Acceptance Tests. a. Where swcomms considers that the Implementation Services in respect of a Managed Service have been completed and the respective Managed Service is ready for activation, it shall provide the Customer with notice. The Acceptance Tests, test success criteria and test data used by swcomms shall be such as are reasonably required to demonstrate that the Managed Service perform in all material respects in accordance with the Services Description. b. swcomms shall carry out the Acceptance Tests in respect of the each Managed Service. c. The Customer shall ensure that it provides all necessary employees to witness, deal with enquires for Acceptance Tests during the period in which Acceptance Tests are to be performed. The Customer shall ensure that such employees are empowered to make relevant decisions or have prompt access to empowered individuals for decisions to be made on behalf of the Customer in connection with the Acceptance Tests. d. If the Managed Service meets the relevant criteria for such Acceptance Tests the Customer shall issue written notice of Acceptance in respect of the relevant Managed Service within five (5) Working Days of such criteria being met or in the absence of Written Acceptance, denote Acceptance by the practical use of the service. e. If the Managed Service fails to meet the relevant criteria for the Acceptance Tests the Customer shall be entitled to: i. notify swcomms that the Managed Service has failed to meet the relevant criteria for the Acceptance Tests and, in such event swcomms shall in a timely manner, and in any event within any period for the Acceptance Tests for that Managed Service specified in the Project Plan remedy the relevant failures and thereafter submit the Managed Services for further Acceptance Tests; ii. notify swcomms that it deems the Managed Service to have met the relevant criteria for the Acceptance Tests conditional on swcomms remedying any failures to meet the relevant criteria within a reasonable period that the Parties agree (acting reasonably and in good faith); iii. notify swcomms that it deems the Managed Services to have met the relevant criteria for the Acceptance Tests "as is", subject to an agreed reduction in the applicable Charges which reflects the value of the Managed Service. f. Acceptance of Managed Service or shall be deemed to have occurred on whichever is the earliest of: i. the issuing by the Customer of written notice of Acceptance for the Managed Service that is the subject of the Acceptance Tests; ii. the issuing of notice that the Managed Service is deemed by the Customer to have met the relevant criteria for the Acceptance Tests, notwithstanding failures to meet the relevant criteria; iii. the expiry of five (5) Working Days after the completion of all the Acceptance Tests for that Managed Service, unless the Customer has given any written notice of acceptance or rejection under Clauses d or e; and/or iv. the use in whole or in part of the Managed Service that is the subject of the Acceptance Tests by the Customer.
Appears in 1 contract
Sources: Sales Contract
Acceptance Tests. a. Where swcomms considers that 5.1 Within a reasonable period following the Implementation Services in respect parties entering into a Scope of Work, the Parties shall work together to agree a Managed Service have been completed and the respective Managed Service is ready for activation, it shall provide the Customer with notice. The set of Acceptance Tests, test success criteria Test Data and test data used by swcomms Acceptance Test Criteria with respect to the applicable Developed Software which shall be such as are reasonably required sufficient to demonstrate that test whether or not the Managed Service perform Developed Software has the facilities and functions specified in all material respects and performance in accordance with the Services Description.
b. swcomms Functional Specification, such agreement not to be unreasonably withheld or delayed. Supplier shall carry out perform the Acceptance Tests in respect of within the each Managed Service.
c. The Test Period. Customer shall ensure that it provides all necessary employees be given reasonable notice of and be entitled to witness, deal with enquires for Acceptance Tests during the period in which Acceptance Tests are to be performed. The Customer shall ensure that such employees are empowered to make relevant decisions or have prompt access to empowered individuals for decisions to be made on behalf of the Customer in connection with attend the Acceptance Tests.
d. 5.2 If the Managed Service meets Developed Software process the relevant criteria for such Acceptance Tests the Customer shall issue written notice of Acceptance in respect of the relevant Managed Service within five (5) Working Days of such criteria being met or in the absence of Written Acceptance, denote Acceptance by the practical use of the service.
