Common use of Pilot Operation Clause in Contracts

Pilot Operation. After the Ordered Work is completed, the Contractor will call the Customer in writing to start the Pilot Operation, which call will include a draft testing scenario. The time period for starting the Pilot Operation is 5 (five) Business Days after the testing scenario is approved by the Customer, unless otherwise agreed by the Parties. If the Ordered Work includes the Installation and/or the Implementation and/or the Integration, the Contractor will complete it on or before the day preceding the start of the Pilot Operation. In case the Customer fails to appear on the date specified for performance of the Pilot Operation, and does not appear even in the additionally provided time period of 3 (three) Business Days from after the Contractor's repeated request, the Pilot Operation will be considered finished without Defects. The Parties will sign a record of the completed Pilot Operation. If it is established during the Pilot Operation that the number of Defects does not exceed the following values: Category A Defect - 0 Category B Defect - 0 Category C Defect - 3 the Contractor has the right to (i) call the Customer to Handover the Ordered Work and the Customer is obliged to take over the Ordered Work and/or (ii) to start performing Penetration test. If the record of the completed Pilot Operation implies that the Ordered Work does not meet the criteria stated in art. 5.4.3.4 hereof, the Contractor will remove the detected Defects within the time period of 10 (ten) Business Days from the day of signing the Record and, after they are removed, the Contractor will call the Customer to start the Pilot Operation with the art 5.4.3 hereof being applied as appropriate. The procedure of testing and subsequent defect removal will repeat until the Contractor meets the acceptance criteria stated in art. 5.4.3.4 hereof, however, no more than twice. In case the record of the completed Pilot Operation implies that the Ordered Work does not meet the criteria stated in art. 5.4.3.4 hereof, not even after the second repeated process pursuant to art. 5.4.3.5 hereof, the Customer has the right to withdraw from the partial agreement pursuant to art. 5.3.4. In such case the Contractor is not entitled to claim payment of the Price for the Ordered Work, or compensation of costs expended on the completion of the Ordered Work. Penetration test After the successful completion of the Pilot Operation and meeting the requirements as set forth in art. 5.4.3.4 hereof, the Customer is entitled to carry out a Penetration test at their discretion within ten (10) Business days from the signature of the record of the Pilot Operation as set forth in art. 5.4.4.3 hereof. The performance of the Penetration test will be supplied by a third party at the Customer’s expense. The Contractor is obliged to provide all necessary cooperation for the performance of the Penetration test. In the event that the Penetration test Report does not uncover any security issues in Categories Medium, High, Critical or higher (or their equivalents in meaning), the Contractor is entitled to invite the Customer to take over the Ordered Work in writing. Parties have expressly agreed that in case of discrepancies in classification of the security issue the Customer shall determine the category of the security issue. The indicative meaning of the above security issue Categories is listed below: Security issue Category “Critical” – uncovered vulnerability of the Ordered Work may be immediately used to compromise the Ordered Work (gaining access to unprivileged folders, gaining access to the domain/local administrator account, gaining access to other user accounts, potential permanent putting the Ordered Work out of service, etc.). Security issue “High” – uncovered vulnerability of the Ordered Work which, combined with other vulnerabilities or practices, poses a high risk. Security issue “Medium” – special conditions must be met to misuse the above vulnerabilities or the potential misuse thereof has a limited impact.

