Common use of System Acceptance Clause in Contracts

System Acceptance. If NYSDOT determines that any applicable portion of NYSDOT’s EAMP System has not successfully met the requirements of any applicable system acceptance during any System Implementation Phase, NYSDOT shall promptly notify Consultant in writing (hereinafter referred to as "notice of failure") and shall specify with as much detail as possible in which respects the System does not perform properly. The Consultant shall respond within ten (10) business days with a corrective-action plan and schedule to address all issues related to the failure(s), subject to NYSDOT’s approval. If NYSDOT rejects the corrective-action plan provided by the Consultant, NYSDOT may determine that the Consultant is in material default under this Agreement for purposes of the Suspension and Termination provisions of this Agreement or as provided elsewhere within the legally binding contract documents, or NYSDOT, at its sole discretion, may afford the Consultant with additional opportunity to cure the default.

System Acceptance. If NYSDOT determines that any applicable portion of NYSDOT’s EAMP Traffic Data System has not successfully met the requirements of any applicable system acceptance during any System Implementation Phase, NYSDOT shall promptly notify Consultant in writing (hereinafter referred to as "notice of failure") and shall specify with as much detail as possible in which respects the System does not perform properly. The Consultant shall respond within ten (10) business days with a corrective-action plan and schedule to address all issues related to the failure(s), subject to NYSDOT’s approval. If NYSDOT rejects the corrective-action plan provided by the Consultant, NYSDOT may determine that the Consultant is in material default under this Agreement for purposes of the Suspension and Termination provisions of this Agreement or as provided elsewhere within the legally binding contract documents, or NYSDOT, at its sole discretion, may afford the Consultant with additional opportunity to cure the default.