e. If the Managed Service fails to meet the relevant criteria for Test Data and achieve the Acceptance Tests the Customer shall be entitled to:
i. notify swcomms that the Managed Service has failed to meet the relevant criteria for the Acceptance Tests and, in such event swcomms shall in a timely manner, and in any event within any period for the Acceptance Tests for that Managed Service specified in the Project Plan remedy the relevant failures and thereafter submit the Managed Services for further Acceptance Tests;
ii. notify swcomms that Test Criteria then it deems the Managed Service to have met the relevant criteria for the Acceptance Tests conditional on swcomms remedying any failures to meet the relevant criteria within a reasonable period that the Parties agree (acting reasonably and in good faith);
iii. notify swcomms that it deems the Managed Services to have met the relevant criteria for the Acceptance Tests "as is", subject to an agreed reduction in the applicable Charges which reflects the value of the Managed Service.
f. Acceptance of Managed Service or shall be deemed to have occurred on whichever passed the Acceptance Tests. Subject to paragraph 5.5, if the Developed Software fails to achieve the Acceptance Test Criteria they shall be deemed to have failed the Acceptance Tests. Customer shall co-operate with Supplier in identifying in what respects (if any) the Developed Software has failed to pass the Acceptance Tests and identify where the Developed Software has failed to conform to the Functional Specification.
5.3 If the Supplier is unable to remedy any failure of the Developed Software so that the Developed Software does not pass the Acceptance Tests or to fix any deficiency in the Developed Software to conform with the Functional Specification within a further 20 days, or such longer period as is agreed between the parties in writing (“Extended Test Period”), then Customer shall be entitled forthwith to reject the Developed Software without further liability to Supplier.
5.4 The written statement of Acceptance will be issued when the relevant Developed Software have passed all the Acceptance Tests as detailed in the Acceptance Test Criteria within the timescales outlined in therein.
5.5 Save where Customer has rejected the Developed Software in accordance with paragraph 5.3, Customer’s Acceptance of the Developed Software shall occur at the earliest of:
i. (a) the issuing by the Customer of written notice of Acceptance for the Managed Service that is the subject of Developed Software passing the Acceptance Tests;
ii. (b) the issuing Developed Software being used in a live environment or for commercial use; or
(c) the expiration of notice that the Managed Service is deemed by Test Period and (where applicable) the Extended Test Period.
5.6 Where Customer rejects the Developed Software in accordance with paragraph 5.3 then the following terms shall apply;
(a) Supplier shall be obliged to repay to Customer the Development Fees which Customer has paid to Supplier under the applicable Scope of Work for which the rejected Developed Software relate;
(b) each party shall within thirty (30) days of such rejection return (or, at the other party’s option, destroy) all Confidential Information in its possession or under its control and all copies of such information;
(c) Customer shall have met no right to use the relevant criteria Developed Software or any part of it and shall remove or destroy forthwith all copies of the Developed Software or any part thereof or, at Supplier’s request, return all copies of the same to Supplier; and
(d) the applicable Scope of Work for the Acceptance Tests, notwithstanding failures to meet the relevant criteria;
iii. the expiry of five (5) Working Days after the completion of all the Acceptance Tests for that Managed Service, unless the Customer has given any written notice of acceptance or rejection under Clauses d or e; and/or
iv. the use in whole or in part of the Managed Service that is the subject of the Acceptance Tests by the Customerrejected Developed Software shall terminate.
