Inspections and Tests. Buyer may enter the Premises and make or cause to be made any inspection(s), measurement(s), test(s), and/or other desired evaluation(s) of the Premises (the “Test(s)”), subject to the following requirements: a) Buyer shall provide Seller with at least two (2) business days written notice prior to initiating any such Test(s); and b) No Tests shall be initiated or conducted without the Seller approving the type, method, date, and time of any such Test(s); and c) No subsurface Test(s) shall be conducted without Seller’s prior written approval; and d) Seller shall have the right, but not the obligation, to have its agent(s) and/or representative(s) present at any such time(s) as the Test(s) is/are undertaken; and e) If the Premises are improved by a one-to-four family dwelling, any such Test(s) shall be completed within ten (10) calendar days of Seller’s acceptance of this Agreement. If the Premises are not improved by a one-to-four family dwelling, any such Test(s) shall be completed within thirty (30) calendar days of Seller’s acceptance of this Agreement. Buyer agrees that any damage caused by Buyer, its agents, and/or employees in the course of such entry coincident with performance of any such Test(s) shall be repaired promptly by Buyer at no cost whatever to Seller. Buyer shall indemnify, defend, and hold Seller harmless against any losses, expenses, claims, or damages (including reasonable legal costs and fees) related to Buyer's entry upon the Premises, including, without limitation, claims for injury to persons and/or property. If the Premises are not improved by a one-to-four family dwelling, prior to entry and as a condition to undertake any Test(s), Buyer agrees to provide a liability insurance certificate and policy endorsement naming Seller as an additional insured in such amounts as reasonably agreeable to Seller and with no endorsements limiting or restricting coverage with respect to New York Labor Law. If Buyer finds the result of any such Test(s) to be unsatisfactory, Buyer may, at Buyer's sole option, deem this Agreement null and void and the Deposit shall be returned to Buyer. Buyer shall have three (3) calendar days from the date on which the Test(s) was/were required to be completed to deliver written notice to Seller, together with a copy of the result(s) of any such Test(s), indicating Buyer's election to deem this Agreement null and void. In the event Buyer fails to deliver such written notice consistent with the provisions set forth herein, Buyer shall have waived any rights available pursuant to this paragraph.
Appears in 2 contracts
Sources: Real Property Purchase and Sale Agreement, Real Property Purchase and Sale Agreement
Inspections and Tests. Buyer Buyer, at Buyer's sole cost and expense, may enter on the Premises Property and make or cause to be made any inspection(s)inspections, measurement(s), test(s), and/or tests or other desired evaluation(s) evaluation of the Premises Property (the “Test(s)”"Tests"), subject to the following requirementsfollowing:
a) Buyer shall provide give Seller with at least two (2) 2 business days day’s written notice prior to initiating any such Test(s)Tests; and
b) No Tests shall be initiated or conducted without the Seller approving the type, method, date, date and time of any such Test(s)Tests; and
c) No subsurface Test(s) Tests shall be conducted without Seller’s prior written approval; and
d) Seller shall have the right, but not the obligation, to have its agent(s) and/or representative(s) representatives present at any such time(s) times as the Test(s) is/Tests are undertakentaking place; and
e) If the Premises are Property is improved by a one-to-one to four family dwelling, any all such Test(s) Tests shall be completed within ten (10) 10 calendar days of Seller’s acceptance of this AgreementContract by Seller. If the Premises are Property is not improved by a one-to-one to four family dwelling, any all such Test(s) Tests shall be completed within thirty (30) 30 calendar days of Seller’s acceptance of this AgreementContract by Seller. Buyer agrees that any damage caused by Buyer, its agents, and/or agents or employees in the course of such entry coincident with performance of any such Test(s) shall be promptly repaired promptly by Buyer at no cost whatever to Seller. Buyer shall indemnify, defend, indemnify and hold Seller harmless against any and all losses, expenses, claims, claims or damages (including reasonable legal costs and attorney's fees) related to Buyercaused by or resulting from ▇▇▇▇▇'s entry upon the PremisesProperty, including, without limitation, claims for personal injury and damage to persons and/or propertythe Property. If the Premises are Property is not improved by a one-to-one to four family dwelling, prior to entry and as a condition to undertake any Test(s)the Tests, Buyer ▇▇▇▇▇ agrees to provide a liability insurance certificate and policy endorsement naming Seller as an additional insured in such amounts as reasonably agreeable to Seller and with no endorsements limiting or restricting coverage with respect to New York Labor Law. If Buyer finds In the result event the results of any such Test(s) Tests are unsatisfactory to be unsatisfactoryBuyer, then Buyer may, at Buyer's sole option, deem this Agreement Contract null and void and the Deposit shall be returned to Buyer. Buyer shall have three (3) 3 calendar days from the date on which the Test(s) was/Tests were required to be completed to deliver written notice to Sellernotice, together with a copy of the result(s) each such Test, to Seller of any such Test(s), indicating Buyer's election to so deem this Agreement Contract null and void. In the event Buyer fails to shall not deliver such written notice consistent with the provisions set forth hereinnotice, then Buyer shall be deemed to have waived any and all rights available Buyer may have pursuant to this paragraph.
