Failed Acceptance Testing Sample Clauses

Failed Acceptance Testing. As to an individual Statement of Work for New Services or Non-Recurring Initiatives, if VMU makes a good faith determination that a tested component and/or module has not successfully completed an Acceptance Test, VMU shall promptly notify IBM in writing of such failure (hereinafter “Notice of Failure”), specifying with as much detail as possible the manner in which the component and/or module failed to pass an applicable Acceptance Test. IBM shall immediately commence all reasonable efforts to complete, as quickly as possible (and in no event later than thirty (30) days thereafter, unless otherwise provided in the applicable Statement of Work), such necessary corrections, repairs and modifications to the applicable component and/or module as will permit the component and/or module to be ready for retesting. IBM shall notify VMU when such corrections have been completed, and the Acceptance Tests shall begin again. If, after applicable Acceptance Tests are completed for a second time, VMU makes a good faith determination that the tested component and/or module again fails to pass the applicable Acceptance Test, VMU shall promptly notify IBM in writing specifying in the Notice of Failure its election either to: (1) afford IBM the opportunity to repeat the correction and modification process as set forth above, or (2) depending on the nature and extent of the failure, and the parts of the Statement of Work impacted by such failure, in VMU’s sole judgment, (a) terminate that portion of the tested component and/or module associated with the Statement of Work in accordance with Section 28.2 as a non-curable default, or (b) if the failure to pass the applicable Acceptance Test materially impacts the function to VMU of the Statement of Work as a whole, terminate the Statement of Work in accordance with Section 28.2 as a non-curable default. The foregoing correct and modify procedure shall be repeated until IBM, based on VMU’s good faith determination, passes the applicable Acceptance Test, VMU elects to terminate the tested component and/or module or Statement of Work as set forth above, or the Parties agree otherwise. In the event of a termination under this Section 22.4, without limiting VMU’s other rights and remedies hereunder, IBM shall credit to VMU, within thirty (30) days of written notice of termination, all amounts paid by VMU to IBM for the terminated tested component and/or module or Statement of Work (as applicable); provided, however, that in the eve...
Sample 1
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Failed Acceptance Testing. If the State of Iowa terminates a Statement of Work or the Agreement as provided under Section 5.1 (Acceptance Testing), Vendor shall refund or pay to the State of Iowa, within ten (10) business days of written notice of termination, any and all fees, compensation and other amounts previously paid to Vendor by the State of Iowa under this Agreement for all Services and/or Deliverables as to which the termination applies. No Waiver. Vendor’s receipt of any notice of Acceptance with respect to any Services and/or Deliverables shall not be construed as a waiver of any of the State of Iowa’s rights to enforce the terms of this Agreement or require performance in the event Vendor breaches this Agreement or the State of Iowa later discovers a discrepancy between the Acceptance Criteria and the corresponding Services and/or Deliverables actually received or delivered by Vendor to the State.
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Failed Acceptance Testing. ‌ As to the components of each Deliverable, if County makes a good faith determination that a tested component or module has not successfully completed an Acceptance Test, County shall promptly notify Supplier in writing of such failure (hereinafter “Notice of Failure”), specifying in reasonable detail the manner in which the component and module (as applicable) failed to pass the applicable Acceptance Test. Supplier shall immediately commence all reasonable efforts to complete, as quickly as possible, such necessary corrections, repairs, and modifications to the applicable component and module as will permit the component and module to be ready for retesting. Supplier shall promptly notify County when such corrections have been completed, and the Acceptance Tests shall begin again. If, after applicable Acceptance Tests are completed for a third time, County makes a good faith determination that the tested component and module (as applicable) again fails to pass the applicable Acceptance Test, County shall promptly notify Supplier in writing specifying in the notice its election either to: (A) afford Supplier the opportunity to repeat the correction and modification process as set forth above; or, (B) depending on the nature and extent of the failure, and the components of the Deliverable impacted by such failure, in County’s sole judgment, (i) terminate that portion of the tested component and module (as applicable) associated with the applicable Deliverable, in accordance with Section 25.2 (Termination for Cause by County) as a non-curable default, or (ii) if the failure to pass the applicable Acceptance Test materially impacts the function to County of an entire Functional Service Area or, as applicable, Project or Non- Recurring Initiative, terminate the entire Functional Service Area or, as applicable, Project or Non- Recurring Initiative. The foregoing correct and modify procedure shall be repeated until Supplier, based on County’s good faith determination, passes the applicable Acceptance Test, or County elects to terminate the tested components or modules or Functional Service Area or, as applicable, Project or Non- Recurring Initiative as set forth above. As to Optional Work or Non-Recurring Initiatives provided on a Fixed Fee or Time and Materials work under a Type 2 Work Order, in the event of a termination under this Section 19.3 (Failed Acceptance Testing), Supplier shall credit to County, within ten (10) Business Days after written notice of ...
Sample 1
Failed Acceptance Testing. If the State of Iowa terminates a Statement of Work or the Agreement as provided under Section 5.1 (Acceptance Testing), Vendor shall refund or pay to the State of Iowa, within ten (10) business days of written notice of termination, any and all fees, compensation and other amounts previously paid to Vendor by the State of Iowa under this Agreement for all Services and/or Deliverables as to which the termination applies.
Sample 1
Failed Acceptance Testing. In the event of a termination under Section 11.6 (Acceptance Testing), Vendor shall pay to Xxxxxx, within [*] business days of written notice of termination, all sums paid to Vendor by Xxxxxx under this Agreement for the Services, Milestones and/or Deliverables as to which the termination applies. If Vendor fully performs by making complete reimbursement to Xxxxxx as provided herein, the reimbursement remedy shall be Xxxxxx’x sole remedy and shall preclude any other remedy available under this Agreement or at law or in equity for failure of acceptance testing. In the event Xxxxxx fails to Reject a Service, Milestone or Deliverable or otherwise respond to Vendor within the testing period provided above, Xxxxxx may not later Reject the Service, Milestone or Deliverable under Section 11.6 (Acceptance Testing) or receive a refund of fees paid as provided in this Section 11.7 (Failed Acceptance Testing) and any fees associated with Acceptance shall become due and payable.
Sample 1

