with, in District’s discretion, any related Work Order(s); or (ii) require Contractor, at no cost to District, to continue (even beyond this sixty (60) day period) to correct the deficiencies and to take whatever action is necessary so that the System Deliverable shall conform to the Final Criteria, while reserving the right to terminate (as specified in (i) above) at any time so long as the System Deliverable fails to conform to the Final Criteria. (c) Notwithstanding the foregoing, if Contractor fails to cure a deficiency within one hundred twenty (120) calendar days after receipt of notification thereof from District, Contractor may elect to cease curing the deficiency if Contractor (a) notifies District that it will cease curing the deficiency and (b) promptly refunds District for all amounts paid under the Work Order and any related Work Order(s) for the System Deliverable(s). However, in the event that District has accepted a portion or component of the System Deliverable(s) in accordance with Article 7.3, and District desires to retain such portion or component, the refund owed to District shall be equitably reduced by the amount that such portion or component represents of the System Deliverable(s) taken as a whole.

Acceptance Testing. ‌ (a) Following delivery to District of a System Deliverable and the installation or other implementation thereof, the System Deliverable shall be subject to acceptance testing by District. If District notifies Contractor that a System Deliverable does not satisfy or conform to the Final Criteria within the time period prescribed in the applicable Work Order (the “Initial Acceptance Period”), Contractor shall, at no cost to District, take whatever action is necessary to correct any deficiencies within thirty (30) calendar days after District’s notification to Contractor. (b) Upon completion of corrective action by Contractor, District will subject the revised System Deliverable to acceptance testing. If, upon the expiration of the sixty (60) day period after the end of the Initial Acceptance Period, the System Deliverable still does not conform to the Final Criteria, District may: (i) immediately terminate, under Article 20 herein (but without any requirement of a 30-day cure period), the applicable Work Order, along with, in District’s discretion, any related Work Order(s); or (ii) require Contractor, at no cost to District, to continue (even beyond this sixty (60) day period) to correct the deficiencies and to take whatever action is necessary so that the System Deliverable shall conform to the Final Criteria, while reserving the right to terminate (as specified in (i) above) at any time so long as the System Deliverable fails to conform to the Final Criteria. (c) Notwithstanding the foregoing, if Contractor fails to cure a deficiency within one hundred twenty (120) calendar days after receipt of notification thereof from District, Contractor may elect to cease curing the deficiency if Contractor (a) notifies District that it will cease curing the deficiency and and (b) promptly refunds District for all amounts paid under the Work Order and any related Work Order(s) for the System Deliverable(s). However, in the event that District has accepted a portion or component of the System Deliverable(s) in accordance with this Article 7.36.3, and District desires to retain such portion or component, the refund owed to District shall be equitably reduced by the amount that such portion or component represents of the System Deliverable(s) taken as a whole.

