Site Acquisition Delay Testing definition
Site Acquisition Delay Testing. In any given System Area or System Sub-Area within the Initial System, in the event Site Acquisition Substantial Completion is delayed more than one hundred and fifty (150) days beyond the forecasted date for Site Acquisition Substantial Completion as set forth in the M5 Forecast (the "Site Acquisition Delay Period") provided to the Vendor with the Build Notice applicable to such System Area or System Sub-Area, as the case may be, due solely to the Owner's inability to achieve sufficient Site Acquisition in such System Area and/or System Sub-Area, as the case may be, the Vendor will have the right, but not the obligation, to commence Substantial Completion testing (as deemed applicable and appropriate pursuant to good faith mutual agreement between the Parties at such time but in any event to be completed within thirty (30) days of such commencement) for that portion of the otherwise incomplete PCS System or PCS Sub-System, as the case may be, in which the Vendor has (i) completed all applicable Facilities Preparation Services and (ii) fully Installed, to the extent possible at such time, all such Products to be Installed by the Vendor or its Subcontractors on otherwise fully constructed System Element Locations within such PCS System or PCS Sub-System. Subject to Section 6, in the event the Vendor successfully completes such modified Substantial Completion testing for such Installed portion of such otherwise incomplete PCS System or PCS Sub-System, as the case may be, pursuant to and in accordance with this subsection 2.41 and Exhibit B3, the Vendor will be entitled to such portion of the payments that otherwise would be made by the Owner pursuant to subsection 6.3(b) as applicable only to those Services and Products actually provided by the Vendor pursuant to and in accordance with the terms of this Contract in such portion of the otherwise incomplete PCS System and/or PCS Sub-System, as the case may be, that was subject to testing pursuant to this subsection 2.41. Nothing contained herein to the contrary will in any way modify the Vendor's obligations as to the completion and testing of the remaining portion of such PCS System pursuant to and in accordance with the terms of this Contract, including but not limited to the Project Milestones set forth in Exhibit A1. Nothing contained herein to the contrary will in any way require the Owner to pay the Vendor amounts already paid or otherwise provided for pursuant to any other provision of this Contract.