Common use of Acceptance Testing Procedure Clause in Contracts

Acceptance Testing Procedure. (a) Grantor shall make each Wavelength available to Purchaser for five (5) Working Days from the Committed Delivery Date or the date set forth in section 1.2.3 below for Purchaser to perform its acceptance testing to ensure that the Wavelength meets the RFS Standard. (b) Grantor shall make each Wavelength Ring available to Purchaser for ten (10) Working Days from the Committed Delivery Date of the last Wavelength in such Wavelength Ring or the date set forth in section 1.2.3 below for Purchaser to perform its acceptance testing to ensure that the Wavelength Ring meets the RFS Standard. 1.2.2 The acceptance testing will be performed in a two-step procedure: (i) Acceptance testing POP to POP: each Wavelength Ring will be tested according to RFS Standard between Grantor's Sites, with the exception of the Wavelengths terminating in Paris, where, when provided by Grantor, the Paris access will be included in the testing. (ii) Continuity testing: Grantor shall co-operate with Purchaser to End to End testing between Purchaser's customers' sites. 1.2.3 When Purchaser successfully completes its acceptance testing POP to POP and the Wavelengths and Wavelength Ring meet the RFS Standard, it shall notify Grantor and this shall constitute the RFS Date. The Purchase Price for each Wavelength Ring shall be paid on the RFS Date of such Wavelength Ring. Billing of OA&M Charges shall start from the RFS Date. 1.2.4 If Purchaser notifies Grantor that the Wavelengths or Wavelength Ring do not meet the RFS Standard, Grantor shall be given ten (10) Working Days to correct the defect. On the expiry of the ten (10) Working Days period Purchaser shall be given ten (10) Working Days to perform its acceptance tests and the procedure set forth in this section 1.2 shall continue to apply until the Wavelengths and Wavelength Ring meet the RFS Standard. 1.2.5 If Purchaser has not communicated either a positive or negative response to Grantor within ten (10) Working Days of the Committed Delivery Date of the relevant Wavelength or Wavelength Ring, Grantor shall give Notice to Purchaser that the acceptance testing period has expired without communication from Purchaser. If an additional ten (10) Working Days pass without communication from Purchaser, Grantor shall be entitled to invoice Purchaser for such Wavelength or Wavelength Ring (including OA&M fees). Any outage or defect on the Capacity shall be handled through the Customer Support Center process set forth in Clause 8.

Acceptance Testing Procedure. (a) Grantor shall make each Wavelength available to Purchaser for five (5) Working Days from after the Committed Delivery Date or the date set forth in section 1.2.3 below for Purchaser to perform its acceptance testing to ensure that the Wavelength meets the RFS Standard. (b) Grantor shall make each Wavelength Ring available to Purchaser for ten (10) Working Days from after the Committed Delivery Date of the last Wavelength in such Wavelength Ring or the date set forth in section 1.2.3 below for Purchaser to perform its acceptance testing to ensure that the Wavelength Ring meets the RFS Standard. 1.2.2 The acceptance testing will be performed in a two-step procedure: (i) Acceptance testing POP to POP: each Wavelength Ring will be tested according to RFS Standard between Grantor's Sites, with the exception of the Wavelengths terminating in Paris, where, when provided by Grantor, the Paris access will be included in the testing. (ii) Continuity testing: Grantor shall co-operate with Purchaser to End to End testing between Purchaser's customers' sites. 1.2.3 When Purchaser successfully completes its acceptance testing POP to POP and the Wavelengths and Wavelength Ring meet the RFS Standard, it shall notify Grantor and this shall constitute the RFS Date. The Purchase Price for each Wavelength Ring shall be paid on the RFS Date of such Wavelength Ring. Billing of OA&M Charges shall start from the RFS Date. 1.2.4 If Purchaser notifies Grantor that the Wavelengths or Wavelength Ring do not meet the RFS Standard, Grantor shall be given ten (10) Working Days to correct the defect. On the expiry of the ten (10) Working Days Day period Purchaser shall be given ten (10) Working Days to perform its acceptance tests and the procedure set forth in this section 1.2 shall continue to apply until the Wavelengths and Wavelength Ring meet the RFS Standard. 1.2.5 If Purchaser has not communicated either a positive or negative response to Grantor within ten (10) Working Days of the Committed Delivery Date of the relevant Wavelength or Wavelength Ring, Grantor shall give Notice to Purchaser that the acceptance testing period has expired without communication from Purchaser. If an additional ten (10) Working Days pass without communication from Purchaser, Grantor shall be entitled to invoice Purchaser for such Wavelength or Wavelength Ring (including OA&M fees). Any outage or defect on the Capacity shall be handled through the Customer Support Center Centre process set forth in Clause 8. 1.3 LEAD TIME TO CONNECT GUARANTEE THE COMMITTED DELIVERY DATE is the date corresponding to the dates mentioned in. If the Committed Delivery Date is not met, the following penalties will be paid by Grantor to Purchaser: Penalties will apply both on individual Wavelength and individual Wavelength Ring.