Appears in 2 contracts
Sources: Purchase Agreement, Contract to Purchase
Inspections and Tests. Buyer may enter the Premises and make third-party claims of infringement of patent, trademark, or cause to be made any inspection(s), measurement(s), test(s), and/or other desired evaluation(s) industrial design rights arising from use of the Premises (the “Test(s)”), subject to the following requirements:Goods or any part thereof.
a) Buyer shall provide Seller with at least two (2) business days written notice prior to initiating any such Test(s); and
b) No Tests shall be initiated or conducted without the Seller approving the type, method, date, and time of any such Test(s); and
c) No subsurface Test(s) shall be conducted without Seller’s prior written approval; and
d) Seller shall have the right, but not the obligation, to have its agent(s) and/or representative(s) present at any such time(s) as the Test(s) is/are undertaken; and
e) If the Premises are improved by a one-to-four family dwelling, any such Test(s) shall be completed within 7.1 Within ten (10) calendar days of Sellerreceipt of the notification of Contract award, the successful Bidder shall furnish to the Purchaser the performance guarantee in the amount specified in SCC.
7.2 The proceeds of the performance guarantee shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s acceptance failure to complete its obligations under the Contract.
7.3 The performance guarantee shall be denominated in the currency of this Agreement. If the Premises are not improved Contract acceptable to the Purchaser and shall be in one of the following forms:
(a) a bank guarantee or an irrevocable letter of credit issued by a one-to-four family dwellingreputable bank located in Pakistan, any such Test(sin the form provided in the bidding documents or another form acceptable to the Purchaser; or
(b) shall a cashier’s or certified check.
7.4 The performance guarantee will be completed within discharged by the Purchaser and returned to the Supplier not later than thirty (30) calendar days following the date of Sellercompletion of the Supplier’s acceptance performance obligations under the Contract, including any warranty obligations, unless specified otherwise in SCC.
8.1 The Purchaser or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Purchaser. SCC and the Technical Specifications shall specify what inspections and tests the Purchaser requires and where they are to be conducted. The Purchaser shall notify the Supplier in writing, in a timely manner, of this Agreement. Buyer agrees that the identity of any damage caused by Buyerrepresentatives retained for these purposes.
8.2 The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), its agentsat point of delivery, and/or employees in at the course Goods’ final destination. If conducted on the premises of such entry coincident with performance of any such Test(s) the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be repaired promptly by Buyer furnished to the inspectors at no cost whatever charge to Seller. Buyer shall indemnifythe Purchaser.
8.3 Should any inspected or tested Goods fail to conform to the Specifications, defendthe Purchaser may reject the Goods, and hold Seller harmless against any lossesthe Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the Purchaser.
