Inspection and Investigation. The Contractor agrees to provide to NYSERDA, NYSERDA’s technical contractor(s) and/or data agent, throughout the Project Term, access to the Project Site(s) facility, equipment, data (including metering and energy management system data), and personnel as necessary to facilitate quality assurance of the Project installation. NYSERDA or its technical contractor(s) may conduct a site inspection at a Project Site at any time. All installations are subject to random field or photo inspections. The selection of installations for inspection will be determined by NYSERDA according to standard NYSERDA protocol and the status of the Contractor. NYSERDA, its technical contractor, or data agent may choose to visit the Project Site to verify that the information provided in any of the required documentation is accurate. Written complaints received by NYSERDA from customers will be documented and investigated by NYSERDA or its representatives. Complaints from customers will be shared with the Contractor unless determined by NYSERDA to be frivolous and/or have no merit. If NYSERDA deems an inspection necessary, any milestone deliverables that are under review by NYSERDA will not be approved until the inspection has been completed. NYSERDA may charge the Contractor for any costs incurred by NYSERDA for additional design review, photo or field inspections that are required due to the failure by the Contractor to submit a complete application, repetitive errors in design or installation, or to make corrections or modifications as requested by NYSERDA.
Inspection and Investigation. The User must permit CUPF to inspect the Facility at any time to ensure compliance with this Agreement. The User must cooperate with the inspection. CUPF may examine the User’s records to determine and verify compliance with this Agreement and to resolve or decide any claim or dispute arising under this Agreement. The User must cooperate with any investigation by CUPF.
Inspection and Investigation. ViewRay will identify non-conforming Products in accordance with ViewRay’s internal inspection procedures and notify the Distributor of such non-conformance in writing. In all instances Distributor shall acknowledge receipt of notice in writing and provide an initial written status response back to ViewRay within three (3) Business Days. Distributor will investigate the non-conformance and implement correction and/or corrective actions, as
Inspection and Investigation. Purchaser has conducted an investigation of the Assets to be transferred hereunder and is ente ring into this Agreement in reliance on its own investigation concerning the physical condition, economic feasibility, profitability, value, and economic potential of said Assets and Purchaser was not induced to enter into this Agreement by any oral or written representation, statement of fact, expressions of opinion, or warranty of the Seller other than those expressly set forth in this Agreement. All of the foregoing Representations and Warranties of the Purchaser shall be true as of the execution of this Agreement and as of the Closing.
Inspection and Investigation. On the day of or immediately preceding the Closing Date, ARM shall have a full inspection of the most current regulatory filings for the purpose of examining the condition of SRCR. As of the Closing Date, SRCR shall be entering the joint venture based on: (a) its own independent investigation and evaluation of the Business, (b) its future prospects, and (c) the covenants, representations and warranties of ARM set forth herein, and is not relying on any oral representations made by ARM in this transaction with regard to the Business and Business Assets not otherwise contained explicitly or implicitly herein.
Inspection and Investigation. On the day of or immediately preceding the Closing Date, Buyer shall have a full inspection for the purpose of examining the physical condition of the FF&E, the Supplies and the Business Assets, relating to the Business. Prior to the Closing, Buyer shall also have had the opportunity to fully investigate the books, records and the Financial Statements relating to the Business. As of the Closing Date, Buyer shall be purchasing the Business based on: (a) its own independent investigation and evaluation of the Business, (b) its future prospects, and (c) the covenants, representations and warranties of Seller set forth herein, and is not relying on any oral representations made by Seller or any other person in this transaction with regard to the Business and Business Assets not otherwise contained explicitly or implicitly herein.
Inspection and Investigation. Purchaser and Purchaser's agents and consultants shall have until sixty (60) days after the Effective Date Hereof (the "Inspection Period") within which to conduct the inspections, investigations and reviews provided by this Article 4. Any delay by Seller in providing the Due Diligence Items shall entitle Purchaser to an equivalent extension of the Inspection Period. Purchaser shall have the right to enter upon Seller's property at necessary times for the purpose of inspecting the Real Property. Except as provided herein, Purchaser shall be responsible for all inspections, examinations, tests and evaluations.
