Duty to Investigate Sample Clauses

Duty to Investigate. Contractor represents that it has, as of the Effective Date, taken reasonable steps to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost, including but not limited to: (i) conditions bearing upon transportation, disposal, handling, and storage of Equipment and Materials; (ii) the availability of labor, water, electric power, and roads; (iii) uncertainties of weather, river stages, tides, or similar physical conditions at the Site; (iv) the formation and conditions of the ground, (v) the character of the Equipment and Materials and facilities needed preliminary to and during performance of the Work; and (vi) the location and character of existing or adjacent work or structures. Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the Site and the RFP. Any failure of Contractor to take the actions described in this Section 5.1 will not relieve Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to Owner. Notwithstanding any factual statement, conclusion, or any language or recommendation contained in the RFP, including but not limited to the Geotechnical Reference Reports and the Geotechnical Evaluation Report (“GER”), Contractor assumes full responsibility for inspection of the Site and for the means and methods of construction that it employs when performing the Work.
Sample 1Sample 2See All (5)
AutoNDA by SimpleDocs
Duty to Investigate. You must, at Your own expense (i) perform or cause to be performed an independent investigation (including a forensics analysis) of any data security breach of Card or transaction data, (ii) perform or cause to be performed any remedial actions recommended by any such investigation, and (iii) cooperate with Payment World in the investigation and resolution of any security breach.
Sample 1Sample 2
Duty to Investigate complaints
Sample 1Sample 2
Duty to Investigate establish the truth, prosecute and sanction. The provisions of this law do not preclude the Colombian state from performing its duty to investigate, establish the truth, prosecute and sanction serious violations of Human Rights and serious breaches of International Humanitarian Law, as provided for in the Special Jurisdiction for Peace Agreement.
Sample 1
Duty to Investigate. The Settlor, Trustee and Administrator shall have no obligation to determine, with or without investigation, the identity or mailing address of any Beneficiary entitled to any distributions and they shall have discharged their duties hereunder when the Trustee or Insurer shall have transmitted checks and other required documents, by First Class United States Mail, to such Beneficiary to their last known respective addresses, as provided to the Settlor or Administrator.
Sample 1
Duty to Investigate. Collateral Agent shall be entitled to act, and shall be fully protected in acting upon, any communication in whatever form believed by Collateral Agent in good faith to be genuine and correct and to have been signed or sent or made by a proper person or persons or entity. Collateral Agent shall not be bound to investigate any facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order or other communication which it believes to be genuine, and may rely on the facts or matters so stated; but Collateral Agent, in its discretion, may make such further inquiry or investigation into such facts or matters as it may deem fit. With respect to any written notice or instruction hereunder that may be given solely by Majority in Interest, Collateral Agent may accept as genuine any such notice or instruction which on its face purports to be authorized by a Majority in Interest unless Collateral Agent has actual knowledge to the contrary.
Sample 1
Duty to Investigate. As a furnisher of consumer information to a CRA, Badcock is required to conduct a reasonable investigation of a direct dispute if the consumer submits a proper, written notice of dispute [See Contents of Dispute below] and it relates to: ● The consumer’s liability for a credit account; ● The terms of a credit account; ● The consumer’s performance or conduct related to an account; or ● Any other information related to the consumer’s credit standing, character, or reputation. Contents of Written Dispute - The consumer must include the following information in the written notice of dispute before Badcock is required to investigate and respond and the notice must be delivered to the address posted by Badcock for this purpose. If a CSARM employee of Badcock is in doubt as to whether the consumer’s dispute meets the required threshold to trigger our duty to investigate, the dispute shall be forwarded within 24 hours of receipt to the Compliance and Legal Departments for a final determination. The consumer’s notice of dispute must include: ● Sufficient information to identify the account or other relationship that is in dispute, such as an account number and the name, address, and telephone number of the consumer, if applicable; ● Specific information the consumer is disputing and an explanation of the basis for the dispute; and ● All supporting documentation or other information reasonably required by the furnisher to substantiate the basis of the dispute. This documentation may include, for example a copy of the relevant portion of the consumer report that contains the allegedly inaccurate information; a police report; a fraud or identity theft affidavit; a court order; or account statements. ● Posted Address for Written Disputes – Badcock shall include the address for submitting direct disputes to Badcock’s attention (1) on the consumer report, (2) within the Credit Agreement, Exceptions - Badcock is not required to investigate a direct dispute if the CSARM Department determines the dispute is related to: ● The consumer’s identifying information such as the consumer’s name, date of birth, Social Security number, telephone number(s), or address(es); ● The identity of past or present employers; ● Inquiries or requests for a consumer report; ● Information derived from public records, such as judgments, bankruptcies, liens, and other legal matters; ● Information related to fraud alerts or active duty alerts; ● Information provided to a consumer reporting agency by...
Sample 1
AutoNDA by SimpleDocs
Duty to Investigate. In the event of a breach of security adversely impacting the security of Purdue Parties’ Data caused by KHE’s or its subcontractors’, or their respective personnel’s failure to comply with the requirements herein, KHE also agrees to promptly: (i) investigate such breach, (ii) use commercially reasonable efforts to cure such breach, and (iii) exercise commercially reasonable efforts to restore any lost or damaged data using generally accepted data restoration techniques generally in use by advertising agencies (at the Purdue Parties’ cost unless the breach was caused solely by KHE’s negligent acts or omissions, in which case KHE will pay the reasonable cost of the same). Any Party collecting and maintaining data in connection with the Services and the activities contemplated hereunder will ensure, by regular backups (which shall be no less frequent than daily), that all such data that is generated and/or stored in or in connection with such Party’s system or archival tapes can be restored by appropriate automated methods. Liability for the loss of data shall be limited to the typical restoration cost that would have been incurred if backup copies of the data had been made on a regular basis. If any security breach requires Purdue, under applicable Law, to make a disclosure to any third party, the Parties will cooperate in making such disclosure, including determining the content, methods, and means of such disclosure, with Purdue taking the lead role in the disclosure protocol unless applicable Law provides that KHE shall be responsible for such disclosure. KHE (and any applicable Affiliates or subcontractors) will reasonably cooperate with Purdue in formulating the disclosure, but KHE (and any applicable Affiliates or subcontractors) will not make any such disclosure at its own initiative without Purdue’s prior written consent unless KHE is legally obligated to do so, in which case KHE shall provide Purdue with as much notice as is reasonably practical under the circumstances of KHE’s required disclosure.
Sample 1