Appears in 1 contract
Sources: Saas Subscription Agreement
Acceptance Tests. a. Where swcomms considers that The Goods may be required to satisfy the Implementation Services in respect of a Managed Service have been completed and the respective Managed Service is ready for activation, it shall provide the Customer with notice. The Acceptance Tests, test success criteria and test data used by swcomms shall be such as are reasonably required Tests to demonstrate that the Managed Service perform Goods meet the Goods Specification before they are accepted by Aston. Aston will notify the Supplier in all material respects in accordance with the Services Description.
b. swcomms shall carry out writing as to when the Acceptance Tests in respect of the each Managed Service.
c. The Customer shall ensure that it provides all necessary employees to witness, deal with enquires for Acceptance Tests during the period in which Acceptance Tests are to be performedwill take place. The Customer shall ensure that such employees are empowered to make relevant decisions or have prompt access to empowered individuals for decisions to be made on behalf of the Customer in connection Supplier may attend and assist with conducting the Acceptance Tests.
d. If . The Supplier will be afforded the Managed Service meets opportunity to comment on the relevant criteria for such Acceptance Tests the Customer shall issue written notice of Acceptance in respect of the relevant Managed Service within five (5) Working Days of such criteria being met or in the absence of Written Acceptance, denote Acceptance by the practical use of the service.
e. If the Managed Service fails to meet the relevant criteria for the Acceptance Tests the Customer shall be entitled to:
i. notify swcomms that the Managed Service has failed to meet the relevant criteria for the Acceptance Tests and, in such event swcomms shall in a timely manner, and in any event within any period for the Acceptance Tests for that Managed Service specified in the Project Plan remedy the relevant failures and thereafter submit the Managed Services for further Acceptance Tests;
ii. notify swcomms that it deems the Managed Service to have met the relevant criteria for the Acceptance Tests conditional on swcomms remedying any failures to meet the relevant criteria within a reasonable period that the Parties agree (acting reasonably and in good faith);
iii. notify swcomms that it deems the Managed Services to have met the relevant criteria for the Acceptance Tests "as is", subject to an agreed reduction in the applicable Charges which reflects the value of the Managed Service.
f. Acceptance of Managed Service or shall be deemed to have occurred on whichever is the earliest of:
i. the issuing by the Customer of written notice of Acceptance for the Managed Service that is the subject suitability of the Acceptance Tests;
ii. Aston will record the issuing results of notice that the Managed Service is deemed by Acceptance Tests. Aston will notify the Customer Supplier promptly on successful completion of the Acceptance Tests as to have met whether the relevant criteria for Goods satisfy the Acceptance Tests. If the Goods do not satisfy the Acceptance Tests, notwithstanding failures Aston will notify the Supplier of such failure and may (in its discretion and without prejudice to its other rights under this Agreement): grant a further period of time during which the Supplier will be required to adapt, modify and/or otherwise correct the relevant Goods to comply with the Goods Specification so that the Goods can be re-submitted for further testing; or accept the Goods subject to a list of written exceptions which the Supplier will rectify within the timescales agreed by the Parties; or accept the Goods subject to receiving a refund or reduction in Price; or reject any/all of the Goods and terminate this Agreement with immediate effect by giving written notice to the Supplier in accordance with paragraph 23 of this Part 1 without any liability to the Supplier on the basis of a total failure of consideration including any liability to pay any outstanding payments of the Price which, at the time of (and but for) such termination, remain outstanding and are due to be paid to the Supplier. In the event Aston terminates this Agreement pursuant to paragraph 5.6.4 of this Part 1, the Supplier will repay Aston any amounts paid to the Supplier under this Agreement within 14 days of the date of such termination; or complete the supply of the Goods by entering into a contract with a third party and recover from the Supplier any costs incurred by Aston in obtaining substitute Goods from a third party. The Supplier will ensure that any modifications made as a result of failing to pass the Acceptance Test will not adversely impact on any previously successful Acceptance Test or (as applicable) the approval procedure in respect of any other Goods. To the extent that any such adverse impacts occur, the Supplier will be liable to Aston for Aston’s reasonable costs in conducting further tests. Aston will notify the Supplier within 30 days of receiving the modified Goods pursuant to paragraph 5.6.1 of this Part 1 confirming whether the modified Goods meet the relevant criteria;
iii. the expiry of five (5) Working Days after the completion of all the Acceptance Tests for that Managed Service, unless the Customer has given any written notice of acceptance or rejection under Clauses d or e; and/or
iv. the use in whole or in part of the Managed Service that is the subject of the Acceptance Tests by the CustomerGoods Specification.