Acceptance Testing Procedure. (a) Grantor 15.6.1. No later than 30 days from the Commencement Date of a Service Order Form, the parties shall make each Wavelength available agree the Acceptance Criteria or a further schedule for making such determination where applicable. These criteria and data shall be such as are reasonably required to Purchaser show that the relevant Deliverable complies with the Acceptance Criteria. The parties shall provide reasonable assistance to the other in preparation of any Acceptance Criteria as required. The parties shall use best endeavours to agree the Acceptance Tests for the System within ten days from the date of delivery from one party to the other of the proposed Acceptance Criteria and other relevant data. 15.6.2. Within ten days of delivery of the relevant Deliverable, the Acceptance Tests shall be carried out. The Acceptance Tests shall be started as soon as reasonably possible after installation or delivery and shall be run continuously during Normal Working Hours. The Supplier shall carry out the agreed Acceptance Tests for the Deliverable unless the Customer notifies the Supplier, not later than five days after the relevant delivery date, that it will carry out the Acceptance Tests. The party carrying out the Acceptance Tests shall give the other party at least 24 hours' notice of the start of the Acceptance Tests and permit the other party to observe all or any part of the testing. 15.6.3. If the Deliverable fails to pass the Acceptance Tests, the Customer shall, within five (5) Working Days days from the Committed Delivery Date completion of the Acceptance Tests, or any part of these tests, provide a written notice to this effect, giving details of such failure(s). The Supplier shall remedy the defects and deficiencies and the relevant test(s) shall be repeated within a reasonable time. 15.6.4. If the Deliverable fails in some material respect to pass any repeated Acceptance Tests within four weeks from the date set forth of its second submission to the Acceptance Tests, then the Customer may, by written notice to the Supplier, choose at its sole discretion: 15.6.4.1. to fix (without prejudice to the Customer's other rights and remedies) a new date for carrying out further tests on the Deliverable on the same terms and conditions. If the Deliverable fails such further tests then the Customer may request a repeat test under this clause 15.6; or 15.6.4.2. to accept the Deliverable subject to such change of Acceptance Criteria, amendment of the Technical or other applicable Specification and/or reduction in section 1.2.3 below for Purchaser the Price/Fee as, after taking into account all the relevant circumstances, is reasonable; or 15.6.4.3. if the Supplier is unable to perform its acceptance testing to ensure that the Wavelength meets the RFS Standard. correct material defects within a period of three (b3) Grantor shall make each Wavelength Ring available to Purchaser for ten (10) Working Days months from the Committed Delivery Date commencement of Acceptance Tests under Clause 15.6.2, to reject the Deliverable as not being in conformity with the Service Order Form, in which event the Customer may terminate the part of the last Wavelength in Service Order Form relating to such Wavelength Ring or the date set forth in section 1.2.3 below for Purchaser to perform its acceptance testing to ensure that the Wavelength Ring meets the RFS StandardDeliverable. 1.2.2 The acceptance testing will be performed in a two-step procedure: (i) Acceptance testing POP to POP: each Wavelength Ring will be tested according to RFS Standard between Grantor's Sites, with the exception of the Wavelengths terminating in Paris, where, when provided by Grantor, the Paris access will be included in the testing. (ii) Continuity testing: Grantor shall co-operate with Purchaser to End to End testing between Purchaser's customers' sites. 1.2.3 When Purchaser successfully completes its acceptance testing POP to POP and the Wavelengths and Wavelength Ring meet the RFS Standard, it shall notify Grantor and this shall constitute the RFS Date. The Purchase Price for each Wavelength Ring shall be paid on the RFS Date of such Wavelength Ring. Billing of OA&M Charges shall start from the RFS Date. 1.2.4 If Purchaser notifies Grantor that the Wavelengths or Wavelength Ring do not meet the RFS Standard, Grantor shall be given ten (10) Working Days to correct the defect. On the expiry of the ten (10) Working Days period Purchaser shall be given ten (10) Working Days to perform its acceptance tests and the procedure set forth in this section 1.2 shall continue to apply until the Wavelengths and Wavelength Ring meet the RFS Standard. 1.2.5 If Purchaser has not communicated either a positive or negative response to Grantor within ten (10) Working Days of the Committed Delivery Date of the relevant Wavelength or Wavelength Ring, Grantor shall give Notice to Purchaser that the acceptance testing period has expired without communication from Purchaser. If an additional ten (10) Working Days pass without communication from Purchaser, Grantor shall be entitled to invoice Purchaser for such Wavelength or Wavelength Ring (including OA&M fees). Any outage or defect on the Capacity shall be handled through the Customer Support Center process set forth in Clause 8.