Common use of Failure of Acceptance Clause in Contracts

Failure of Acceptance. (10/19) The City will notify Contractor if a Deliverable or a portion of a Deliverable fails to pass an Acceptance review and will specify in reasonable detail the identified failures and possible reasons for failure. After City’s notification, Contractor shall correct the failure within ten (10) Business Days and notify the City that the correction has been completed. After Contractor’s correction notification, the City shall perform a second Acceptance review. If the Deliverable or portion of the Deliverable fails to pass the second Acceptance review, the City shall notify Contractor in writing, and the City may, in its sole discretion: (a) terminate this Contract with no further liability; (b) require Contractor to replace the Deliverable or defective portion of the Deliverable at no additional cost to the City, (c) require Contractor to make further corrections to prepare for re-review ; (d) Accept the Deliverable at a reduced cost to be negotiated between the Parties; or (e) issue an Acceptance Certificate for an “Acceptance with Exception(s)” in accordance with Sections 7.3.1 and 7.3.2.

Failure of Acceptance. (10/19) The City will notify Contractor if a Deliverable or a portion of a Deliverable fails to pass an Acceptance review and will specify in reasonable detail the identified failures and possible reasons for failure. After City’s notification, Contractor shall correct the failure within ten (10) Business Days Days, and notify the City that the correction has been completed. After Contractor’s correction notification, the City shall perform a second Acceptance review. If the Deliverable or portion of the Deliverable fails to pass the second Acceptance review, the City shall notify Contractor in writing, and the City may, in its sole discretion: (a) terminate this Contract with no further liability; (b) require Contractor to replace the Deliverable or defective portion of the Deliverable at no additional cost to the City, (c) require Contractor to make further corrections to prepare for re-review ; (d) Accept the Deliverable at a reduced cost to be negotiated between the Parties; or (e) issue an Acceptance Certificate for an “Acceptance with Exception(s)” in accordance with Sections 7.3.1 7.4.1 and 7.3.27.4.2.

Failure of Acceptance. (10/19) The City will notify Contractor if a Deliverable or a portion of a Deliverable fails to pass an Acceptance review and will specify in reasonable detail the identified failures and possible reasons for failure. After City’s notification, Contractor shall correct the failure within ten (10) Business Days and notify the City that the correction has been completed. After Contractor’s correction notification, the City shall perform a second Acceptance review. If the Deliverable or portion of the Deliverable fails to pass the second Acceptance review, the City shall notify Contractor in writing, and the City may, in its sole discretion: (a) terminate this Contract Price Agreement with no further liability; (b) require Contractor to replace the Deliverable or defective portion of the Deliverable at no additional cost to the City, (c) require Contractor to make further corrections to prepare for re-review ; (d) Accept the Deliverable at a reduced cost to be negotiated between the Parties; or (e) issue an Acceptance Certificate for an “Acceptance with Exception(s)” in accordance with Sections 7.3.1 and 7.3.2.