Appears in 1 contract
Sources: Agreement for the Purchase of Goods
Acceptance Tests. a. Where swcomms considers that the Implementation Services in respect of a Managed Service have been completed and the respective Managed Service is ready for activation, it (a) Each Party shall provide the Customer with notice. The Acceptance Tests, test success criteria and test data used by swcomms shall be such as are reasonably required to demonstrate that the Managed Service perform in all material respects in accordance cooperate with the Services Description.
b. swcomms shall carry out other Party to perform its own interim integration, stress, and other acceptance tests for the Acceptance Tests in respect of the each Managed Service.
c. The Customer shall Nasdaq Application to ensure that it provides all necessary employees to witness, deal with enquires for Acceptance Tests during the period in which Acceptance Tests are to be performed. The Customer shall ensure that such employees are empowered to make relevant decisions or have prompt access to empowered individuals for decisions to be made on behalf of the Customer in connection operability and compliance with the Specifications. Acceptance Tests.
d. If the Managed Service meets the relevant criteria for such Acceptance Tests the Customer tests by Nasdaq shall issue written notice of Acceptance in respect of the relevant Managed Service within five (5) Working Days of such criteria being met or in the absence of Written Acceptance, denote Acceptance by the practical use of the service.
e. If the Managed Service fails to meet the relevant criteria for the Acceptance Tests the Customer shall be entitled to:
i. notify swcomms that the Managed Service has failed to meet the relevant criteria for the Acceptance Tests and, in such event swcomms shall in a timely manner, include certain quality control and in any event within any period for the Acceptance Tests for that Managed Service specified in the Project Plan remedy the relevant failures and thereafter submit the Managed Services for further Acceptance Tests;
ii. notify swcomms that it deems the Managed Service to have met the relevant criteria for the Acceptance Tests conditional on swcomms remedying any failures to meet the relevant criteria within a reasonable period that the Parties agree (acting reasonably and in good faith);
iii. notify swcomms that it deems the Managed Services to have met the relevant criteria for the Acceptance Tests "as is", subject to an agreed reduction in the applicable Charges which reflects the value of the Managed Service.
f. Acceptance of Managed Service or shall be deemed to have occurred on whichever is the earliest of:
i. the issuing by the Customer of written notice of Acceptance for the Managed Service that is the subject of the Acceptance Tests;
ii. the issuing of notice that the Managed Service is deemed by the Customer to have met the relevant criteria for the Acceptance Tests, notwithstanding failures to meet the relevant criteria;
iii. the expiry of five (5) Working Days stress tests conducted after the completion of all the Acceptance Tests Installation Schedule that are customary and routine to the Nasdaq Stock Market and may include End-User testing (the "Nasdaq QC Tests"). Upon successful completion of the Nasdaq QC Tests, Nasdaq shall execute and deliver to OptiMark a Certificate of Acceptance, indicating its acceptance of the Nasdaq Application. Anything herein to the contrary notwithstanding, the Parties agree that final responsibility for that Managed Servicedeclaring the Nasdaq Application ready for operation remains with Nasdaq.
(b) Interim acceptance tests may be performed by either Party, unless which shall indicate the Customer has given any written notice of relevant stage, component or configuration which is being accepted. Preliminary acceptance or rejection under Clauses d necessary modification thereto shall be agreed to by the Parties within the specified time period as provided in the Specifications. Anything herein to the contrary notwithstanding, the Parties agree that a Party's testing or e; and/or
iv. acceptance of any interim stage, component or configuration shall not be deemed to be acceptance of that stage, component or configuration during any subsequent interim test or the use in whole Nasdaq QC Test, nor act as a waiver or in part estoppel to perform other tests, or the Nasdaq QC Tests on any stage, component or configuration of the Managed Service that is final Nasdaq Application.
