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<br />- 9 - <br />completion of a major Phase of Services as defined in the Project Plan, then Customer agrees to pay <br />Farragut a fee in an amount equal to one percent (1%) of the total fees due for such Phase for each week <br />that the Project is delayed past 2 months, up to a maximum of 10% (10 weeks). <br /> <br />Farragut acknowledges that a delay in the completion of the Services is likely to lead to additional costs for <br />Customer. In the event that Farragut solely causes a delay of more than two (2) months in the completion <br />of a major Phase of Services as defined in the Project Plan, then Farragut agrees to provide Customer with <br />a credit in an amount equal to one percent (1%) of the total fees due for such Phase for each week that the <br />Project is delayed past 2 months, up to a maximum of 10% (10 weeks). <br /> <br />The parties agree that the fees and credits in this Section are not penalties but instead are good-faith <br />estimates of the damages associated with delays to each party. In addition, this Section is subject to the <br />terms of Section 8.3 of the Services Agreement (force majeure). <br /> <br />5. PROJECT MANAGERS <br />Each party will appoint and maintain a qualified person as its "Project Manager" under this SOW. Each <br />Project Manager will be the primary point of contact for this Agreement, will coordinate the party’s activities <br />and responsibilities under this SOW, and will respond promptly when contacted by the other Project <br />Manager regarding this Agreement. Each party shall notify the other in writing of any replacement of its <br />Project Manager. The Customer’s Project Manager shall have responsibility and authority for: <br /> Ensuring all Customer responsibilities are completed in a timely manner <br /> Accepting or rejecting deliverables under the terms of this SOW <br /> Approving invoices <br /> <br />The Project Managers will meet on at least a weekly basis to review status of the Services and any delays <br />or other issues under the Project Plan. <br />For Farragut: <br /> <br /> Name: Stephanie Gavilan-O'Neal <br /> Address: 2775 Meridian Pkwy, Durham, NC 27713 <br /> Telephone: 919-595-1814 <br /> Email: Stephanie.GavilanONeal@farragut.com <br /> <br />For Customer: <br /> <br /> Name: ____________________ <br /> Address: ____________________ <br /> Telephone: ____________________ <br /> Email: ____________________ <br /> <br />6. ACCEPTANCE <br />Customer shall review each final deliverable (“Deliverable”) to determine if it is in compliance in all material <br />respects with the acceptance criteria set forth in the Project Plan. Customer shall provide Farragut in writing <br />with its acceptance or rejection of each Deliverable within five (5) business days, unless a different time <br />period is agreed by the parties. The Deliverable will be deemed accepted by Customer if Customer uses <br />the Deliverable in a live, production setting or if Customer does not notify Farragut of any problems within <br />the five business day period noted above. <br />Customer shall provide Farragut with detailed information and specific reasons in the event Customer <br />DocuSign Envelope ID: 7DCC2B8A-E44C-4172-BF52-8A8B6D647BED