Acceptance Testing. ‌ (a) Following delivery to District of a Deliverable, the Deliverable shall be subject to acceptance testing or review by District. A System Deliverable and shall be considered delivered upon the installation or other implementation thereof, the System unless otherwise specified in an applicable Deliverable shall be subject to acceptance testing by DistrictWork Plan. If District notifies Contractor that a System Deliverable does not satisfy or conform to the Final Criteria within the time period prescribed in the applicable Work Order (the “Initial Acceptance Period”), Contractor shall, at no cost to District, take whatever action is necessary to correct any deficiencies within thirty (30) calendar days after District’s notification to Contractor, unless a shorter correction period is agreed upon by the Parties. (b) Upon With respect to System Deliverables, upon completion of corrective action by Contractor, District will subject the revised System Deliverable to acceptance testing. If, upon the expiration of the sixty (60) day period after the end of the Initial Acceptance Period, the System Deliverable still does not conform to the Final Criteria, District may: (i) immediately terminate, under Article 20 21 herein (but without any requirement of a 30-day cure period), the applicable Work Order, along with, in District’s discretion, any related Work Order(s)Agreement; or (ii) require Contractor, at no cost to District, to continue (even beyond this sixty (60) day period) to correct the deficiencies and to take whatever action is necessary so that the System Deliverable shall conform to the Final Criteria, while reserving the right to terminate (as specified in (iSubsection 7.2(b)(i) above) at any time so long as the System Deliverable fails to conform to the Final Criteria. (c) Notwithstanding the foregoing, if Contractor fails to cure a deficiency within one hundred twenty (120) calendar days after receipt of notification thereof from District, Contractor may elect to cease curing the deficiency if Contractor (a) notifies District that it will cease curing the deficiency and (b) promptly refunds District for all amounts paid under the Work Order and any for related Work Order(sSystem Deliverable(s) for the System or Final Deliverable(s). However, in the event that District has accepted a portion or component of the System Deliverable(s) in accordance with Article 7.3this Section 7.2, and District desires decides, in its sole discretion, to retain such portion or component, the refund owed to District shall be equitably reduced by the amount that such portion or component represents of the System Deliverable(s) taken as a whole. (d) When, in District’s reasonable judgment, a Deliverable has satisfied the Final Criteria, District shall give Contractor written notice thereof. A Deliverable will be considered accepted only after District acknowledges acceptance in writing, which acknowledgement shall not be unreasonably withheld.‌

Acceptance Testing. (a) Following delivery to District of a Deliverable, the Deliverable shall be subject to acceptance testing or review by District. A System Deliverable and shall be considered delivered upon the installation or other implementation thereof, the System unless otherwise specified in an applicable Deliverable shall be subject to acceptance testing by DistrictWork Plan. If District notifies Contractor that a System Deliverable does not satisfy or conform to the Final Criteria within the time period prescribed in the applicable Work Order (the “Initial Acceptance Period”), Contractor shall, at no cost to District, take whatever action is necessary to correct any deficiencies within thirty (30) calendar days after District’s notification to Contractor, unless a shorter correction period is agreed upon by the Parties. (b) Upon With respect to System Deliverables, upon completion of corrective action by Contractor, District will subject the revised System Deliverable to acceptance testing. If, upon the expiration of the sixty (60) day period after the end of the Initial Acceptance Period, the System Deliverable still does not conform to the Final Criteria, District may: (i) immediately terminate, under Article 20 21 herein (but without any requirement of a 30-day cure period), the applicable Work Order, along with, in District’s discretion, any related Work Order(s)Agreement; or (ii) require Contractor, at no cost to District, to continue (even beyond this sixty (60) day period) to correct the deficiencies and to take whatever action is necessary so that the System Deliverable shall conform to the Final Criteria, while reserving the right to terminate (as specified in (iSubsection 7.2(b)(i) above) at any time so long as the System Deliverable fails to conform to the Final Criteria. (c) Notwithstanding the foregoing, if Contractor fails to cure a deficiency within one hundred twenty (120) calendar days after receipt of notification thereof from District, Contractor may elect to cease curing the deficiency if Contractor (a) notifies District that it will cease curing the deficiency and (b) promptly refunds District for all amounts paid under the Work Order and any for related Work Order(sSystem Deliverable(s) for the System or Final Deliverable(s). However, in the event that District has accepted a portion or component of the System Deliverable(s) in accordance with Article 7.3this Section 7.2, and District desires decides, in its sole discretion, to retain such portion or component, the refund owed to District shall be equitably reduced by the amount that such portion or component represents of the System Deliverable(s) taken as a whole. DocuSign Envelope ID: 57FE9282-E46A-43D1-831B-4F549CBE8B96 (d) When, in District’s reasonable judgment, a Deliverable has satisfied the Final Criteria, District shall give Contractor written notice thereof. A Deliverable will be considered accepted only after District acknowledges acceptance in writing, which acknowledgement shall not be unreasonably withheld.