(c) If the subject Nasdaq Application fails to meet any applicable Nasdaq QC Test and if such failure did not result from (i) material failure of the Acceptance Nasdaq portion of the Nasdaq Application to meet relevant parts of the Specifications or (ii) Nasdaq controlled conditions which were foreseeable to Nasdaq but undisclosed to OptiMark such that it was not commercially reasonable for OptiMark to react to such, Nasdaq shall promptly notify OptiMark in writing of such failure and OptiMark shall correct, modify or improve its work, as the case may be, to meet the criteria set forth in the applicable Nasdaq QC Test within a reasonable time frame necessary to meet the Critical Milestone Operational Commencement Date. Nasdaq shall thereafter reinitiate and complete one or more additional rounds of Nasdaq QC Tests until such time as when OptiMark either passes the Nasdaq QC Tests or the Critical Milestone Date passes, in which case Nasdaq may thereafter terminate this Agreement. In the event that the failure to pass the Nasdaq QC Test by the CustomerCritical Milestone Date is a result of (i) or (ii) of this sub-section, then OptiMark may thereafter terminate this Agreement.
Appears in 1 contract
Sources: Nasdaq/Optimark Agreement (Optimark Technologies Inc)
Acceptance Tests. a. Where swcomms considers that Supplier shall perform or require all appropriate factory acceptance testing (the Implementation Services in respect of a Managed Service have been completed and the respective Managed Service is ready for activation, it shall provide the Customer with notice. The "Factory Acceptance Tests") necessary to ensure that, test success criteria prior to shipment or granting access for download (as applicable), all Software and test data used other Deliverables are free from defects in materials and workmanship and meet the specifications required for use by swcomms shall be Ameren and any applicable Ameren Affiliates. Upon receipt of the Software and other Deliverables, Ameren, with all necessary cooperation and assistance from Supplier, will perform software acceptance tests (the "Delivery Acceptance Tests") and such as are reasonably required other inspections necessary to demonstrate that determine whether or not the Managed Service Software or other Deliverables: (a) perform in all material respects in accordance with the Services Description.
b. swcomms shall carry out applicable Documentation and the Acceptance Tests Criteria; (b) can be used effectively in respect Ameren's operating business environment; (c) are capable of running without failure; and (d) have been delivered in a condition consistent with this Contract. The Parties will diligently endeavor to cooperate in the each Managed Service.
c. The Customer shall ensure that it provides all necessary employees to witness, deal with enquires for Delivery Acceptance Tests during the period in which Acceptance Tests and such other inspections so that they are to be performed. The Customer shall ensure that such employees are empowered to make relevant decisions or have prompt access to empowered individuals for decisions to be made on behalf of the Customer in connection with the Acceptance Tests.
d. If the Managed Service meets the relevant criteria for such Acceptance Tests the Customer shall issue written notice of Acceptance in respect of the relevant Managed Service within five (5) Working Days of such criteria being met or in the absence of Written Acceptance, denote Acceptance by the practical use of the service.
