Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies), and features required in the Contract Documents; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.
Appears in 3 contracts
Sources: Standard Agreement, Standard Agreement, Standard Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance Acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the AOC Project Manager will apply the acceptance criteria Acceptance Criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateAOC, in accordance with direction from the AOC Project Manager and as provided for in Exhibit D. Manager. The State AOC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s AOC Project Manager shall issue a written communication use the Acceptance and Sign-off Form, provided as Appendix B, to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the State’s AOC Project Manager shall submit to the Contractor a written rejection using Appendix B, describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the AOC Project Manager requests further change, the Contractor shall meet with the AOC Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s AOC Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State AOC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State AOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A, Standard Provisions, paragraph 3.
Appears in 2 contracts
Sources: Legal Services Agreement, Standard Agreement
Acceptance of the Work. The AOC Judicial Council’s Project Manager (“Project Manager”) shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateJudicial Council, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State Judicial Council shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The StateJudicial Council’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State Judicial Council rejects the Work provided, the StateJudicial Council’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State Judicial Council rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the Judicial Council and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the StateJudicial Council’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOCJudicial Council, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCJudicial Council, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State Judicial Council may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State Judicial Council may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.
Appears in 2 contracts
Sources: Judicial Council of California Standard Agreement, Standard Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance Acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the AOC Project Manager will apply the acceptance criteria Acceptance Criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the AOC Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s AOC Project Manager shall issue a written communication use the Acceptance and Sign-off Form, provided as Exhibit E, Attachments, Attachment 1, Acceptance of the Work and Sign-off Form, Acceptance and Sign-off Form to this Agreement, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s AOC Project Manager shall submit to the Contractor a written rejection using Exhibit E, Attachments, Attachment 1, Acceptance of the Work and Sign-off Form, Acceptance and Sign-off Form, describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the AOC Project Manager requests further change, the Contractor shall meet with the AOC Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s AOC Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A, Standard Provisions, paragraph 3.
Appears in 2 contracts
Sources: Standard Agreement, Distance Learning Course Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance Acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of a Milestone Payment associated with the Work and prior necessary to approval for paymentprovide a Deliverable, the Project Manager will apply the acceptance criteria Acceptance Criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings Rejection of any Work will be resolved as set forth in this provision. Acceptance Criteria for Work The acceptance criteria (“Acceptance Criteria”) for the Work to be provided by the Contractor pursuant to this AgreementAgreement include the following: Timeliness: The Work was delivered on time; Completeness: The Work contained provides the Data, Materials Materials, functionality and (including number of copies)if any) performance characteristics required by this Contract, is in accordance with the AOC Business Requirements and features required any specific testing criteria set forth in or established pursuant to the Contract Documentstesting plans specified in Exhibit D; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard); and Conformity to any other requirements given in the Statement of Work. The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Acceptance Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Acceptance Criteria. If the State rejects the Work, then the Contractor shall have a period of at least ten (10) business days days, or such other longer period that the State’s Project Manager may in writing agree to, from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Acceptance Criteria. If agreement cannot be reached between Contractor has failed to correct the Work within the time period established, the AOC Project Manager will, within three (3) business days, meet with the Contractor’s Project Manager and set an additional allowable period for the final submission of the corrected Work. Contractor shall have a period of at least three (3) business days, or such other longer period that the State’s Project Manager may in writing agree to, from the date of the meeting to correct the failure(s) to conform to the Acceptance Criteria. . If the State still rejects the Work, or Contractor disputes such rejection, and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement dispute cannot be reachedresolved in accordance with the provisions of Exhibit B, in the reasonable judgment of the Administrative Director of the AOCArticle 37, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director1.1.4, the State may reject shall have the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may right to terminate this Agreement pursuant to the terms of Standard Provisions paragraph Article 3, as set forth in Exhibit A.A. The State may, at any time, deliver a Suspend Work Order requiring the Contractor to suspend Work in accordance with the Order, for the period set forth in the Order that the State determines appropriate for the convenience of the State, and/or for any further period to which the parties may agree. The State will not suspend Work pursuant to this provision for an initial period longer than one (1) week without entering into an Amendment to this Agreement with the Contractor. Upon receipt of the Suspend Work Order, the Contractor shall immediately comply with its terms and take all commercially reasonable steps to minimize the incurrence of costs allocable to the Work covered by the Suspend Work Order during the period of Work suspension. Within a period specified in the Suspend Work Order, or within any extension of that period, the State shall either: Cancel the Suspend Work Order; or Terminate the Work covered by the Suspend Work Order as provided for in the termination provisions of this Agreement. If a Suspend Work Order issued under this provision is canceled or the period of the Suspend Work Order or any extension thereof expires, the Contractor shall resume Work. The State shall not be liable to the Contractor for loss of profits or indirect or consequential damages because of the Suspend Work Order issued under this provision.