Inspection and Investigation. Buyer warrants and represents to Seller that Buyer has conducted its own due diligence study of the Purchased Assets, including all of the investigations that Buyer deems necessary, to commit itself to purchase the Purchased Assets, such as soil tests, drainage studies, feasibility studies, environmental site assessments and other matters concerning, affecting or relating to the Purchased Assets. In making such due diligence study, Buyer is not relying upon any representations of the Seller, including any representations concerning the quality, feasibility or adaptability of the Purchased Assets to any particular use or development. Buyer further acknowledges that because it has been given the opportunity to study and investigate the Purchased Assets, that Buyer is in a position to be more knowledgeable than the Seller about any such problems, if any, that may be associated with developing, owning or using the Purchased Assets. Accordingly, Buyer is relying upon its own resources and its own studies to determine whether or not the Purchased Assets are free of any defective condition that might interfere with Buyer's intended use of the Purchased Assets. Buyer further acknowledges that in conducting its independent investigation, that it has determined in the exercise of its sole and absolute discretion, without any restrictions or representations from Seller, the extent and scope of the investigation to be so conducted by Buyer.
Inspection and Investigation. The User must permit CUPF to inspect the Facility at any time to ensure compliance with this Agreement. The User must cooperate with the inspection. CUPF may examine the User’s records to determine and verify compliance with this Agreement and to resolve or decide any claim or dispute arising under this Agreement. The User must cooperate with any investigation by CUPF. Termination/Modification. CUPF may deny the requested use, unilaterally terminate or modify this Agreement and/or a permit issued to the User, and/or preclude (temporarily or permanently) User from future use of one or more Facilities, upon written notice to the User, for any of the following reasons: The User or any Person acting under the User’s authority misused, damaged, or destroyed property at a Facility or failed to leave the Facility as clean as it was before the Activity; The User or any Person acting under the User’s authority provided false or misleading information to CUPF, including false or misleading information about the User or the proposed use; CUPF assessed damages against the User or any Person acting under the User’s authority; CUPF deems the use inappropriate for the Facility, inconsistent with the size, location, and available services at the Facility, or inconsistent with public health, safety, or welfare standards; or The User or any Person acting under the User’s authority failed to fully complete or comply with the Agreement or a previous Agreement, including non-payment by virtue of a returned check or failure to make scheduled payments. Termination is effective 10 calendar days after the notice is issued, unless a different time is given in the notice. Neither the county nor the Board of Education is responsible for User’s losses as a result of termination or modification under this section, above and beyond refund of any fees User paid to CUPF for the use of the Facility. CUPF may terminate any permits or agreements that apply to other locations that CUPF has permitted the User to occupy. Before reinstating a permit, CUPF may require the User to comply with other conditions including meeting with the CUPF Director or designee, participating in user training, and paying for supervision by staff such as MCPS Security. CUPF may relocate, reschedule or cancel a permitted use that is in conflict with the school’s academic programming or when it is in the best interest of the county or the Board of Education to do so. Neither the county nor the Board of Education is r...
Inspection and Investigation. (a) Initial Inspection Period; Inspection Period Extensions. Purchaser and Purchaser's agents and consultants shall have ninety (90) days after the Effective Date (the “Initial Inspection Period”) within which to review the documents, items, and issues addressed in Sections 4.1 through 4.8, inclusive, (e.g., Preliminary Title Report, the Property Descriptions, the Surveys, the easements, the Environmental Assessments, the UCC Search and any other studies, investigations or other matters, whether by Seller or undertaken by Purchaser) (collectively referred to herein as the “Due Diligence Items”). Any delay by Seller in providing Due Diligence Items it is responsible to provide and in Seller’s possession shall entitle Purchaser to an equivalent extension of the Initial Inspection Period. Additionally, in the event that Purchaser requires extra time to complete its inspections, investigations and reviews, due to no fault or omission on the part of Purchaser, Purchaser shall have the right, upon written notice to Seller delivered prior to expiration of the Initial Inspection Period, to extend said period for an additional sixty (60) days (the “First Extension Period”). If Purchaser is unable to complete its inspections, investigations and reviews during the First Extension Period, due to no fault or omission on the part of Purchaser, then Purchaser shall have the additional right, upon written notice to Seller delivered prior to expiration of the First Extension Period, to further extend the period for its inspections, investigations and reviews for a supplemental period of sixty
