Common use of ACCEPTANCE GUIDELINES Clause in Contracts

ACCEPTANCE GUIDELINES. 7.1 In the event that, due to a problem outside Motorola's control, a particular test or group of tests cannot be completed within the time scheduled, one of these procedures will be implemented: a) The affected test or portion of a test may be interrupted and rescheduled for completion or retesting at some future time. b) The affected test or portion of a test may be continued to completion and the Acceptance Test schedule amended as required to accommodate the remaining tests and the exceptions that failed the original testing. c) If the problem results from Customer action or inaction or due to non-performance of a Customer responsibility, the affected test will be rescheduled and any additional costs will be borne by Customer. Motorola will confer with Customer and decide, on a case by case basis, which of these procedures is appropriate and notify Customer. 7.2 In the event of Customer-caused delays (i.e. not force majeure or Motorola-caused) in the implementation of a System or System Expansion, Conditional Acceptance shall be deemed granted 60 days after the ATP -- Conditional Acceptance date set forth in the Project Implementation Schedule and all payments associated with Conditional Acceptance shall be due and payable as of this date. Final Acceptance for such System or System Expansion shall be deemed granted 90 days after the Conditional Acceptance date set forth in the Project Implementation Schedule and all payments associated with Final Acceptance shall be due and payable as of this date. In either case, 45 days before the automatic granting date is expected, Motorola shall provide written notice to the Customer that the provisions of this Section will apply. Notwithstanding the foregoing, Motorola may provide the aforementioned written notice 30 days before the automatic granting date is expected. In such case, if Customer takes action to cure the cause of the delay but requires more than 30 days, Customer shall be allowed an additional 15 days before Conditional or Final Acceptance, as the case may be, becomes automatic.

Appears in 2 contracts

Sources: Iden Infrastructure Supply Agreement (Tricom Sa), Iden Infrastructure Supply Agreement (Tricom Sa)