Failure of Acceptance. Qwest's payment obligations in Section 9 are contingent upon acceptance of the corresponding Product and related Services in accordance with Sections 12.1 and 12.2 and (***). If a Product fails to achieve acceptance as provided in Sections 12.1 and 12.2, Qwest may return the Product, title to which shall pass to Supplier upon delivery to Supplier, and apply amounts paid for such Product, if any, and related Services to any unpaid Supplier invoice hereunder upon written notice to Supplier, or upon written demand by Qwest, Supplier shall repay such amounts, if paid by Qwest, to Qwest.
Appears in 1 contract
Sources: Procurement Agreement (Tellium Inc)
Failure of Acceptance. Qwest's payment obligations in Section 9 are contingent upon acceptance of the corresponding Product and related Services (***) in accordance with Sections 12.1 and 12.2 and (***). If a Product fails to achieve acceptance as provided in Sections 12.1 and 12.2(***), Qwest may return the Product, title to which shall pass to Supplier upon delivery to Supplier, and apply amounts paid for such Product, if any, and related Services to any unpaid Supplier invoice hereunder upon written notice to Supplier, or upon written demand by Qwest, Supplier shall repay such amounts, if paid by Qwest, to Qwest.
Appears in 1 contract
Sources: Procurement Agreement (Advanced Switching Communications Inc)