e. If the Managed Service fails to meet the relevant criteria for the Acceptance Tests the Customer shall be entitled to:
i. notify swcomms that the Managed Service has failed to meet the relevant criteria for the Acceptance Tests and, in such event swcomms shall completed in a timely manner, and Ameren will provide written notification of the completion of same which shall serve as the acceptance for purposes of the commencement of the warranty period as set forth in Section 11.1. Ameren's acceptance of the Software and other Deliverables shall in no manner waive Ameren's rights under any event within any period for representation or warranty set forth in this Contract. If Ameren determines that the Software or other Deliverable has not successfully met the Acceptance Criteria, Ameren will promptly notify Supplier in writing of such determination (the “Failure Notice”) and will describe in reasonable detail its reasons for such determination. For Software, Supplier shall make such necessary corrections and modifications to the Software as will cause the Software to successfully pass the Delivery Acceptance Tests for not later than ten (10) business days from the date of the most recent Failure Notice. Supplier will notify Ameren in writing that Managed Service specified in such corrections and modifications have been completed (the Project Plan remedy “Correction Notice”). Promptly after receipt of the relevant failures Correction Notice, Ameren, with all necessary cooperation and thereafter submit assistance from Supplier, will re-test the Managed Services for further Software using the Delivery Acceptance Tests and perform such other tests (the “Additional Acceptance Tests;
ii”) as Ameren deems reasonably necessary. notify swcomms If Ameren determines that it deems the Managed Service Software fails again to have met the relevant criteria for successfully meet the Acceptance Tests conditional on swcomms remedying Criteria or any failures to meet the relevant criteria within a reasonable period that the Parties agree (acting reasonably and in good faith);
iii. notify swcomms that it deems the Managed Services to have met the relevant criteria for the Acceptance Tests "included as is", subject to an agreed reduction in the applicable Charges which reflects the value part of the Managed Service.
f. Acceptance of Managed Service or shall be deemed to have occurred on whichever is the earliest of:
i. the issuing by the Customer of written notice of Acceptance for the Managed Service that is the subject of the Acceptance Tests;
ii. the issuing of notice that the Managed Service is deemed by the Customer to have met the relevant criteria for the Additional Acceptance Tests, notwithstanding failures Ameren will promptly provide Supplier with a Failure Notice, and will have (in addition to its other remedies in equity or at law) the right to reject the Software or to terminate the applicable SOW or this Contract. In the event of the termination of the SOW or rejection of the Software, Supplier shall make a full refund of all amounts paid prior to termination or rejection. Notwithstanding the foregoing, Ameren's acceptance of the Deliverables shall in no manner waive Ameren's rights under any representation or warranty set forth in this Contract or those of any affected Ameren Affiliate. Notwithstanding the foregoing, Ameren’s failure to notify Supplier that the Services or Deliverables meet the relevant criteria;
iii. Acceptance Criteria within any time period as may be set forth in the expiry Statement of five (5) Working Days after the completion Work shall in no event result in such Service’s or Deliverable’s “deemed acceptance,” or “deemed approval” and Ameren’s acceptance of all such Service or Deliverable shall only occur upon Ameren’s written acknowledgment that such Service or Deliverable has met the Acceptance Tests for Criteria; provided, however, that Managed Service, unless in the Customer has given any written notice event Ameren fails to notify Supplier of acceptance its approval or rejection under Clauses d of such Service or e; and/or
iv. Deliverable pursuant to this Section within the use later to occur of: (i) any applicable time period set forth in whole the Statement of Work, or in part (ii) three (3) business days after Supplier’s notice to Ameren that such time period is going to, or has expired, then Supplier shall be entitled to an equitable adjustment to its fees and the Work Schedule to the extent of the Managed Service that is the subject of the Acceptance Tests by the Customerany resulting delay.
Appears in 1 contract
Acceptance Tests. a. Where swcomms considers Iptor methodology requires number of tests during the implementation in order to ensure a solution of highest quality by eliminating and minimizing errors as soon as possible. It is expected that the Implementation Services customer produces the test material found necessary in respect order for them to feel sufficiently comfortable when approving the new solution. Thus, it is the responsibility of a Managed Service have been completed the customer to produce the test plan and the respective Managed Service is ready for activation, it shall provide the Customer with notice. The Acceptance Tests, test success criteria underlying material and test data used by swcomms shall be such as are reasonably required to demonstrate that the Managed Service perform in all prepare and collect material respects in accordance with the Services Description.
b. swcomms shall carry out directions from Iptor. Any form of official testing and controlling, i.e. function test, system test, stress test and the Acceptance Tests in respect of the each Managed Service.
