ACCEPTANCE TESTING FAILURES, CURE PERIODS AND REMEDIES Sample Clauses

ACCEPTANCE TESTING FAILURES, CURE PERIODS AND REMEDIES. (a) For Development Deliverables. Problems and Acceptance Test Failures of Development Items are to be resolved in accordance with the SOW, Section 3.5.
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ACCEPTANCE TESTING FAILURES, CURE PERIODS AND REMEDIES. (a) If any Product(s) subject to Acceptance testing as described in Section 6.1 fails to pass Acceptance testing, Diveo will promptly (and in no event later than the applicable Acceptance Testing Period) notify Lucent in writing, specifying the nature of the failure in reasonable detail. Within ten (10) days after receiving notice from Diveo, Lucent shall either (i) correct all problems identified by Diveo, or, if that is not reasonably possible, (ii) develop a plan for Diveo's acceptance that describes in reasonable detail the steps Lucent intends to take to correct such problem(s) within thirty (30) days, and diligently proceed according to the plan until all of the problem(s) are corrected. Upon completion of such problem corrections, Diveo shall reconduct the Acceptance testing as provided in Section 6.1 to the extent that Diveo deems necessary to determine the compliance of the Product with the Acceptance Criteria. (b) Notwithstanding Subsection (a) above, if after a reasonable number of repeated efforts (but not more than three (3) attempts or more than a total of sixty (60) days for curing all problems encountered), Lucent is unable to correct all of the problems preventing Acceptance, Diveo may at its election: (i) extend the testing periods for a reasonable period of time and require Lucent to immediately replace the non-conforming item(s); (ii) accept the affected items at a mutually agreed reduced price that reflects the diminished functionality, to be replaced by full functionality items in the future at Diveo's discretion, at which time full payment will be made; or (iii) cancel or modify the corresponding Purchase Order and any other affected Purchase Order for cause and at no cost to Diveo and Lucent shall promptly refund (not to exceed 30 days) any amounts paid by Diveo or its Affiliates for such Purchase Orders.
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Related to ACCEPTANCE TESTING FAILURES, CURE PERIODS AND REMEDIES

  • Performance Default and Remedies Subsection B. DEFAULT AND REMEDIES, second paragraph of the Contract is modified as follows (underlined language is added and stricken language is deleted): “Written notice of default and a reasonable 30-day opportunity to cure must be issued by the party claiming default.”

  • Epidemic Failure Remedy If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products.

  • Incident Notice and Remediation If Contractor becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Contractor can establish that none of Contractor or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State.

  • Move-in; Inspection; Delay Before Resident may access or occupy the premises, any required installments or other payments then due (including any Administrative Fee, which is earned and payable upon mutual execution of this Agreement) must be paid in full with cleared funds and guaranty or prepayment requirements satisfied. The application fee (if any) is non-refundable and is not applicable toward any other payments required of Resident under this Agreement. Prior to Resident’s taking possession of the assigned bedroom space (and any re-assigned bedroom space), Resident will conduct an inspection of the assigned bedroom space and apartment and will note on the Check-In/Check-Out Inspection Report (“Inspection Report”) any defects, damage or other conditions observed, if not already identified by Owner on such report; upon completion and approval by Owner, the Inspection Report will become part of this Agreement. At the time of move-out, Resident is encouraged to inspect the bedroom space and apartment with Owner’s representative by making an appointment during business hours at least 48 hours in advance. Within three business days following Resident’s move-out (or, as applicable, following the move-out of all residents of an apartment) at the termination of this Agreement, or within a reasonable time if Resident moves out without notifying Owner, Owner will note the then-present condition of the assigned bedroom space and apartment, including all appliances and fixtures, and any damages incurred and/or extraordinary cleaning deemed necessary by Owner or extraordinary wear as determined by Owner. Resident will promptly pay all costs of restoring the bedroom space and apartment to the same condition upon move-in, less normal wear. Resident acknowledges that except as provided in the Inspection Report, each bedroom space and apartment are being delivered in "as-is" condition, and Resident’s acceptance of the assigned bedroom space and apartment at the beginning of the Term constitutes Resident’s acknowledgment that the bedroom space and apartment and all fixtures are in good repair and condition. Owner will not be responsible for any damages or consequences suffered by Resident as a result of Owner’s inability to timely deliver possession of the apartment or assigned bedroom space to Resident on the anticipated Start Date; in such event, the rent payable will be abated until Owner tenders possession and such delay will not extend or decrease the term or change the End Date. Resident acknowledges that any model apartment at the Property shown to Resident in person, online or through other means is intended to be representative of the general quality and type of construction and materials within apartments. Specific items of décor and furnishings and the actual colors, styles, materials, upholstery and other treatments in the apartment assigned to Resident may vary from those in the model apartment. The actual apartment assigned to Resident may also vary in approximate size, square footage and layout. Resident’s apartment will not include custom lighting, lamps, decorations, linens, unattached appliances or other personal property as may be shown in the model apartment.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.