Installation Acceptance. Means the SYSTEM has been installed and tested for a period of thirty (30) days from First Productive Use and has been found to be functional and capable of performing the functions that it is intended to perform when operated by a knowledgeable operator under specified operating conditions. Upon completion of the thirty (30) day testing period, Installation Acceptance shall be effective.
... If any nonconformity of the SYSTEM is discovered by the Customer during the thirty (30) day test period, Customer shall notify Emageon in writing immediately upon the discovery of such nonconformity and Emageon shall make every effort to correct such nonconformity within ten (10) days unless another period of time is mutually agreed upon by both parties and evidenced in writing signed by both parties. Should Emageon be prevented from installing the SYSTEM in accordance with the mutually agreed upon written Installation Plan due to delays caused solely by the Customer then the SYSTEM shall be deemed installed and accepted forty-five (45) days after the agreed upon Installation Acceptance date as set forth in the Installation Plan. Upon Installation Acceptance, Emageon shall invoice the respective Customer for all fees associated with the Installation Acceptance. Should Installation of the SYSTEM be delayed solely due to the fault of the other party, the delayed party may recover from the delaying party actual expenses incurred as a direct result of such delay.
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