Common use of Standard of Performance and Acceptance Clause in Contracts

Standard of Performance and Acceptance. a. This section establishes a Standard of Performance that must be met before Acceptance of the Software by WSP. This Standard of Performance is also applicable to any additional, replacement, or substitute Software and any Software that is modified by or with the written approval of Vendor after having been Accepted. b. The Standard of Performance and Acceptance for Software shall be incorporated into this Contract through a mutually agreed upon SOW. c. The Acceptance Testing period shall be thirty (30) calendar starting from the day after the Software is installed by the Vendor and WSP certifies that Software is ready for Acceptance Testing. WSP will review all pertinent data and shall maintain appropriate daily records to ascertain whether the Standard of Performance has been met. d. In the event the Software does not meet the Standard of Performance during the initial period of Acceptance Testing, WSP may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. If after sixty (60) calendar days the Software still has not met the Standard of Performance WSP may, at its option: (i) declare Vendor to be in breach of this Contract and terminate this Contract; or, (ii) at the sole option of WSP, demand replacement Software from Vendor at no additional cost to WSP; or, (iii) continue the Acceptance Testing for an additional thirty (30) calendar days. WSP’s option to declare Vendor in breach and terminate this Contract shall remain in effect until exercised or until such time as Acceptance Testing is successfully completed. e. The date of Acceptance shall be the first WSP Business Day following the successful Acceptance Testing period and shall be formalized in a notice of Acceptance from WSP to Vendor.

Standard of Performance and Acceptance. a. This section establishes a Standard of Performance that must be met before Acceptance of the Software by WSP23.1. This Standard of Performance is also applicable to any additional, replacement, or substitute Software and any Software that is modified by or with the written approval of Vendor after having been Accepted. b. The Standard of Performance and Acceptance for Software shall be incorporated into this Contract through a mutually agreed upon SOW.is defined in the RFP and Vendor’s Response c. 23.2. The Acceptance Testing period shall be thirty (30) calendar days starting from the day after the Software is installed by the and Vendor and WSP certifies that Software is ready for Acceptance Testing. WSP WSDOT will review all pertinent data and shall maintain appropriate daily records to ascertain whether the Standard of Performance has been met. 23.3. d. In the event the Software does not meet the Standard of Performance during the initial period of Acceptance Testing, WSP WSDOT may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. If after sixty ninety (6090) calendar days days, the Software still has not met the Standard of Performance WSP WSDOT may, at its option: (i) declare Vendor to be in breach of this Contract and terminate this Order or this Contract; or, (ii) at the sole option of WSPWSDOT, demand replacement Software from Vendor at no additional cost to WSPWSDOT; or, (iii) continue the Acceptance Testing for an additional thirty (30) calendar days. WSPWSDOT’s option to declare Vendor in breach and terminate this Order or this Contract shall remain in effect until exercised or until such time as Acceptance Testing is successfully completed. e. 23.4. Software shall not be accepted and no charges shall be paid until this Standard of Performance is met. The date of Acceptance shall be the first WSP WSDOT Business Day following the successful Acceptance Testing period and shall be formalized in a notice of Acceptance from WSP WSDOT to Vendor.

Standard of Performance and Acceptance. a. This section establishes a Standard of Performance that must be met before Acceptance of the Software by WSP. This Standard of Performance is also applicable to any additional, replacement, or substitute Software and any Software that is modified by or with the written approval of Vendor after having been Accepted. b. The Standard of Performance and Acceptance for Software shall be incorporated into this Contract through a mutually agreed upon SOW.is defined in Schedule B. c. The Acceptance Testing period shall be thirty (30) calendar starting from the day after the Software is installed by the Vendor and WSP certifies that Software is ready for Acceptance Testing. WSP will review all pertinent data and shall maintain appropriate daily records to ascertain whether the Standard of Performance has been met. . d. In the event the Software does not meet the Standard of Performance during the initial period of Acceptance Testing, WSP may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. If after sixty (60) calendar days the Software still has not met the Standard of Performance WSP may, at its option: (i) declare Vendor to be in breach of this Contract and terminate this Contract; or, (ii) at the sole option of WSP, demand replacement Software from Vendor at no additional cost to WSP; or, (iii) continue the Acceptance Testing for an additional thirty (30) calendar days. WSP’s option to declare Vendor in breach and terminate this Contract shall remain in effect until exercised or until such time as Acceptance Testing is successfully completed. e. The date of Acceptance shall be the first WSP Business Day following the successful Acceptance Testing period and shall be formalized in a notice of Acceptance from WSP to Vendor.