Appears in 2 contracts
Sources: Standard Agreement, Standard Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in the Default and Remedies provision of this Exhibit A.C.
Appears in 1 contract
Sources: Contract Agreement
Acceptance of the Work. The AOC Judicial Council’s Project Manager (“Project Manager”) shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracyAccuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateJudicial Council, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State Judicial Council shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The StateJudicial Council’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State Judicial Council rejects the Work provided, the StateJudicial Council’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State Judicial Council rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the Judicial Council and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the StateJudicial Council’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOCJudicial Council, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCJudicial Council, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State Judicial Council may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State Judicial Council may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.
Appears in 1 contract
Acceptance of the Work. The AOC State’s Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the State’s Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the State’s Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment __ in Exhibit ___ of this Agreement, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment __, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the State’s Project Manager requests further change, the Contractor shall meet with the State’s Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A. Termination does not relieve the State of liability for wrongfully rejected Work. The State’s acceptance of the Work shall not relieve the Contractor from its responsibility for the Work. The State’s acceptance shall not be deemed to be a waiver of its rights should any claims arise from the performance of the Contractor’s Work.
Appears in 1 contract
Sources: Master Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard), and concepts are presented logically and clearly. The Contractor shall provide the Work to the StateAOC, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State AOC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement’s Exhibit F, Attachments, to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State AOC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State AOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.
Appears in 1 contract
Sources: Indemnification Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance Acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the AOC Project Manager will apply the acceptance criteria Acceptance Criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the AOC Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s AOC Project Manager shall issue a written communication use the Acceptance and Sign-off Form, provided as Appendix B, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s AOC Project Manager shall submit to the Contractor a written rejection using Appendix B, describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the AOC Project Manager requests further change, the Contractor shall meet with the AOC Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s AOC Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A, Standard Provisions, paragraph 3.
Appears in 1 contract
Sources: Contract Agreement
Acceptance of the Work. The AOC AOC’s Project Manager shall be responsible for the sign-off acceptance of all the Work required and performed and/or submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the The AOC’s Project Manager will apply the standards established in Exhibit D and the acceptance criteria set forth in subparagraph B of this provisionarticle, as appropriate, to determine the acceptability of the Work provided by Service Provider. If the Contractor. Unsatisfactory ratings AOC’s Project Manager rejects the Work, the parties agree that any dispute(s) resulting from such rejection(s) will be resolved as set forth in this provisionarticle. Acceptance Criteria for Work (“Criteria”) provided by the Contractor Service Provider pursuant to this AgreementAgreement include: Timeliness: The Work was delivered provided on time; according to schedule; Completeness: The Work contained the all of the, Data, Materials (including number of copies)Materials, and features required in by the Contract DocumentsAgreement; and Technical accuracy: The Work is accurate as measured against commonly complied with the standards of this Agreement, or, if this Agreement lacks a standard for provision of the Work, the currently generally accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor Service Provider shall provide the Work to the State, AOC in accordance with direction from the AOC’s Project Manager and as provided for in Exhibit D. The State AOC’s Project Manager shall accept the Work, provided the Contractor that Service Provider has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the StateAOC’s Project Manager shall submit to the Contractor Service Provider’s Project Manager a written rejection describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor Service Provider shall have a period of ten (10) business days Business Days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A..