c. The Customer shall ensure that it provides all necessary employees to witness, deal with enquires for Acceptance Tests during the period in which Acceptance Tests are to be performed. The Customer shall ensure that such employees are empowered to make relevant decisions or have prompt access to empowered individuals for decisions to be made on behalf of actual completion test is managed by the Customer in connection accordance with the Acceptance Tests.
d. plans and the agreed upon test scenario. Iptor’s ability to provide the Professional Services described in this Statement of Work is predicated upon the assumptions set forth herein. If any of such assumptions proves inaccurate, this Statement of Work is subject to further adjustment in accordance with the Managed Service meets Change Request Procedures set forth below: (a) the relevant criteria for such Acceptance Tests the Customer shall issue written notice of Acceptance in respect scope of the relevant Managed Service within five Professional Services will not change from that detailed in this Statement of Work; (5b) Working Days software development work not identified in this Statement of such criteria being met Work is excluded; (c) Customer’s Project Manager will have overall project direction responsibility and any decisions affecting scope or schedule will be timely made; and (d) Customer will complete its obligations set forth in the absence this Statement of Written Acceptance, denote Acceptance by the practical use of the service.
e. If the Managed Service fails to meet the relevant criteria for the Acceptance Tests the Customer shall be entitled to:
i. notify swcomms that the Managed Service has failed to meet the relevant criteria for the Acceptance Tests and, in such event swcomms shall Work or corresponding Project Plan in a timely manner, manner so as to avoid affecting or delaying Iptor’s performance. Additional Professional Services required by Customer and not reflected in any event within any period for this Statement of Work may be performed by Iptor at Customer’s request at the Acceptance Tests for that Managed Service specified Agreed Billing Rates. Changes in the Project Plan remedy scope of Professional Services under this Statement of Work shall only be made in writing by authorized representatives of both parties. Iptor shall have no obligation to commence any work in connection with any change until the relevant failures cost and thereafter submit schedule impact of such Change Request is approved by the Managed Services parties. Provided that Customer has not given notice of material defects with respect to the Deliverables delivered pursuant to this Statement of Work, this Statement of Work shall be fulfilled and complete upon the earlier of written acknowledgement of completion by Customer or 10 days after delivery of each Deliverable. Iptor is entitled to charge Modifications Support fee from this Statement of Work and CR’s from all modifications (incl. integrations) developed within this Statement of Work and Change Orders. The fee value is 23%, unless otherwise stated in customer support agreement, of actual services costs for further Acceptance Tests;
iimodifications analysis, design, programming, testing and deploying. notify swcomms that it deems the Managed Service to The parties have met the relevant criteria for the Acceptance Tests conditional on swcomms remedying any failures to meet the relevant criteria within a reasonable period that the Parties agree (acting reasonably and in good faith);
iii. notify swcomms that it deems the Managed Services to have met the relevant criteria for the Acceptance Tests "executed this Statement of Work as is", subject to an agreed reduction in the applicable Charges which reflects the value of the Managed Servicelast date set forth below. Iptor Supply Chain Systems UK Limited. ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Email Contact: ▇▇▇▇.
f. Acceptance of Managed Service or shall be deemed to have occurred on whichever is the earliest of▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ By*: Name: Title: Date: By*: Name: Title: Date:
i. the issuing by the Customer of written notice of Acceptance for the Managed Service that is the subject of the Acceptance Tests;
ii. the issuing of notice that the Managed Service is deemed by the Customer to have met the relevant criteria for the Acceptance Tests, notwithstanding failures to meet the relevant criteria;
iii. the expiry of five (5) Working Days after the completion of all the Acceptance Tests for that Managed Service, unless the Customer has given any written notice of acceptance or rejection under Clauses d or e; and/or
iv. the use in whole or in part of the Managed Service that is the subject of the Acceptance Tests by the Customer.
Appears in 1 contract
Sources: Temporary Software License Agreement