8.4 The Purchaser’s right to inspect, expensestest and, claimswhere necessary, reject the Goods after the Goods’ arrival in Pakistan shall in no way be limited or damages (including reasonable legal costs waived by reason of the Goods having previously been inspected, tested, and fees) related to Buyer's entry upon passed by the Premises, including, without limitation, claims for injury to persons and/or property. If the Premises are not improved by a one-to-four family dwelling, Purchaser or its representative prior to entry and as a condition to undertake any Test(s), Buyer agrees to provide a liability insurance certificate and policy endorsement naming Seller as an additional insured in such amounts as reasonably agreeable to Seller and with no endorsements limiting or restricting coverage with respect to New York Labor Law. If Buyer finds the result of any such Test(s) to be unsatisfactory, Buyer may, at Buyer's sole option, deem this Agreement null and void and the Deposit shall be returned to Buyer. Buyer shall have three (3) calendar days Goods’ shipment from the date on which country of origin.
8.5 Nothing in GCC Clause 8 shall in any way release the Test(s) was/were required to be completed to deliver written notice to Seller, together with a copy of the result(s) of Supplier from any such Test(s), indicating Buyer's election to deem warranty or other obligations under this Agreement null and void. In the event Buyer fails to deliver such written notice consistent with the provisions set forth herein, Buyer shall have waived any rights available pursuant to this paragraphContract.
Appears in 1 contract
Sources: Framework Contract
Inspections and Tests. Buyer may enter 7.1 Within Seven (07) days from the Premises and make issuance of acceptance letter from the Purchaser, the successful Bidder shall furnish the performance security in shape of CDR or cause Bank guarantee at the discretion of the Purchaser in the amount specified in SCC. In case the amount of bid security is equal or greater than the value of the goods to be made any inspection(s)supplied then the bidder shall not require furnishing the performance security separately, measurement(s), test(s), and/or other desired evaluation(s) it will be retained or deducted from the bidder’s claim on bidder’s choice.
7.2 The proceeds of the Premises (the “Test(s)”), subject performance security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.
7.3 The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to the Purchaser and shall be in one of the following requirementsforms:
(a) Buyer shall provide Seller with at least two (2) business days written notice prior to initiating any such Test(s); and
b) No Tests shall be initiated bank guarantee or conducted without the Seller approving the type, method, date, and time of any such Test(s); and
c) No subsurface Test(s) shall be conducted without Seller’s prior written approval; and
d) Seller shall have the right, but not the obligation, to have its agent(s) and/or representative(s) present at any such time(s) as the Test(s) is/are undertaken; and
e) If the Premises are improved CDR issued by a one-to-four family dwellingreputable bank located in the Purchaser’s country or abroad, any such Test(s) shall acceptable to the Purchaser, in the form provided in the bidding documents or another form acceptable to the Purchaser.
7.4 The performance security will be completed within ten (10) calendar days of Seller’s acceptance of this Agreement. If discharged by the Premises are Purchaser and returned to the Supplier not improved by a one-to-four family dwelling, any such Test(s) shall be completed within later than thirty (30) calendar days following the date of Sellercompletion of the Supplier’s acceptance performance obligations under the Contract, including any warranty obligations, unless otherwise specified in SCC.
8.1 The Purchaser or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Purchaser. SCC and the Technical Specifications shall specify what inspections and tests the Purchaser requires and where they are to be conducted. The Purchaser shall notify the Supplier in writing, in a timely manner, of this Agreement. Buyer agrees that the identity of any damage caused by Buyerrepresentatives retained for these purposes.
8.2 The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), its agentsat point of delivery, and/or employees at the Goods’ final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Purchaser.
8.3 Should any inspected or tested Goods fail to conform to the Specifications, the Purchaser may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the Purchaser.
8.4 The Purchaser’s right to inspect, test and, where necessary, reject the Goods after the Goods’ arrival in the course Purchaser’s country shall in no way be limited or waived by reason of such entry coincident with performance of any such Test(s) shall be repaired promptly by Buyer at no cost whatever to Seller. Buyer shall indemnifythe Goods having previously been inspected, defendtested, and hold Seller harmless against any losses, expenses, claims, passed by the Purchaser or damages (including reasonable legal costs and fees) related to Buyer's entry upon the Premises, including, without limitation, claims for injury to persons and/or property. If the Premises are not improved by a one-to-four family dwelling, its representative prior to entry and as a condition to undertake any Test(s), Buyer agrees to provide a liability insurance certificate and policy endorsement naming Seller as an additional insured in such amounts as reasonably agreeable to Seller and with no endorsements limiting or restricting coverage with respect to New York Labor Law. If Buyer finds the result of any such Test(s) to be unsatisfactory, Buyer may, at Buyer's sole option, deem this Agreement null and void and the Deposit shall be returned to Buyer. Buyer shall have three (3) calendar days Goods’ shipment from the date on which country of origin.