Appears in 1 contract
Sources: Standard Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the signAcceptance of the Work and Sign-off acceptance of all the Work Form (Exhibit F, Attachment 1) required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria Acceptance Criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateAOC, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State AOC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Acceptance of the Work and Sign-off Form (Exhibit F, Attachment 1), describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F, below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State AOC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State AOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.above.
Appears in 1 contract
Sources: Standard Agreement
Acceptance of the Work. When the Contractor considers the Work complete, the Contractor shall request a final inspection by the AOC. The Contractor shall request this final inspection only when all Work, including deficient items identified on previous inspections, has been completed. The AOC Project Manager shall be responsible will conduct a final inspection within 14 days of receipt of written request from the Contractor for final inspection. If, after the sign-off acceptance of all inspection, the AOC determines that the Work required and submitted pursuant to this Agreement. Prior to approval is complete, the AOC will determine the date of the completion of the Work and prior to approval for payment, recommend that the Project Manager will apply Director accept the acceptance criteria set forth in subparagraph B Work within 60 days after the date of this provision, as appropriate, to determine Completion of the acceptability Work. Upon Acceptance of the Work provided by the Contractor. Unsatisfactory ratings Director: The Retention held by the AOC will be resolved released, and The Contractor will be relieved of the duty of maintaining and protecting the Work. If the AOC determines that the Work is not complete, the Contractor will be notified in writing of deficiencies. After correcting all deficiencies the Contractor shall again initiate the procedures for final inspection as set forth in this provisionabove. Determination by the AOC that the Work is complete or Acceptance Criteria for of the Work (“Criteria”) provided by will not bar any Claim against the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies), and features required in the Contract Documents; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doingParagraph 3.5. Upon rejection Acceptance of the Work, the State may terminate this Agreement pursuant AOC will submit a final statement to the terms Contractor: The final statement shall take into account the Contract Sum as adjusted by any Change Orders, amounts already paid to the Contractor, sums to be withheld for incomplete Work, stop notices, and for any other cause under the Contract. If the Contractor owes any amount to the AOC, the final statement shall serve as an invoice to the Contractor. The Contractor has 30 days after receipt of Standard Provisions paragraph 3, as the final statement to file a Claim with the AOC. All Claims shall comply with the requirements of Subparagraph 9.1.2. Failure to file a Claim within the 30 day period constitutes a failure to diligently pursue and exhaust the required administrative procedures set forth in Exhibit A.the Contract. Such failure shall constitute waiver of additional rights to compensation under the Contract or the right to request Equitable Adjustment. If the Contractor does not file a Claim within the 30 day period, the final warrant made by the AOC will become a complete and final settlement between the AOC and the Contractor. After Acceptance of the Work, and upon receipt of final statement from the AOC, Contractor will invoice the AOC for any sum due the Contractor including released Retention. Contractor shall provide the AOC unconditional lien and stop notices release for Contractor, all Subcontractors and Sub-subcontractor covering all labor, materials, and equipment for which a lien or stop notice could be filed when submitting Contractor’s final statement invoice. For contracts where progress payments were not authorized, Contractor will invoice the AOC, and the AOC will pay the Contractor 100 percent of the Contract Sum after Acceptance of the Work and receipt by the AOC of unconditional lien and stop notices release for Contractor, all Subcontractors and Sub-subcontractor covering all labor, materials, and equipment for which a lien or stop notice could be filed. The AOC will make payment in arrears after receipt of the Contractor’s properly completed invoice. Invoices shall clearly indicate: The Contract number; A unique invoice number; The Contractor's name and address; Taxpayer identification number (the Contractor’s federal employer identification number); Description of the completed Work, in accordance with the Contractor’s Progress Schedule; The DVBE dollars expended, if DVBE commitments were made; The contractual charges, including the appropriate progress payment, if authorized; and, Preferred remittance address, if different from the mailing address. The Contractor shall submit one (1) original and two (2) copies of invoices to: the AOC Project Manager, identified in the Contract for Construction. Invoices not on printed bill heads shall be signed by the Contractor.
