Common use of Failure to Pass Acceptance Tests Clause in Contracts

Failure to Pass Acceptance Tests. In the event that City determines that the System fails to meet the standards set forth in the Acceptance Test Plan, City shall promptly report to Contractor each deficiency, and Contractor will correct the reproducible aspects of the problem or failure within [insert number] days from date of Contractor’s receipt of notice of the problem or failure. Problems or failures that do not re-occur or cannot be repeated by Contractor, or by the City in Contractor’s presence, shall not be considered a failure. In the event that Contractor cannot achieve System Acceptance within [insert number] days following the commencement of Acceptance Testing, Contractor shall be in default under this Agreement and, in addition to those remedies set forth in Section 6 entitled “Termination,” City is further entitled to a refund of all payments made to Contractor under this Agreement.

Failure to Pass Acceptance Tests. In the event that City determines that the System fails to meet the standards set forth in the Acceptance Test Plan, City shall promptly report to Contractor each deficiency, and Contractor will correct the reproducible aspects of the problem or failure within [insert number] days from date of Contractor’s receipt of notice of the problem or failure. Problems or failures that do not re-occur or cannot be repeated by Contractor, or by the City in Contractor’s presence, shall not be considered a failure. In the event that Contractor cannot achieve System Acceptance within [insert number] days following the commencement of Acceptance Testing, Contractor shall be in default under this Agreement and, in addition to those remedies set forth in Section 6 Article 8 entitled “Termination,Termination and Default” City is further entitled to a refund of all payments made to Contractor under this Agreement.

Failure to Pass Acceptance Tests. In the event that City determines that the System fails to meet the standards set forth in the Acceptance Test Plan, City shall promptly report to Contractor each deficiency, and Contractor will correct the reproducible aspects of the problem or failure within [insert number] days from date of Contractor’s receipt of notice of the problem or failure. Problems or failures that do not re-occur or cannot be repeated by Contractor, or by the City in Contractor’s presence, shall not be considered a failure. In the event that Contractor cannot achieve System Acceptance within [insert number] days following the commencement of Acceptance Testing, Contractor shall be in default under this Agreement Attachment and, in addition to those remedies set forth in Section 6 entitled “Termination,” City is further entitled to a refund of all payments made to Contractor under this AgreementAttachment.

Failure to Pass Acceptance Tests. In the event that City determines that the System fails to meet the standards set forth in the Acceptance Test Plan, City shall promptly report to Contractor each deficiency, and Contractor will correct the reproducible aspects of the problem or failure within [insert number] days from date of Contractor’s receipt of notice of the problem or failure. Problems or failures that do not re-occur or cannot be repeated by Contractor, or by the City in Contractor’s presence, shall not be considered a failure. In the event that Contractor cannot achieve System Acceptance within [insert number] days following the commencement of Acceptance Testing, Contractor shall be in default under this Agreement and, in addition to those remedies set forth in Section 6 entitled “Termination,” City is further entitled to a refund of all payments made to Contractor under this Agreement.  Contractor should provide an acceptance test plan for City’s approval.