Failure to Satisfy Acceptance Criteria Sample Clauses

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Failure to Satisfy Acceptance Criteria. (i) If Dedicated Dial-Up Access Ports fail to conform to their Acceptance Criteria (each such failure a "Dial-Up Nonconformity"), Customer will notify Vendor within the Acceptance Test Period (by electronic mail), specifying the nature of the failure in reasonable detail. Vendor will remove rejected Dedicated Dial-Up Access Ports from service pending further troubleshooting and corrective action. At no additional charge to Customer, Vendor shall use commercially reasonable efforts to repair, replace or otherwise correct the Dial-Up Nonconformity (and any other problems of which it has knowledge) as soon as reasonably practicable after receiving notice from Customer so that the Dedicated Dial-Up Access Ports meet the applicable Acceptance Criteria. (ii) Upon completion of such efforts and Vendor's re-release of Dedicated Dial-Up Access Ports to Customer, Customer shall have an additional [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] business day period to retest the re-delivered Dedicated Dial-Up Access Ports to determine whether the previously reported Dial-Up Nonconformity has been corrected and if such Dedicated Dial-Up Access Ports otherwise then meet the applicable Acceptance Criteria. This process will be repeated as necessary until all Dial-Up Nonconformities are corrected and such Dedicated Dial-Up Access Ports meet the applicable Acceptance Criteria. (iii) Notwithstanding Subsection (ii) above, if after [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] attempts for curing Dial-Up Nonconformities, Vendor has not delivered such Dedicated Dial-Up Access Ports conforming to the applicable Acceptance Criteria, then Customer may: (1) allow Vendor to continue to try to correct any Dial-Up Nonconformities; (2) if mutually agreed upon by the Parties, accept such Dedicated Dial-Up Access Ports in their nonconforming condition and reduce Vendor's charges for such Dedicated Dial-Up Access Ports by a reasonable amount as mutually determined by the Parties that shall reflect the reduced value of such Dedicated Dial-Up Access Ports; or (3) (A) cancel, in whole or in part, at no cost or liability to Customer the portion of the corresponding Order that does not conform as of a date specified in a written notice of cancellation issued by Customer, and (B) so long as the Dial-Up Nonconformities affect at least[*Material Omitted and Separately Filed Under an Application for Confidential ...
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Failure to Satisfy Acceptance Criteria. If a Major Deliverable contains any Nonconformity, then such Nonconformity will be addressed [*] until all Nonconformities are corrected and the Major Deliverable meets its Acceptance Criteria, or is otherwise deemed Accepted as described above.
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Failure to Satisfy Acceptance Criteria. If a Deliverable fails to meet the relevant Acceptance Criteria or contains any Nonconformity, [*****] will deliver Provider written notification (the “Notice of Nonconformity”) of such fact, describing such Nonconformity with particularity. Promptly, but no later than ten (10) business days (or such other time frame as set forth in the applicable Supplement), after receiving the Notice of Nonconformity, Provider will correct the Nonconformity (and any other problems of which it has knowledge) and redeliver the Deliverable to [*****] in conformance with the Acceptance Criteria. Provider’s efforts to correct a Nonconformity will be provided at no additional charge to [*****].
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Related to Failure to Satisfy Acceptance Criteria

  • Acceptance Criteria The Services and Deliverables must meet the following acceptance criteria or the JBE may reject the applicable Services or Deliverables. The JBE may use the attached Acceptance and Signoff Form to notify Contractor of the acceptance or rejection of the Services and Deliverables. Contractor will not be paid for any rejected Services or Deliverables.

  • Failure to Satisfy Conditions If the Secured Party or its Custodian fails to satisfy any conditions for holding Posted Collateral, then upon a demand made by the Pledgor, the Secured Party will, not later than five Local Business Days after the demand, Transfer or cause its Custodian to Transfer all Posted Collateral held by it to a Custodian that satisfies those conditions or to the Secured Party if it satisfies those conditions.

  • Measuring DNS parameters Every minute, every DNS probe will make an UDP or TCP “DNS test” to each of the public-­‐DNS registered “IP addresses” of the name servers of the domain name being monitored. If a “DNS test” result is undefined/unanswered, the tested IP will be considered unavailable from that probe until it is time to make a new test.

  • Failure to Satisfy Conditions Precedent If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.