Common use of Testing Failure Clause in Contracts

Testing Failure. In the event that any of the Acceptance Tests establishes that the Platform does not perform in accordance with the required specifications and performance standards, USC shall forthwith notify 2tor in reasonable detail and suggesting how USC would like such failure to be remedied, and 2tor shall, at its expense and promptly after receipt of USC’s notice, modify or improve the Platform to ensure that the Platform performs in accordance with such specifications and performance standards. 2tor and USC shall thereafter conduct further the Acceptance Tests as needed, and 2tor shall modify or improve the Platform as necessary. The Program Launch shall be delayed until both parties are satisfied with the Acceptance Tests at least as to the essential functions of the Platform as such essential functions are reasonably agreed upon by the parties following delivery and approval of the Platform specifications, standards and service level agreements pursuant to paragraph 1.H.i above, and 2tor and USC shall thereafter continue Acceptance Tests until they have been completed to the reasonable satisfaction of both parties. Failure of the Platform to meet the specifications and performance standards necessary to run the essential functions of the Platform after June 1, 2009, or for such additional period as the parties may mutually agree, shall constitute a material default by 2tor entitling USC to terminate this Agreement pursuant to Section 5(C) below.