Pilot Operation. After the Ordered Work is completedsuccessful completition of Verification Operation and/or of Penetration Test, the Contractor will call the Customer in writing to start the Pilot Operation, which call will include a draft testing scenario. The time period for starting the Pilot Operation is 5 (five) Business Days after the testing scenario is approved by the Customer, unless otherwise agreed by the Parties. If the Ordered Work includes the Installation and/or the Implementation and/or the Integration, the Contractor will complete it on or before the day preceding the start of the Pilot Operation. In case the Customer fails to appear on the date specified for performance of the Pilot Operation, and does not appear even in the additionally provided time period of 3 (three) Business Days from after the Contractor's repeated request, the Pilot Operation will be considered finished without Defects. The Parties will sign a record of the completed Pilot Operation. If it is established during the Pilot Operation that the number of Defects does not exceed the following values: Category A Defect - 0 Category B Defect - 0 Category C Defect - 3 the Contractor has the right to (i) call the Customer to Handover the Ordered Work and the Customer is obliged to take over the Ordered Work and/or (ii) to start performing Penetration test. If the record of the completed Pilot Operation implies that the Ordered Work does not meet the criteria stated in art. 5.4.3.4 5.4.5.4 hereof, the Contractor will remove the detected Defects within the time period of 10 (ten) Business Days from the day of signing the Record and, after they are removed, the Contractor will call the Customer to start the Pilot Operation with the art 5.4.3 5.4.5 hereof being applied as appropriate. The procedure of testing and subsequent defect removal will repeat until the Contractor meets the acceptance criteria stated in art. 5.4.3.4 5.4.5.4 hereof, however, no more than twice. In case the record of the completed Pilot Operation implies that the Ordered Work does not meet the criteria stated in art. 5.4.3.4 hereof, not even after the second repeated process pursuant to art. 5.4.3.5 hereof, the Customer has the right to withdraw from the partial agreement pursuant to art. 5.3.4. In such case the Contractor is not entitled to claim payment of the Price for the Ordered Work, or compensation of costs expended on the completion of the Ordered Work. Penetration test After the successful completion of the Pilot Operation and meeting the requirements as set forth in art. 5.4.3.4 hereof, the Customer is entitled to carry out a Penetration test at their discretion within ten (10) Business days from the signature of the record of the Pilot Operation as set forth in art. 5.4.4.3 hereof. The performance of the Penetration test will be supplied by a third party at the Customer’s expense. The Contractor is obliged to provide all necessary cooperation for the performance of the Penetration test. In the event that the Penetration test Report does not uncover any security issues in Categories Medium, High, Critical or higher (or their equivalents in meaning), the Contractor is entitled to invite the Customer to take over the Ordered Work in writing. Parties have expressly agreed that in case of discrepancies in classification of the security issue the Customer shall determine the category of the security issue. The indicative meaning of the above security issue Categories is listed below: Security issue Category “Critical” – uncovered vulnerability of the Ordered Work may be immediately used to compromise the Ordered Work (gaining access to unprivileged folders, gaining access to the domain/local administrator account, gaining access to other user accounts, potential permanent putting the Ordered Work out of service, etc.). Security issue “High” – uncovered vulnerability of the Ordered Work which, combined with other vulnerabilities or practices, poses a high risk. Security issue “Medium” – special conditions must be met to misuse the above vulnerabilities or the potential misuse thereof has a limited impact.

Pilot Operation. After the Ordered Work is completed, the Contractor will call the Customer in writing to start the Pilot Operation, which call will include a draft testing scenario. The time period for starting the Pilot Operation is 5 (five) Business Days after the testing scenario is approved by the Customer, unless otherwise agreed by the Parties. If the Ordered Work includes the Installation and/or the Implementation and/or the Integration, the Contractor will complete it on or before the day preceding the start of the Pilot Operation. In case the Customer fails to appear on the date specified for performance of the Pilot Operation, and does not appear even in the additionally provided time period of 3 (three) Business Days from after the Contractor's repeated request, the Pilot Operation will be considered finished without Defects. The Parties will sign a record of the completed Pilot Operation. If it is established during the Pilot Operation that the number of Defects does not exceed the following values: Category A Defect - 0 Category B Defect - 0 Category C Defect - 3 the Contractor has the right to (i) call the Customer to Handover handover the Ordered Work and the Customer is obliged to take over the Ordered Work and/or (ii) to start performing Penetration testWork. If the record of the completed Pilot Operation implies that the Ordered Work does not meet the criteria stated in art. 5.4.3.4 hereof, the Contractor will remove the detected Defects within the time period of 10 (ten) Business Days from the day of signing the Record and, after they are removed, the Contractor will call the Customer to start the Pilot Operation with the art 5.4.3 hereof being applied as appropriate. The procedure of testing and subsequent defect removal will repeat until the Contractor meets the acceptance criteria stated in art. 5.4.3.4 hereof, however, no more than twice. In case the record of the completed Pilot Operation implies that the Ordered Work does not meet the criteria stated in art. 5.4.3.4 hereof, not even after the second repeated process pursuant to art. 5.4.3.5 hereof, the Customer has the right to withdraw from the partial agreement pursuant to art. 5.3.4. In such case the Contractor is not entitled to claim payment of the Price for the Ordered Work, or compensation of costs expended on the completion of the Ordered Work. Penetration test After the successful completion of the Pilot Operation and meeting the requirements as set forth in art. 5.4.3.4 hereof, the Customer is entitled to carry out a Penetration test at their discretion within ten (10) Business days from the signature of the record of the Pilot Operation as set forth in art. 5.4.4.3 hereof. The performance of the Penetration test will be supplied by a third party at the Customer’s expense. The Contractor is obliged to provide all necessary cooperation for the performance of the Penetration test. In the event that the Penetration test Report does not uncover any security issues in Categories Medium, High, Critical or higher (or their equivalents in meaning), the Contractor is entitled to invite the Customer to take over the Ordered Work in writing. Parties have expressly agreed that in case of discrepancies in classification of the security issue the Customer shall determine the category of the security issue. The indicative meaning of the above security issue Categories is listed below: Security issue Category “Critical” – uncovered vulnerability of the Ordered Work may be immediately used to compromise the Ordered Work (gaining access to unprivileged folders, gaining access to the domain/local administrator account, gaining access to other user accounts, potential permanent putting the Ordered Work out of service, etc.). Security issue “High” – uncovered vulnerability of the Ordered Work which, combined with other vulnerabilities or practices, poses a high risk. Security issue “Medium” – special conditions must be met to misuse the above vulnerabilities or the potential misuse thereof has a limited impact.