8.5 Nothing in GCC Clause 8 shall in any way release the Test(s) was/were required to be completed to deliver written notice to Seller, together with a copy of the result(s) of Supplier from any such Test(s), indicating Buyer's election to deem warranty or other obligations under this Agreement null and void. In the event Buyer fails to deliver such written notice consistent with the provisions set forth herein, Buyer shall have waived any rights available pursuant to this paragraphContract.
Appears in 1 contract
Sources: Framework Contract
Inspections and Tests. Buyer Buyer, at Buyer's sole cost and expense, may enter on the Premises Property and make or cause to be made any inspection(s)inspections, measurement(s), test(s), and/or tests or other desired evaluation(s) evaluation of the Premises Property (the “Test(s)”"Tests"), subject to the following requirementsfollowing:
a) Buyer shall provide give Seller with at least two (2) 2 business days day’s written notice prior to initiating any such Test(s)Tests; and
b) No Tests shall be initiated or conducted without the Seller approving the type, method, date, date and time of any such Test(s)Tests; and
c) No subsurface Test(s) Tests shall be conducted without Seller’s prior written approval; and
d) Seller shall have the right, but not the obligation, to have its agent(s) and/or representative(s) representatives present at any such time(s) times as the Test(s) is/Tests are undertakentaking place; and
e) If the Premises are Property is improved by a one-to-one to four family dwelling, any all such Test(s) Tests shall be completed within ten (10) 10 calendar days of Seller’s acceptance of this AgreementContract by Seller. If the Premises are Property is not improved by a one-to-one to four family dwelling, any all such Test(s) Tests shall be completed within thirty (30) 30 calendar days of Seller’s acceptance of this AgreementContract by Seller. Buyer agrees that any damage caused by Buyer, its agents, and/or agents or employees in the course of such entry coincident with performance of any such Test(s) shall be promptly repaired promptly by Buyer at no cost whatever to Seller. Buyer shall indemnify, defend, indemnify and hold Seller harmless against any and all losses, expenses, claims, claims or damages (including reasonable legal costs and attorney's fees) related to caused by or resulting from Buyer's entry upon the PremisesProperty, including, without limitation, claims for personal injury and damage to persons and/or propertythe Property. If the Premises are Property is not improved by a one-to-one to four family dwelling, prior to entry and as a condition to undertake any Test(s)the Tests, Buyer agrees to provide a liability insurance certificate and policy endorsement naming Seller as an additional insured in such amounts as reasonably agreeable to Seller and with no endorsements limiting or restricting coverage with respect to New York Labor Law. If Buyer finds In the result event the results of any such Test(s) Tests are unsatisfactory to be unsatisfactoryBuyer, then Buyer may, at Buyer's sole option, deem this Agreement Contract null and void and the Deposit shall be returned to Buyer. Buyer shall have three (3) 3 calendar days from the date on which the Test(s) was/Tests were required to be completed to deliver written notice to Sellernotice, together with a copy of the result(s) each such Test, to Seller of any such Test(s), indicating Buyer's election to so deem this Agreement Contract null and void. In the event Buyer fails to shall not deliver such written notice consistent with the provisions set forth hereinnotice, then Buyer shall be deemed to have waived any and all rights available Buyer may have pursuant to this paragraph.
