Common use of Acceptance of Services and Deliverables Clause in Contracts

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. 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 conforming Services 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.