Related to Failed Acceptance Testing

  • Acceptance Testing At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters.

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the first vest date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the first vest date. For your benefit, if you have not rejected the Agreement prior to the first vest date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.

  • Delivery; Acceptance of Premises; Commencement Date Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Landlord’s Work Substantially Completed (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 45 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Landlord’s Work,” “Tenant Delays” and “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. If Tenant does not elect to void this Lease within 10 business days of the lapse of such 45 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect. Notwithstanding anything to the contrary contained herein, if Tenant does not terminate this Lease pursuant to the immediately preceding sentence, Base Rent shall be abated 1 day for each day after such 45 day period (as extended by Force Majeure delays and Tenant Delays) that the Premises are not Delivered to Tenant.

  • Final Acceptance When the Project/Service or any portion thereof, as designated by the COUNTY, is ready for its intended use, the COUNTY and any other invited parties shall make an inspection of the Project/Service, to verify its completeness and develop a punch list of items needing completion or correction before final payment will be made. CONTRACTOR shall have ten (10) calendar days to correct all deficiencies. An eighty-dollar ($80.00) re-inspection fee shall be applied for the third inspection and any required re-inspection thereafter. The COUNTY shall have the right to exclude CONTRACTOR from those portions of the work designated as complete after the inspection; provided, however, that CONTRACTOR will have reasonable access for the time allotted by the COUNTY to complete or correct items on the punch list. When the work provided for under this Agreement has been completely performed by CONTRACTOR, and the final inspection has been made by the COUNTY, a final invoice will be prepared by the CONTRACTOR. The amount of this invoice, less any sums that may have been deducted or retained under the provisions of this Agreement, will be paid to CONTRACTOR in accordance with this Agreement, and after CONTRACTOR has agreed in writing to accept the balance due, as determined by the COUNTY, as full settlement of the account under the contract and of all claims in connection therewith. Occupancy by the COUNTY alone does not constitute final acceptance.

  • Product Acceptance Unless otherwise provided by mutual agreement of the Authorized User and the Contractor in the Authorized User Agreement, Authorized User(s) shall have sixty (60) days from the date of delivery to accept all Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Title or other property interest and risk of loss shall not pass from Contractor to the Authorized User until the Products have been accepted. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty

  • Stability Testing Patheon may be requested to conduct stability testing on the Products in accordance with the protocols set out in the Specifications for the separate fees and during the time periods set out in Schedule C to a Product Agreement. Patheon will not make any changes to these testing protocols without prior written approval from Client. If a confirmed stability test failure occurs, Patheon will notify Client within one Business Day, after which Patheon and Client will jointly determine the proceedings and methods to be undertaken to investigate the cause of the failure, including which party will bear the cost of the investigation. Patheon will not be liable for these costs unless it has failed to perform the Manufacturing Services in accordance with the Specifications, cGMPs, and Applicable Laws. Patheon will give Client ail stability test data and results at Client’s request.

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