Production Environment Testing Sample Clauses

Production Environment Testing. Upon successful completion of all tasks set forth in the implementation plan which are a prerequisite to the commencement of production environment testing, including, but not limited to, successful completion of test environment testing under Section 6.b. above and successful installation of the System (including all components thereof) in User's production environment, User shall have thirty (30) days to test the System to ensure that the System conforms to the Acceptance Criteria. In the event User does not notify Vendor of any nonconformance within said thirty (30) day period, User shall be deemed to have accepted the System. In the event User notifies Vendor that the System failed to perform in accordance with the Acceptance Criteria within said thirty (30) day period, Vendor shall have thirty (30) days from receipt of such notice to submit all corrections at no cost to User. Upon expiration of said thirty (30) day period or upon Vendor certifying in writing to User that all nonconformances have been corrected, whichever is earlier, User shall have the then-remaining testing period, or fifteen (15) days, whichever is longer, to test the System (“Retesting Period”). In the event User does not notify Vendor of any nonconformance within the Retesting Period, User shall be deemed to have accepted the System. In the event User notifies Vendor that the System failed to perform in accordance with the Acceptance Criteria within the Retesting Period, User shall have the right to: (i) termi- nate this Agreement upon written notice to Vendor, and Vendor shall promptly refund to User all sums paid to Vendor under this Agreement; or (ii) extend to Vendor additional thirty (30) day cure periods, and subsequent Retesting Pe- riod(s), as specified above. User's election of “(ii)” above shall not preclude User from electing “(i)” above in the event Vendor fails to correct all nonconformances. The refund set forth in this Section shall not bar User from pursuing other legal and/or equitable remedies; subject to the terms of Limitation of Liability Section of this Agreement. In addition, in the event User terminates this Agreement pursuant to this Section, Vendor shall be responsible for any and all costs in- curred in deinstalling the System, removing the System from User's premises, and in transporting the System back to Vendor.