Certificate of Final Acceptance. E.12.1. For Equipment and/or Software to be Commissioned, MIMOS will issue a Certificate of Final Acceptance for such Equipment and/or Software within ten (10) business days when it has been demonstrated that: E.12.1.1. the Equipment and/or Software (including end-to-end integration of all Equipment and/or Software) has been delivered in accordance with this Contract; and E.12.1.2. the performance of the Equipment and/or Software meets the requirements of the Specifications and the Contract; and E.12.1.3. the Acceptance Tests comprising the Preliminary Acceptance Tests and the Reliability Run for the Equipment and/or Software have been successfully completed in accordance with this Contract; and E.12.1.4. all outstanding Test Non-Conformities as listed in the Punch List discovered during the Acceptance Tests have been rectified to the satisfaction of MIMOS, and all other works and Services required to be completed by the Contractor pursuant to this Contract have been fully and satisfactorily completed in accordance this Contract; and E.12.1.5. any Handover Documents which needs to be rectified pursuant to Clause E.10.7 has been so rectified to the reasonable satisfaction of MIMOS and has been duly provided to MIMOS. E.12.2. The Contractor shall issue MIMOS a written notification upon the satisfaction of all the conditions specified in Clause E.12.1 above and if MIMOS has not signed a Certificate of Final Acceptance within ten (10) business days from the date of such notification and fails to notify the Contractor within such period that the Equipment and/or Software or Services has notwithstanding such earlier written notification by MIMOS materially failed to perform in accordance with the criteria specified in Clause E.12.1, the Certificate of Final Acceptance shall be deemed to have been issued. E.12.3. The issuance of any Certificates shall nevertheless be without prejudice to any claim of MIMOS in respect of any failure or defects within the Equipment, Software or System or Services not meeting the Specifications and other requirements pursuant to the Contract attributable to the Contractor which may subsequently become apparent or be discovered. The issuance of any Certificates by MIMOS and any comments or suggestions made by MIMOS, shall not relieve the Contractor of its obligations under this Contract or its liability and shall not constitute a waiver by MIMOS of any of its rights under this Contract, except as specifically provided elsewhere in this Contract.
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Sources: Procurement Agreement, Procurement Agreement, Procurement Agreement