Common use of Previously Accepted Items Clause in Contracts

Previously Accepted Items. In the event any modification or rework of a previously Accepted Milestone Deliverable or other Deliverable is required for the Acceptance of a subsequent deliverable, then Service Provider shall perform such modification or rework at no charge as follows: (i) with respect to Milestone Deliverables, Service Provider shall perform any modification or rework of a previously Accepted Milestone Deliverable required for the Acceptance of a subsequent Milestone Deliverable at no charge, and (ii) with respect to Deliverables other than Milestone Deliverables, Service Provider shall perform modification or rework of a previously Accepted Deliverable at no charge in any case where the subsequent Deliverable was documented by the Agreement at the time that the previously Accepted Deliverable was developed, and each Party's obligations, rights, and remedies described herein shall continue to apply. Furthermore, in the event of a discovery of a latent defect in a previously Accepted Milestone Deliverable or other Deliverable, where such latent defect would have qualified as a Noncompliance at the time of Acceptance, upon notification by DIR or the applicable DIR Customer Service Provider will, at no additional charge, repair or replace or otherwise correct the Noncompliance to the level of performance specified in the Agreement.

Previously Accepted Items. In the event any modification or rework of a previously Accepted Milestone Deliverable or other Deliverable is required for the Acceptance of a subsequent deliverable, then Service Provider shall perform such modification or rework at no charge as follows: (i) with respect to Milestone Deliverables, Service Provider shall perform any modification or rework of a previously Accepted Milestone Deliverable required for the Acceptance of a subsequent Milestone Deliverable at no charge, and (ii) with respect to Deliverables other than Milestone Deliverables, Service Provider shall perform modification or rework of a previously Accepted Deliverable at no charge in any case where the subsequent Deliverable was documented by the Agreement at the time that the previously Accepted Deliverable was developed, and each Party's obligations, rights, and remedies described herein shall continue to apply. Furthermore, in the event of a discovery of a latent defect in a previously Accepted Milestone Deliverable or other Deliverable, where such latent defect would have qualified as a Noncompliance at the time of Acceptance, upon notification by DIR or the applicable DIR Customer Service Provider will, at no additional charge, repair or replace or otherwise correct the Noncompliance to the level of performance specified in the Agreement.

Previously Accepted Items. In the event any modification or rework of a previously Accepted Milestone Deliverable or other Deliverable is required for the Acceptance of a subsequent deliverable, then Service Provider shall perform such modification or rework at no charge as follows: (i) with respect to Milestone Deliverables, Service Provider shall perform any modification or rework of a previously Accepted Milestone Deliverable required for the Acceptance of a subsequent Milestone Deliverable at no charge, and (ii) with respect to Deliverables other than Milestone Deliverables, Service Provider shall perform modification or rework of a previously Accepted Deliverable at no charge in any case where the subsequent Deliverable was documented by the Agreement at the time that the previously Accepted Deliverable was developed, and each Party's obligations, rights, and remedies described herein shall continue to apply. Furthermore, in the event of a discovery of a latent defect in a previously Accepted Milestone Deliverable or other Deliverable, where such latent defect would have qualified as a Noncompliance at the time of Acceptance, upon notification by DIR or the applicable DIR Customer TxDOT Service Provider willshall, at no additional charge, repair or replace or otherwise correct the Noncompliance to the level of performance specified in the Agreement.