Unimark EC3000 Series Spezifikationen PDF herunterladen (Seite 27)

AIMS System and Services Agreement Page 27 of 60

12.2 There are three testing periods: Factory Acceptance Testing, Performance

Verification Testing, and Endurance Testing. Each of these tests is further

defined in Exhibit A.

12.3 During any testing period, County may, at its option, notify Contractor in writing of

any defect or malfunction within a reasonable time after it is determined such

exists so that Contractor, at its option, can commence making any needed

changes, modifications, adjustments or repairs to the System or parts thereof.

County shall notify Contractor of its Preliminary Acceptance or rejection of the

System, or any part thereof, within fifteen (15) County Work Days after the end of

any testing period. If County rejects the System, or any part thereof, it shall

specify the reasons therefore which reasons shall specify the Acceptance Criteria

that the System failed to meet. Upon receiving the notice of rejection, Contractor

shall have fifteen (15) County Work Days (or such length of time as mutually

agreed by the parties) after receipt of notice within which to either (a) modify,

repair, adjust or replace the System or any portion thereof, or (b) set forth the

reasons the System or portion thereof meet the Acceptance Criteria specified in

County’s notice. Any dispute as to whether the System or portion thereof

complies shall be determined pursuant to Article 13 of this System Agreement. If

Contractor modifies, repairs, adjusts or replaces the System or portion thereof,

then County shall have fifteen (15) additional County Work Days to retest the

System, or portion thereof, to confirm its proper operation and shall notify

Contractor of any rejection or Preliminary Acceptance in the same manner as

specified above.

12.4 In the event that for any testing period, Contractor is unable to remedy the

reason or reason(s) for rejection, or any part thereof, within fifteen (15) County

Work Days (or such length of time as mutually agreed by the parties pursuant to

12.3, above) after receipt of County’s initial notification, County shall elect either

to accept the System as it then exists or reject the System and terminate the

System Agreement and the License Agreement. If County elects to accept the

System as it then exists (partial acceptance), Contractor shall continue to remedy

the reason(s) for County’s partial acceptance and shall provide County with the

complete System meeting the Acceptance Criteria set out in the System

Agreement, prior to any final payment being made by County. If Contractor fails

to remedy the reason(s) for County’s partial acceptance within thirty (30) County

Work Days (or such length of time as mutually agreed by the parties after

Contractor’s receipt of County’s partial acceptance notification, including testing

by County, then County shall be entitled to deduct from any final payment, or be

paid by Contractor, the value of the rejected portion of the System as mutually

determined by the Contract Administrator and Contractor. In the event the

parties cannot mutually agree to such a value within thirty (30) County Work

Days after Contractor’s receipt of County’s partial acceptance notification, then

all retainage held by County as set forth in Article 6 shall be retained or paid to

County as reimbursement for accepting a System that has failed to meet the

Acceptance Criteria. If County elects to reject the System as a whole and

terminate this System Agreement and the License Agreement, Contractor shall

Exhibit 3

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Unimark EC3000 Series Spezifikationen Seite 27

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