Appears in 1 contract
Sources: Design Assist Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateJudicial Council, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State Judicial Council shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The StateJudicial Council’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Exhibit E, Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State Judicial Council rejects the Work provided, the StateJudicial Council’s Project Manager shall submit to the Contractor a written rejection using Exhibit E, Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State Judicial Council rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the Courts and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the StateJudicial Council’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, Courts (or its designee), shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCCourts (or designee), or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, Director of the Courts (or its designee), in the reasonable time established by the Administrative DirectorDirector of the Courts, the State Judicial Council may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State Judicial Council may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A. The Contractor shall conduct all work consistent with professional standards for the industry and type of work being performed under the Agreement.
Appears in 1 contract
Sources: Standard Agreement
Acceptance of the Work. The AOC Judicial Council Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Agreement using the Acceptance and Sign-off Form included in this Agreement as Exhibit F. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Datadata, Materials (including number of copies), materials and features as required in under this Agreement Scope of Services, including the Contract Documents; data organization and clarity. Technical accuracyAccuracy: The Work is accurate as measured against commonly accepted standard (standards for instanceactuarial work and quality assurance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptabilityspecifically GASB 43/45. If the State Judicial Council rejects the Work provided, the StateJudicial Council’s Project Manager shall submit to the Contractor a written rejection using the Acceptance and Sign-Off Form, describing in detail the failure of the Work as measured against the Criteria. If the State Judicial Council rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection rejections to correct the stated failure(s) to conform to the Criteria. (This timeframe may be shorter, depending upon Judicial Council deadline requirements to other agencies concerning the Work required under this Agreement. If the Judicial Council Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the Judicial Council and a principal of the Contractor as set forth in this Agreement. If agreement cannot be reached between the StateJudicial Council’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOCJudicial Council, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCJudicial Council, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State Judicial Council may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State Judicial Council may terminate this Agreement pursuant to the terms of the Standard Provisions paragraph 3Provisions, as set forth in Exhibit A.Termination for Cause.
Appears in 1 contract
Acceptance of the Work. The AOC Project Manager a. COMPANY at all times has the right to inspect the WORK, and CONTRACTOR shall arrange that COMPANY may inspect all equipment and material at the point of fabrication or elsewhere at the discretion of COMPANY. COMPANY shall have the right to reject at any time any portion of the WORK including, but not limited to, engineering, materials, equipment, installation, tools or supplies which in COMPANY's judgment does not comply with CONTRACTOR's representations, warranties, or guarantees, does not conform to specifications, or is of improper or inferior design or workmanship. CONTRACTOR shall strictly comply with the procedures of this Article and no theory such as substantial compliance shall be responsible for the sign-off acceptance effective to relieve CONTRACTOR of all the Work required and submitted pursuant to this Agreement. Prior to approval any of the Work and its obligations hereunder.
b. CONTRACTOR shall notify COMPANY in writing seven (7) calendar days prior to approval the actual date that CONTRACTOR expects to have the FACILITIES (or unit or portion thereof) ready for paymentPreliminary Acceptance. After all aspects of a project milestone have been completed (except that completion of insulation, painting, final cleanup or final grading may be waived) or been complied with, including assurance that the Project Manager will apply FACILITIES are tight, are internally and externally clean, and that all machinery and equipment is properly adjusted and tested, CONTRACTOR shall then certify to COMPANY, in writing, that the acceptance criteria set forth in subparagraph B FACILITIES or portion thereof are deemed ready for Acceptance.