Related to Duty to Investigate

  • Duty to Inform State contractors and prospective state contractors are required to inform their principals of the above prohibitions, as applicable, and the possible penalties and other consequences of any violation thereof. Penalties for Violations Contributions or solicitations of contributions made in violation of the above prohibitions may result in the following civil and criminal penalties: Civil penalties-$2000 or twice the amount of the prohibited contribution, whichever is greater, against a principal or a contractor. Any state contractor or prospective state contractor which fails to make reasonable efforts to comply with the provisions requiring notice to its principals of these prohibitions and the possible consequences of their violations may also be subject to civil penalties of $2000 or twice the amount of the prohibited contributions made by their principals. Criminal penalties—Any knowing and willful violation of the prohibition is a Class D felony, which may subject the violator to imprisonment of not more than 5 years, or $5000 in fines, or both. Contract Consequences Contributions made or solicited in violation of the above prohibitions may result, in the case of a state contractor, in the contract being voided. Contributions made or solicited in violation of the above prohibitions, in the case of a prospective state contractor, shall result in the contract described in the state contract solicitation not being awarded to the prospective state contractor, unless the State Elections Enforcement Commission determines that mitigating circumstances exist concerning such violation. The State will not award any other state contract to anyone found in violation of the above prohibitions for a period of one year after the election for which such contribution is made or solicited, unless the State Elections Enforcement Commission determines that mitigating circumstances exist concerning such violation. Additional information and the entire text of P.A 07-1 may be found on the website of the State Elections Enforcement Commission, xxx.xx.xxx/xxxx. Click on the link to “State Contractor Contribution Ban.”

