Common use of Delivery, Performance and Acceptance Clause in Contracts

Delivery, Performance and Acceptance. For the purposes of this Agreement, the Section of the General Agreement titled “Delivery, Performance and Acceptance” is deleted in its entirety and replaced with the following: I. Overview a. Contractor acknowledges the competitive telecommunications marketplace in which AT&T operates and understands that AT&T’s business requires prompt Delivery of Material and provision of Services by the specified Delivery Dates. Therefore, the Parties agree that dates for Delivery of Material and Services are firm, time is of the essence, and Contractor will complete such Delivery in strict conformance with the Specifications. b. Notwithstanding AT&T’s Acceptance, AT&T retains the right to revoke Acceptance pursuant to Uniform Commercial Code Section 2-608. In no event shall Acceptance be deemed to occur prior to the date Contractor completes its Delivery of Material or Completion of Services. c. Proprietary and Confidential II. Correcting non-compliant (defective) Contractor-provided Material and Services prior to the Actualization of MS***** (*****)

Delivery, Performance and Acceptance. For the purposes of this Agreement, the Section of the General Agreement titled “Delivery, Performance and Acceptance” is deleted in its entirety and replaced with the following: I. Overview a. Contractor acknowledges the competitive telecommunications marketplace in which AT&T operates and understands that AT&T’s business requires prompt Delivery of Material and provision of Services by the specified Delivery Dates. Therefore, the Parties agree that dates for Delivery of Material and Services are firm, time is of the essence, and Contractor will complete such Delivery in strict conformance with the Specifications. b. Notwithstanding AT&T’s Acceptance, AT&T retains the right to revoke Acceptance pursuant to Uniform Commercial Code Section 2-608. In no event shall Acceptance be deemed to occur prior to the date Contractor completes its Delivery of Material or Completion of Services. c. Proprietary and Confidential II. Correcting non-compliant (defective) Contractor-provided Material and Services prior to the Actualization of MS***** (*****)