c. Within seven (7) calendar days after receipt of this provisionCONTRACTOR's notification, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth above, COMPANY shall advise CONTRACTOR in this provisionwriting of any defects and/or deficiencies that are discovered. Acceptance Criteria Upon notification of defects and/or deficiencies, CONTRACTOR shall perform corrective measure to remove such defects and/or deficiencies and again notify COMPANY when the FACILITIES (or unit or portion thereof) are deemed ready for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies), and features required in the Contract Documents; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard)Preliminary Acceptance. The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall COMPANY will have a period of ten (10) business calendar days from receipt after each subsequent notification to advise CONTRACTOR, in writing, of any additional or remaining defects and/or deficiencies which must be corrected by CONTRACTOR before the FACILITIES will be mechanically acceptable. When the FACILITIES are preliminarily accepted, COMPANY shall issue a Notice of Preliminary Acceptance with ten (10) calendar days, dated to reflect the actual date of Preliminary Acceptance.
d. After Preliminary Acceptance of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, FACILITIES (or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, unit or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3portion thereof), as set forth in Exhibit A.applicable, CONTRACTOR shall complete all
Appears in 1 contract
Sources: Engineering, Procurement and Construction Agreement (Shorewood Packaging Corp)
Acceptance of the Work. The AOC AOC’s Project Manager shall be responsible for the sign-off acceptance of all the Work required and performed and/or submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the The AOC’s Project Manager will apply the standards established in Exhibit D and the acceptance criteria set forth in subparagraph B of this provisionarticle, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings If the AOC’s Project Manager rejects the Work, the parties agree to any dispute(s) resulting from such rejection(s) will be resolved as set forth in this provisionarticle. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this AgreementAgreement include: Timeliness: The Work was delivered provided on time; according to schedule; Completeness: The Work contained the all of the, Data, Materials (including number of copies)Materials, and features required in by the Contract DocumentsAgreement; and Technical accuracy: The Work is accurate as measured against commonly complied with the standards of this Agreement, or, if this Agreement lacks a standard for provision of the Work, the currently generally accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the AOC’s Project Manager and as provided for in Exhibit D. The State AOC’s Project Manager shall accept the Work, provided the that Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the StateAOC’s Project Manager shall submit to the Contractor Contractor’s Project Manager a written rejection describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days Business Days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A..
Appears in 1 contract
Sources: Title, Escrow, and Related Services
Acceptance of the Work. The AOC State’s Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Master Agreement. Prior to approval of the Work and prior to approval for payment, the State’s Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Master Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the State’s Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 in Exhibit F of this Master Agreement, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the State’s Project Manager requests further change, the Contractor shall confer with the State’s Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Master Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A. Termination does not relieve the State of liability for wrongfully rejected Work. The State’s acceptance of the Work shall not relieve the Contractor from its responsibility for the Work. The State’s acceptance shall not be deemed to be a waiver of its rights should any claims arise from the performance of the Contractor’s Work.
Appears in 1 contract
Sources: Master Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateJCC, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State JCC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 6 to this Agreement’s Exhibit G, Attachments, to notify the Contractor of the Work’s acceptability. If the State JCC rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 6, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State JCC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOCDirector, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCDirector, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State JCC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State JCC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph section 3, as set forth in Exhibit A.A, Standard Provisions.
Appears in 1 contract
Sources: Master Agreement for Technical Staff Augmentation Services
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateAOC, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State AOC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The StateAOC’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as @Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the StateAOC’s Project Manager shall submit to the Contractor a written rejection using @Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the Courts and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the StateAOC’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, Courts (or its designee), shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCCourts (or designee), or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, Director of the Courts (or its designee), in the reasonable time established by the Administrative DirectorDirector of the Courts, the State AOC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State AOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A. The Contractor shall conduct all work consistent with professional standards for the industry and type of work being performed under the Agreement. The Contactor agrees that throughout the term of this Agreement, the guarantee set forth in the provision shall apply. The Contractor guarantees that Work performed pursuant to this Agreement shall be fit for use as reasonably intended by the parities and shall be in accordance with Contract and performance requirements.
Appears in 1 contract
Sources: Standard Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateAOC, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State AOC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The StateAOC’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the StateAOC’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the StateAOC’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State AOC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State AOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.
