Testing and Acceptance. Designer will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client, within five (5) business days of receipt of each Deliverable, shall notify Designer, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Designer will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.
Testing and Acceptance. Within […***…] after RFM’s delivery of the IC Design File to ST, ST shall manufacture and deliver a commercially reasonable quantity of evaluation Product to RFM for evaluation testing. Upon RFM’s receipt of such Products from ST, RFM shall test such Products with the applicable Evaluation Software and in the applicable Evaluation Circuit Design to determine if the IC Design for such Products conforms to the applicable Specifications. Upon completion of such testing, RFM shall provide ST with the data from such testing (“Evaluation Data”). Upon ST’s receipt of the Evaluation Data, ST shall evaluate whether the Evaluation Data indicates that the IC Design conforms to the Specifications in all material respects. ST shall accept or reject the IC Design based on the Evaluation Data and shall give RFM written notice thereof within seven (7) calendar days after RFM’s delivery of the Evaluation Data to ST. An IC Design will be deemed accepted by ST if RFM has not received notification of rejection of such IC Design from ST within seven (7) calendar days after RFM’s delivery of the applicable Evaluation Data to ST. ST’s refusal to accept the IC Design must be reasonable, must be in writing and must be accompanied by a reasonably detailed description of the manner in which the IC Design fails to comply with the Specifications in all material respects (collectively, the “Deficiencies”) so that RFM can have the opportunity to correct the Deficiencies. If ST properly rejects the IC Design, RFM shall use commercially reasonable efforts to correct any Deficiencies and redeliver a corrected IC Design File within […***…] after RFM’s receipt of the rejection notice and the foregoing provisions set forth in this Section 3.3 shall be reapplied until the IC Design is accepted; provided, however, that upon the […***…] or any subsequent rejection, either party may terminate this Agreement upon thirty (30) calendar days prior written notice to the other party, unless the IC Design is accepted during such notice period. ***Text Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 230.406
Testing and Acceptance. Except as otherwise provided in a Statement of Work, Services and/or Deliverables will be deemed to be satisfactory and accepted by the Customer unless within thirty (30) days after delivery to the Customer, Customer gives Service Provider written notice, in sufficient detail, of the manner in which the respective Services and/or the Deliverables do not meet the requirements set forth in the Statement of Work (which includes any supporting documents referenced therein). For the avoidance of doubt, Customer shall be afforded the opportunity to test each individual Deliverable described in a Statement of Work (or any supporting or related documents referenced therein) per the terms of this Section 9. Once Customer receives the final deliverable as specified in the relevant Statement of Work, Customer shall identify all non-conformities within a single written notice of rejection, unless a non-conformity prevents Customer from evaluating, reviewing and testing the entire Deliverables and /or Services. Customer may reject Services and/or Deliverables only for their failure to materially conform to either the scope, specifications or test criteria set forth in the applicable Statement of Work. Upon receipt of such written notice, Service Provider will use commercially reasonable efforts to make such changes as are required to correct the identified deficiencies. If Service Provider is unable to correct any such deficiencies within thirty (30) days following receipt of such written notice, then Customer may require Service Provider to refund a portion of any amounts paid pursuant to the applicable Statement of Work that are directly attributable to the rejected Deliverable.
Testing and Acceptance. 11 5.4 Ownership of Data..............................................................................11 6. REGULATORY OBLIGATIONS AND COMMERCIALIZATION............................................................12 6.1 Commercialization of the Product...............................................................12 6.2 Regulatory Filings for the Products............................................................12
Testing and Acceptance. PathoGenesis shall have a period of [*] from the date of receipt of the shipment of Clinical Test Inhaler(s) to test for quality of the shipment and to accept or reject such shipment. If PathoGenesis determines that any shipment of the Clinical Test Inhalers or portions thereof do not meet the specifications set forth in Exhibit A, PathoGenesis shall notify AeroGen in writing within such [*] period, indicating the date of delivery and the defective nature of the Clinical Test Inhaler(s). AeroGen shall undertake commercially reasonable efforts to correct such defect, and supply PathoGenesis with a replacement shipment of Clinical Test Inhalers acceptable to PathoGenesis, within a reasonable time and in view of the timelines set forth in Exhibit B.
Testing and Acceptance. C.1 For all Project Deliverables, the following provisions will apply:
Testing and Acceptance. Company shall notify Customer when Company believes the customized Platform is ready for use by Customer. Upon receipt of such notice, Customer shall have ten (10) days in which to test the Platform. If Customer believes there are defects in the Platform it shall so notify Company and the parties shall cooperate in fixing any such defects. Customer shall be deemed to have accepted the customized Platform (i) if it does not notify Company of defects within such ten (10)-day period, (ii) when it notifies Company of such acceptance, or (iii) when it has used the customized Platform in commerce for thirty (30) days, whichever occurs first.
Testing and Acceptance. Developer will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client, within five (5) business days of receipt of each Deliverable, shall notify Developer, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such
Testing and Acceptance. 4.1 m-Wise shall submit to iTouch test scripts and data complying with the requirements of Schedule 4 (Acceptance and Testing) and being suitable to comprehensively test conformity of the Licensed Software to the Specification.
Testing and Acceptance. 11.1. The testing shall take place ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
