Common use of Failed Acceptance Testing Clause in Contracts

Failed Acceptance Testing. If the State of Iowa terminates a Statement of Work or the Agreement as provided under Section 5.1 (Acceptance Testing), Vendor shall refund or pay to the State of Iowa, within ten (10) business days of written notice of termination, any and all fees, compensation and other amounts previously paid to Vendor by the State of Iowa under this Agreement for all Services and/or Deliverables as to which the termination applies. No Waiver. Vendor’s receipt of any notice of Acceptance with respect to any Services and/or Deliverables shall not be construed as a waiver of any of the State of Iowa’s rights to enforce the terms of this Agreement or require performance in the event Vendor breaches this Agreement or the State of Iowa later discovers a discrepancy between the Acceptance Criteria and the corresponding Services and/or Deliverables actually received or delivered by Vendor to the State.