Appears in 1 contract
Sources: Standard Agreement
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance Acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the AOC Project Manager will apply the acceptance criteria Acceptance Criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateAOC, in accordance with direction from the AOC Project Manager and as provided for in Exhibit D. Manager. The State AOC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s AOC Project Manager shall issue a written communication use the Acceptance and Sign-off Form, provided as Appendix B, to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the State’s AOC Project Manager shall submit to the Contractor a written rejection using Appendix B, describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the AOC Project Manager requests further change, the Contractor shall meet with the AOC Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s AOC Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State AOC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State AOC may terminate this Agreement pursuant to the terms of set forth in Exhibit A, Standard Provisions Provisions, paragraph 3. Under this Agreement, the AOC Project Manager, TBD, shall monitor and evaluate the Contractor's performance. All requests and communications about the Work to be performed under this Agreement shall be made through the AOC Project Manager. Any Notice from the Contractor to the AOC shall be in writing and shall be delivered the AOC Project Manager as follows: Judicial Council of California Administrative Office of the Courts Information Technology Services Office Attn: [TBD], AOC Project Manager ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ San Francisco, CA 94102-3688 Other than for Notices, the AOC Project Manager may be contacted as follows: Telephone: [TBD] Facsimile: [TBD] Email: [TBD] Notice to the Contractor shall be directed in writing to: Other Contractor information: Telephone: [TBD] Facsimile: [TBD] Email: [TBD] The Contractor shall conduct all work consistent with professional standards for the industry and type of work being performed under the Agreement. The AOC may, at any time, by written Notice to the Contractor, require the Contractor to stop all, or any part, of the Work of this Agreement, for a period up to ninety (90) Days after the Notice is delivered to the Contractor, and for any further period to which the parties may agree. The Stop Work Order shall be specifically identified as such and shall indicate it is issued under this provision. Upon receipt of the Stop Work Order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the Work covered by the Stop Work Order during the period of Work stoppage. Within a period of ninety (90) Days after a Stop Work Order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the AOC shall either: Cancel the Stop Work Order; or Terminate the Work covered by the Stop Work Order as provided for in either of the termination provisions of this Agreement. If a Stop Work Order issued under this provision is canceled or the period of the Stop Work Order or any extension thereof expires, the Contractor shall resume Work. The AOC shall make an equitable adjustment in the delivery schedule, the Contract Amount, or both, and the Agreement shall be modified, in writing, accordingly, if: The Stop Work Order results in an increase in the time required for, or in the Contractor’s cost properly allocable to the performance of any part of this Agreement; and The Contractor asserts its right to an equitable adjustment within thirty (30) Days after the end of the period of Work stoppage; however, if the AOC decides the facts justify the action, the AOC may receive and act upon a proposal submitted at any time before final payment under this Agreement. If a Stop Work Order is not canceled and the Work covered by the Stop Work Order is terminated in accordance with the Termination Other Than For Cause provision or the AOC’s Obligation Subject to Availability of Funds provision, as set forth under Exhibit B, the AOC shall allow reasonable costs resulting from the Stop Work Order in arriving at the termination settlement. The AOC shall not be liable to the Contractor for loss of profits because of the Stop Work Order issued under this provision. This Agreement is based upon the unique expertise of the Contractor. Therefore, in addition to the prohibition against assignment under Exhibit A.A, Standard Provisions paragraph 4, it is the policy of the AOC to withhold consent from proposed assignments, subcontracts, or notations when such transfer of responsibility would operate to decrease the AOC's likelihood of receiving performance under this Agreement. No performance of this Agreement or any portion thereof may be assigned or subcontracted by the Contractor without the express written consent of the AOC, and any attempt by the Contractor to assign or subcontract any performance of this Agreement without the express written consent of the AOC shall be void and shall constitute a breach of this Agreement. If the Contractor is authorized by the AOC to subcontract or assign, all the terms of this Agreement shall be included in such subcontract or assignment.
Appears in 1 contract
Sources: Off Site Storage Agreement