Operational Use Clause Samples

Operational Use. Notwithstanding anything to the contrary herein, End User’s use of the Licensed Software for its intended purpose (“Operational Use”) shall constitute ▇▇▇▇▇’▇ verification or End User’s validation of the software products, without exception and for all purposes.

Operational Use. For the purposes of this agreement, operational use means the temporary re-routing of flows for pipeline optimization, scheduling of flows for maintenance and pipeline flushing. Scheduling for temporary use must be completed and approved by all involved Parties prior to such temporary use, the approval of which will not unreasonably be withheld.

Operational Use. After the deployment of the CSI Software as set forth in the Statement of Work (and immediately following the successful completion of the associated Verification Procedures set forth in Section 5, the End User shall begin an operational use period to begin operation by the End User of the CSI Software (“Operational Use”). The CSI Software shall be deemed to have successfully completed Operational Use when such CSI Software has operated for a period of fifteen (15) consecutive calendar days without a Critical Defect. A IF A CRITICAL DEFECT OCCURS DURING THE INITIAL OR ADDITIONAL FIFTEEN (15) DAY PERIOD, THEN THE END USER’S PROJECT MANAGER SHALL PROMPTLY NOTIFY CSI’S PROJECT MANAGER IN WRITING, AND PROVIDED CSI AGREES WITH THE END USER’S PROJECT MANAGER’S DETERMINATION, CSI SHALL USE ALL REASONABLE PRIORITIZED EFFORTS TO PROMPTLY CURE SUCH CRITICAL DEFECT. UPON CSI’S CURE OF ANY SUCH CRITICAL DEFECT, THE FIFTEEN (15) DAY TIMETABLE SHALL BEGIN AGAIN WITH RESPECT TO THE CSI SOFTWARE. B IF A NON-CRITICAL DEFECT OCCURS DURING THE INITIAL OR ADDITIONAL FIFTEEN(15) DAY PERIOD, THEN THE END USER’S PROJECT MANAGER SHALL PROMPTLY NOTIFY CSI’S PROJECT MANAGER IN WRITING, AND CSI SHALL USE ALL REASONABLE EFFORTS TO PROMPTLY CURE SUCH NON-CRITICAL DEFECT. UPON CSI’S CURE OF ANY NON-CRITICAL DEFECT, CSI WILL PROVIDE THE SOFTWARE TO THE END USER IN THE NEXT SCHEDULED SOFTWARE RELEASE CYCLE. NON-CRITICAL DEFECTS ARE NOT SUBJECT TO ADDITIONAL FIFTEEN (15) DAY OPERATIONAL USE CYCLES. C AT THE END OF THE INITIAL OR ADDITIONAL FIFTEEN (15) DAY PERIOD(S), AS THE CASE MAY BE, THE CSI SOFTWARE FOR WHICH THE END USER HAS NOT REPORTED A CRITICAL DEFECT SHALL BE DEEMED TO HAVE SUCCESSFULLY PASSED OPERATIONAL USE. WHEN THE CSI SOFTWARE FOR WHICH THE END USER DID REPORT A CRITICAL DEFECT DURING THE INITIAL FIFTEEN (15) DAY PERIOD OR HAS PERFORMED FOR A PERIOD OF FIFTEEN (15) CONSECUTIVE DAYS WITHOUT A FURTHER CRITICAL DEFECT, THAT CSI SOFTWARE SHALL ALSO BE DEEMED TO HAVE SUCCESSFULLY PASSED OPERATIONAL USE.

Operational Use. Notwithstartding anything 10 the contrary herein, End User's use of the Licensed Software lor Its intended purpose {"Operaliortal Use") shall corlstitute ▇▇▇▇▇'▇ verification or End User's validation olthe software products, wilhout exception and lor all purposes