Independent Verification. If Client is subject to Rule 206(4)-2 under the Investment Advisers Act of 1940, Trust Company shall, upon written request, provide Client authorized independent public accountant confirmation of or access to information sufficient to confirm (i) Client’s Digital Assets as of the date of an examination conducted pursuant to Rule 206(4)-2(a)(4), and (ii) Client’s Digital Assets are held either in a separate account under Client’s name or in accounts under Client’s name as agent or trustee for Client’s clients.
Independent Verification. If Client is subject to Rule 206(4)-2 under the Investment Advisers Act of 1940, Coinbase Custody shall, upon written request, provide Client’s authorized independent public accountant confirmation of or access to information sufficient to confirm (i) Client’s Digital Assets as of the date of an examination conducted pursuant to Rule 206(4)-2(a)(4), and (ii) Client’s Digital Assets are held either in a separate account under Client’s name or in accounts under Client’s name as agent or trustee for Client’s clients.
Independent Verification. Borrower must provide for Lenders’ review and acceptance such documentation as may be required by Lenders to ensure Borrower is in compliance with the terms and conditions of this Credit Agreement, including, without limitation, resolutions of Borrower’s board of directors or a duly constituted and authorized committee thereof, certified by the secretary or an assistant secretary of the corporation, authorizing the execution and delivery of this Agreement and the other Loan Documents and performance of Borrower’s obligations hereunder and thereunder.
Independent Verification. 3.1 The Purchaser reserves the right to decide whether the evidence submitted to it demonstrates that the Timber and wood-derived products comply with the Contract Specification. The Purchaser reserves the right to decide whether the evidence submitted to it is adequate to satisfy the Purchaser that the Timber and wood-derived products comply with the requirements of the social criteria defined in section 1.2 above. In the event that the Purchaser is not satisfied, the Contractor shall commission and meet the costs of an ‘independent verification’ and resulting report that will (a) verify the forest source of the Timber and wood derived products and (b) assess whether the source meets the relevant criteria.
Independent Verification. If Client is subject to Rule 206(4)-2 under the Investment Advisers Act of 1940, or otherwise is required to provide audited financial statements or other verification of Client’s Digital Assets, then Coinbase Custody shall, upon written request, provide Client, Client’s authorized representative, or Client’s authorized independent public accountant confirmation of or access to information sufficient to confirm (i) Client’s Digital Assets as of the date of an examination conducted pursuant to Rule 206(4)-2(a)(4) or other applicable law, rule, or requirement), and (ii) Client’s Digital Assets are held either in a separate account under Client’s name or in accounts under Client’s name as agent or trustee for Client’s clients.
Independent Verification. Borrower shall permit, and shall cause each of its Subsidiaries to permit, Lender (or any agents or consultants that it may select) to inspect and examine the inventory, the receivables and all books and records of Borrower, at any time and at such time or times as Lender shall reasonably require. If an Event of Default exists and is continuing at the time the Lender seeks to commence an inspection or examination, then such inspection or examination may be commenced without prior notice from Lender to Borrower. If an Event of Default does not exist or is no longer continuing at the time the Lender seeks to commence an inspection or examination, then such inspection or examination may be commenced upon not less than three (3) days prior written notice from Lender to Borrower. The reasonable costs and expenses associated with any such inspection and examination shall be paid or reimbursed by Borrower in full to Lender, upon demand by Lender if (a) at the time Lender seeks to commence an inspection or examination an Event of Default exists and is continuing or (b) such inspection or examination is mandated or requested by the Lender’s regulators (foreign or domestic) or Lender’s auditors.
Independent Verification. PNM will conduct or cause to be conducted an independent verification of field work, data collection and analyses completed by Comverge. Comverge shall cooperate fully with PNM, and any contractor retained by PNM, in connection with any such independent verification.
Independent Verification. (i) Annually, as part of MPM’s and MSC’s annual budgeting process (or more frequently as determined by the Required Approval of the Steering Committee), the Steering Committee shall engage an independent, nationally recognized firm or consultant with appropriate experience and expertise (the “Audit Firm”) to undertake an audit as set forth herein. The Audit Firm shall be selected by the Steering Committee; provided, that, in the case of the first Past Period subject to this independent verification only (i.e., the review of fiscal year 2015), the Audit Firm shall be selected from among those firms listed on Exhibit G. Selection of the Audit Firm for subsequent Past Period reviews shall be made (A) by the Required Approval of the Steering Committee, and (B) if necessary, in accordance with Article XII. Fees and expenses of the Audit Firm in connection with such engagement shall be borne by MSC and MPM in accordance with their respective Allocation Percentage as may be adjusted following the results of such audit.
Independent Verification. In the event that the Issuer objects to the amount of any indemnification or amounts due calculated by any Noteholder pursuant to Section 2.10(b), the Issuer, within 30 days after its receipt of a notice under Section 2.10(b), shall notify such Noteholder in writing of such objection and the reasonable basis therefor Thereafter, if the Issuer and such Noteholder shall not have agreed upon the amount of such indemnification, the Issuer, within 30 days after its delivery of its notice under this Section 2.10(c) may request that the amount of such indemnification be verified by a firm of independent public accountants of nationally recognized standing (who may be such Noteholder's regular auditors) selected by such Noteholder. Such firm of independent public accountants shall be requested to either (i) confirm that the calculations of such Noteholder are correct and in conformity with the provisions of this Indenture, or (ii) revise the amount of the indemnification payable to such Noteholder in accordance with the provisions of this Indenture and set forth in reasonable detail the basis for such adjustment. The Issuer and such Noteholder agree that the determinations made by such Noteholder and verified or adjusted by such accounting firm in conformity with the provisions of this Indenture shall be conclusive and binding on such Noteholder and the Issuer. In the event that the Issuer shall seek verification pursuant to this Section 2.10(c) then notwithstanding the due dates for payments set forth in Section 2.10(b) the Issuer shall pay to such Noteholder the amount of the indemnity determined hereunder within 10 days after such determination.
Independent Verification. The Design-Builder acknowledges that it is responsible for the independent verification and confirmation of all information supplied to it by or on behalf of the Owner and upon which it elects to rely in connection herewith. No error or omission in any information supplied to the Design-Builder by or on behalf of the Owner shall constitute an Uncontrollable Circumstance, or relieve the Design-Builder from any of its obligations or entitle the Design-Builder to any increase in compensation hereunder, except to the extent provided in Section 3.4 (Geotechnical and Regulated Site Conditions) with respect to Specified Subsurface Conditions, Regulated Site Conditions and Differing Geotechnical Conditions.
