Non-Acceptance. If within the 30-day period (or the 45-day period if applicable) described above, @ Home gives AT&T a written notice of any nonconformity of the Capacity to the Specifications or stating that the Service Components are not available for @ Home's use ("Non-Acceptance Notice"), Acceptance shall not occur. A Non-Acceptance Notice must either specifically identify the Specifications with which @Home contends the Capacity does not conform, or provide an explanation of the manner and extent to which the Service Component is not available. @Home will promptly upon AT&T's written request, give reasonably specific additional information to AT&T regarding the claimed nonconformity and , from the date of Non-Acceptance Notice until such information is provided, any applicable Commitment Date shall be tolled. AT&T shall use commercially reasonable efforts to correct such nonconformity and make the Service Component available within 10 days of receipt of @Home's valid Non-Acceptance Notice. Upon completion of such correction, AT&T shall notify @Home by providing a Delivery Notice, after which @Home shall have 10 days for Acceptance or for @Home to provide additional notice of a failure to deliver the Service Components by providing a Non-Acceptance Notice. Such process shall be repeated until Acceptance, provided however, if AT&T fails to correct any nonconformity of any Capacity to the Technical Specifications or to provide the Service Components within 90 days after the date of the first Delivery Notice, @Home may at its option terminate this Agreement with respect to the affected Route(s) only, upon written notice to AT&T. In such case, AT&T need no longer deliver the affected Route(s), and @Home need no longer pay any amounts due for such Route(s).
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Sources: Iru Capacity Agreement (At Home Corp), Iru Capacity Agreement (At Home Corp)
Non-Acceptance. If within the 30-day period (or the 45-day period if applicable) described above, @ Home gives AT&T a written notice of any nonconformity of the Additional Capacity to the Specifications or stating that the Service Components are not available for @ Home's use ("Non-Acceptance Notice"), Acceptance shall not occur. A Non-Acceptance Notice must either specifically identify the Specifications with which @Home contends the Additional Capacity does not conform, or provide an explanation of the manner and extent to which the Service Component is not available. @Home will promptly upon AT&T's written request, request give reasonably specific additional information to AT&T regarding the claimed nonconformity and , from the date of Non-Acceptance Notice until such information is provided, any applicable Commitment Date shall be tollednonconformity. AT&T shall use commercially reasonable efforts to correct such nonconformity and make the Service Component available within 10 days of receipt of @Home's valid Non-Acceptance Notice. Upon completion of such correction, AT&T shall notify @Home by providing a Delivery Notice, after which @Home shall have 10 days for Acceptance or for @Home to provide additional notice of a failure to deliver the Service Components by providing a Non-Acceptance Notice. Such process shall be repeated until Acceptance, provided however, if AT&T fails to correct any nonconformity of any Additional Capacity to the Technical Specifications or to provide the Service Components within 90 days after the date of the first Delivery Notice, @Home may at its option terminate this Agreement with respect to the affected Route(s) only, upon written notice to AT&T. In such case, AT&T need no longer deliver the affected Route(s), and @Home need no longer pay any amounts due for such Route(s).
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