Acceptance of Services and Deliverables. If Client is dissatisfied with or objects to any service or deliverable under this Agreement, including without limitation for any purported failure to conform to any specifications set forth in any Statement of Work, then Client must notify Consultant of such dissatisfaction or objection, in a detailed writing, within ten business days after performance or receipt of the service or deliverable at issue. If Client does not timely provide any such notice, Client shall be deemed to have forever waived any objection or dispute with respect to the service or deliverable at issue. If Client does timely provide any such notice, Consultant will use commercially reasonable efforts to cure any unsatisfactory elements or alleged defects within ten (10) business days after receipt of the notice. Any attempt by Client to withhold payment because of a disputed service or deliverable without first giving Consultant ten (10) business days to cure the alleged defect will constitute a material breach of this Agreement.
Acceptance of Services and Deliverables. The Order will specify the manner in which Embarq will accept Services and Deliverables, if applicable.
Acceptance of Services and Deliverables. USCC, with Consultant’s cooperation and assistance, may conduct acceptance tests to verify whether the Services and/or Deliverables substantially conform to the applicable Specifications as and to the extent and during the time period (the “Acceptance Period”) specified in the applicable Statement of Work. If USCC notifies Consultant of any material non-conformities with the Specifications in any of the Services or Deliverables (collectively “Non-conformities”) in writing within the applicable Acceptance Period, Consultant shall promptly correct such Non-conformities at its own expense and shall notify USCC when the corrections are complete. USCC then shall have the right to test the corrected Services or Deliverables, as upon the initial completion of the applicable Services or Deliverables. USCC and Consultant may agree in a Statement of Work that certain Non-conformities will be corrected after acceptance of a Service or Deliverable during the post-implementation period. If USCC does not notify Consultant of any material Non-conformities within the Acceptance Period, or if USCC commences commercial use of the Services or Deliverables in connection with bills sent or other services provided to USCC subscribers (“Commercial Use”), USCC shall be deemed to have accepted the Services or Deliverables. USCC may, subject to Section 11.17, terminate the Services under a Statement of Work if Consultant fails to correct a Non-conformity with respect to such Statement of Work within sixty (60) days (the “Correction Period”) after the later to occur of the following: (a) Consultant’s receipt of written notice from USCC of such Non-Conformity, or (b) Consultant’s receipt of written notice from USCC that USCC will terminate the Services if such Non-conformity is not corrected. In such event, Consultant shall refund the fees and expenses paid by USCC to Consultant for: (i) the ***Information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for Confidential Treatment under Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Non-conforming Services or Deliverables under such Statement of Work, and (ii) any other Services or Deliverables that were previously paid for in whole or in part by USCC under such Statement of Work (the “Initial Services or Deliverables”) in which the Initial Services or Deliverables were identified as being part of an aggregated Deliverable (the “Aggregated Deliverable”) comprising addit...
Acceptance of Services and Deliverables. If upon review of the Services, GE, in its commercially reasonable discretion, determines that any part of the Services does not conform to mutually agreed upon acceptance criteria set forth in the applicable SOW, then SP, at its cost and expense, shall cure the nonconformity within [**] days or other duration agreed upon by GE. Acceptance by GE shall not constitute a waiver of any rights and remedies that may be available to GE under the MSA, law or equity, including for a breach of applicable warranties.
Acceptance of Services and Deliverables. ImageTrend shall deliver completed Deliverables and services to Client for acceptance. Each Work Order must detail the acceptance criteria for each Deliverable or service contained within that Work Order. If a Deliverable or services acceptance criteria is measurable objectively, it shall be complete upon satisfaction of that objective measurement without regard to either party’s satisfaction with the Deliverable. If 1) a Deliverable’s acceptance criteria is based on Client’s satisfaction with the Deliverable, or 2) no acceptance criteria is detailed, then the following default clause shall apply: After delivery of the Deliverable or performance of the service, Client shall have no more than thirty (30) days to: 1) accept the deliverable or service, or 2) reject the deliverable or service by providing a written rejection that reasonably sets forth the reason for the rejection and the changes required to gain Client’s acceptance, or 3) provide a written request for a fifteen (15) additional day extension to review the Deliverable or service; ImageTrend shall not unreasonably withhold approval of such 15 day extension. If Client does not provide an acceptance within the above time frame inclusive of extensions, the Deliverable or service will be deemed accepted. After delivery of the fourth revision of the service or Deliverable, the service or Deliverable shall be deemed accepted by Client.