  • No Duty to Inquire (i) LC Issuer is authorized and instructed to accept and pay drafts and demands for payment under any Letter of Credit without requiring, and without responsibility for, any determination as to the existence of any event giving rise to such draft, either at the time of acceptance or payment or thereafter. LC Issuer is under no duty to determine the proper identity of anyone presenting such a draft or making such a demand (whether by tested telex or otherwise) as the officer, representative or agent of any beneficiary under any Letter of Credit, and payment by LC Issuer to any such beneficiary when requested by any such purported officer, representative or agent is hereby authorized and approved. Each Borrower releases each LC Participant from, and agrees to hold each LC Participant harmless and indemnified against, any liability or claim in connection with or arising out of the subject matter of this Section, WHICH INDEMNITY SHALL APPLY WHETHER OR NOT ANY SUCH LIABILITY OR CLAIM IS IN ANY WAY OR TO ANY EXTENT CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACT OR OMISSION OF ANY KIND BY SUCH LENDER PARTY; provided, however, only that no LC Participant shall be entitled to indemnification for that portion, if any, of any liability or claim which is proximately caused by its own individual gross negligence or willful misconduct, as determined in a final judgment.

  • Duty to Inform Lessor If Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance.

  • Access to Information; Independent Investigation Prior to the execution of this Agreement, the Subscriber has had the opportunity to ask questions of and receive answers from representatives of the Company concerning an investment in the Company, as well as the finances, operations, business and prospects of the Company, and the opportunity to obtain additional information to verify the accuracy of all information so obtained. In determining whether to make this investment, Subscriber has relied solely on Subscriber’s own knowledge and understanding of the Company and its business based upon Subscriber’s own due diligence investigation and the information furnished pursuant to this paragraph. Subscriber understands that no person has been authorized to give any information or to make any representations which were not furnished pursuant to this Section 2 and Subscriber has not relied on any other representations or information in making its investment decision, whether written or oral, relating to the Company, its operations and/or its prospects.

  • Right to Information The City of Xxxxxx reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right.

  • Duty to Inform Landlord If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance is located in, under or about the Premises or the Building, Tenant shall immediately give Landlord written notice thereof, together with a copy of any statement, report, notice, registration, application, permit, business plan, license, claim, action, or proceeding given to, or received from, any governmental authority or private party concerning the presence, spill, release, discharge of, or exposure to, such Hazardous Substance. Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under or about the Premises (including, without limitation, through the plumbing or sanitary sewer system).

  • Independent Investigation Subscriber, in making the decision to purchase the Units, has relied upon an independent investigation of the Company and has not relied upon any information or representations made by any third parties or upon any oral or written representations or assurances from the Company, its officers, directors or employees or any other representatives or agents of the Company, other than as set forth in this Agreement. Subscriber is familiar with the business, operations and financial condition of the Company and has had an opportunity to ask questions of, and receive answers from the Company’s officers and directors concerning the Company and the terms and conditions of the offering of the Units and has had full access to such other information concerning the Company as Subscriber has requested. Subscriber confirms that all documents that it has requested have been made available and that Subscriber has been supplied with all of the additional information concerning this investment which Subscriber has requested.

  • No Duty of Investigation Notice in Trust Instruments, etc. No purchaser, lender, transfer agent or other person dealing with the Trustees or with any officer, employee or agent of the Trust shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust. The Trustees may maintain insurance for the protection of the Trust Property, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Act.

  • Duty to Cooperate If the Parties disagree on any aspect of the proposed Motion for Preliminary Approval and/or the supporting declarations and documents, Class Counsel and Defense Counsel will expeditiously work together on behalf of the Parties by meeting in person or by telephone, and in good faith, to resolve the disagreement. If the Court does not grant Preliminary Approval or conditions Preliminary Approval on any material change to this Agreement, Class Counsel and Defense Counsel will expeditiously work together on behalf of the Parties by meeting in person or by telephone, and in good faith, to modify the Agreement and otherwise satisfy the Court’s concerns.

  • No Obligation to Inquire Without limiting the generality of the foregoing, Bank shall be under no obligation to inquire into, and shall not be liable for, the validity of the issue of any Securities, Collateral or Approved Investments held in the Account or Collateral Account, or the legality or propriety of any Loans hereunder.

Time is Money Join Law Insider Premium to draft better contracts faster.