Acceptance of Services and Deliverables. Gogo, with Airspan’s cooperation and assistance, may conduct acceptance tests to verify whether the Services and/or Deliverables substantially conform to the applicable Specifications and SOW. Gogo shall have thirty (30) days after completion of the applicable Services or delivery of the applicable Deliverables, or such other period as may be mutually agreed in the applicable SOW (the “Acceptance Period”), to test the Services and Deliverables. If Gogo notifies Airspan of any material non-conformities with the Specifications or applicable SOW in any of the Services or Deliverables (collectively “Non-conformities”) in writing within the applicable Acceptance Period, Airspan shall promptly correct such Non-conformities at Airspan’s own expense. Gogo then shall have the right to test the corrected Services or Deliverables, as upon the initial completion of the applicable Services or Deliverables. If Gogo does not notify Airspan of any material Non-conformities within the Acceptance Period, Gogo shall be deemed to have accepted the Services or Deliverables. Should Airspan fail to correct a Non-conformity within thirty (30) days after receiving written notice of it or such other time period to which the Parties mutually agree, Gogo may terminate the Services under the applicable SOW, and Airspan shall refund the fees and expenses paid by Gogo to Airspan for Non-conformingServices or Deliverables and for any other Services or Deliverables that are reliant on such Non-conformities and rendered of no reasonable utility to Gogo by virtue of the failure of such Airspan to correct such Non-conformities.
Acceptance of Services and Deliverables. Unless otherwise agreed, Citrix will evaluate Service or Deliverable and accept or reject it within fifteen (15) business days after receipt; otherwise the Service or Deliverable will be deemed accepted. Supplier agrees to fix any nonconformity to agreed specification and will have ten (10) business days to correct any nonconformity of any Deliverable after receiving notice from Citrix. If Supplier does not fix the Deliverable, if Citrix reasonably believes that the Services and Deliverables fail to conform to the specifications following Supplier’s re-performance, Citrix may, in its sole discretion reject the Deliverable without further obligation or work with Supplier to resolve the issue and terminate this Agreement as set forth herein, or provide Supplier with an additional opportunity to correct such nonconformity.
Acceptance of Services and Deliverables. The Deliverables provided under an SA or Order entered into pursuant thereto shall be subject to testing and verification of acceptability by T-Mobile in accordance with the Acceptance Procedures set forth in Schedule 8 (Governance), as well as such additional acceptance procedures as may be specified in the applicable SA(s) or Order(s).
Acceptance of Services and Deliverables. Unless otherwise stated in a Statement of Work, during the sixty (60) day period following the delivery of a Deliverable (the “Evaluation Period”), Shuffle Master shall have the right to evaluate and test the Deliverable in order to determine if it conforms with the functional and technical specifications and other acceptance criteria set forth in the Statement of Work for such Deliverable. In the event that the Deliverable does not conform to such specifications, as reasonably determined by Shuffle Master, Shuffle Master shall provide written notice to Sona describing the non-conformity(ies). Sona agrees to correct all such non-conformities and redeliver the corrected Deliverable to Shuffle Master for re-evaluation and re-testing as provided in this Section. If Shuffle Master does not report a non-conformity during the Evaluation Period, Shuffle Master shall be deemed to have accepted the Deliverable or the corrected version of the Deliverable, if applicable. In lieu of requesting Sona to correct a non-conformity, Shuffle Master may, in its discretion (a) modify the specifications so that the Deliverable conforms or (b) accept such non-conformity.
Acceptance of Services and Deliverables. Customer, with Consultant’s cooperation and assistance, may conduct acceptance tests to verify whether the Services and/or Deliverables substantially conform to the applicable Specifications as set forth in the applicable SOW. Customer shall have [***] after completion of the applicable Services or delivery of the applicable Deliverables, or such other period as may be mutually agreed in the applicable SOW (the “Acceptance Period”), to notify Contractor of its acceptance or rejection of the relevant Services and Deliverables. If Customer notifies Consultant of any material non-conformities with the Specifications in any of the Services or Deliverables (collectively “Non-conformities”) in writing within the applicable Acceptance Period, Consultant shall promptly correct such Non-conformities at Consultant’s own expense. Customer then shall have the right to test the corrected Services or Deliverables, as upon the initial completion of the applicable Services or Deliverables. If Customer does not notify Consultant of any material Non-conformities within the Acceptance Period, Customer shall be deemed to have accepted the Services or Deliverables. Should Consultant fail to correct a Non-conformity within [***] after receiving written notice of it or such time period to which the parties mutually agree, Customer may terminate the Services under the applicable SOW, and Consultant shall refund the fees and expenses paid by Customer to Consultant for Non-conforming Services or Deliverables and any other Services or Deliverables that are thereby rendered to be of no reasonable utility to Customer and Customer shall return any such non-conforming Deliverables to Consultant.