Appears in 1 contract
Sources: Contract to Purchase
Inspections and Tests. Buyer may enter the Premises and make or cause to be made any inspection(s), measurement(s), test(s), and/or other desired evaluation(s) of the Premises (the “Test(s)”), subject to the following requirements:
a) Buyer shall provide Seller with at least two (2) business days written notice prior to initiating any such Test(s); and
b) No Tests shall be initiated or conducted without the Seller approving the type, method, date, and time of any such Test(s); and
c) No subsurface Test(s) shall be conducted without Seller’s prior written approval; and
d) Seller shall have the right, but not the obligation, to have its agent(s) and/or representative(s) present at any such time(s) as the Test(s) is/are undertaken; and
e) If the Premises are improved by a one-to-four family dwelling, any such Test(s) shall be completed within ten (10) calendar days of Seller’s acceptance of this Agreement. If the Premises are not improved by a one-to-four family dwelling, any such Test(s) shall be completed within thirty (30) calendar days of Seller’s acceptance of this Agreement. Buyer agrees that any damage caused by Buyer, its agents, and/or employees in the course of such entry coincident with performance of any such Test(s) shall be repaired promptly by Buyer at no cost whatever to Seller. Buyer shall indemnify, defend, and hold Seller harmless against any losses, expenses, claims, or damages (including reasonable legal costs and fees) related to Buyer's entry upon the Premises, including, without limitation, claims for injury to persons and/or property. If the Premises are not improved by a one-to-four family dwelling, prior to entry and as a condition to undertake any Test(s), Buyer ▇▇▇▇▇ agrees to provide a liability insurance certificate and policy endorsement naming Seller as an additional insured in such amounts as reasonably agreeable to Seller and with no endorsements limiting or restricting coverage with respect to New York Labor Law. If Buyer ▇▇▇▇▇ finds the result of any such Test(s) to be unsatisfactory, Buyer may, at Buyer▇▇▇▇▇'s sole option, deem this Agreement null and void and the Deposit shall be returned to Buyer. Buyer shall have three (3) calendar days from the date on which the Test(s) was/were required to be completed to deliver written notice to Seller, together with a copy of the result(s) of any such Test(s), indicating Buyer▇▇▇▇▇'s election to deem this Agreement null and void. In the event Buyer fails to deliver such written notice consistent with the provisions set forth herein, Buyer shall have waived any rights available pursuant to this paragraph.
Appears in 1 contract
Inspections and Tests. In accordance with Section 7, this is an as-is purchase and the Seller makes no representation that Seller will make any repairs or improvements unless previously agreed to by the Seller to the Buyer in writing. Buyer, at Buyer's sole cost and expense, may enter on the Premises Property and make or cause to be made any inspection(s)inspections, measurement(s), test(s), and/or tests or other desired evaluation(s) evaluation of the Premises Property (the “Test(s)”"Tests"), subject to the following requirementsfollowing:
a) Buyer shall provide give Seller with at least two (2) 2 business days day’s written notice prior to initiating any such Test(s)Tests; and
b) No Tests shall be initiated or conducted without the Seller approving the type, method, date, date and time of any such Test(s)Tests; and
c) No subsurface Test(s) shall be conducted without Seller’s prior written approval; and
d) Seller shall have the right, but not the obligation, to have its agent(s) and/or representative(s) present at any All such time(s) as the Test(s) is/are undertaken; and
e) If the Premises are improved by a one-to-four family dwelling, any such Test(s) Tests shall be completed within ten (10) calendar 10 days of Seller’s the acceptance of this Agreement. If the Premises are not improved Contract by a one-to-four family dwelling, any such Test(s) shall be completed within thirty (30) calendar days of Seller’s acceptance of this Agreement. Buyer agrees that any damage caused by Buyer, its agents, and/or agents or employees in the course of such entry coincident with performance of any such Test(s) shall be promptly repaired promptly by Buyer at no cost whatever to Seller. Buyer shall indemnify, defend, indemnify and hold Seller harmless against any and all losses, expenses, claims, claims or damages (including reasonable legal costs and attorney's fees) related to Buyercaused by or resulting from ▇▇▇▇▇'s entry upon the PremisesProperty, including, without limitation, claims for personal injury and damage to persons and/or propertythe Property. If In the Premises event the results of such Tests are not improved by a one-to-four family dwellingunsatisfactory to Buyer, prior to entry and as a condition to undertake any Test(s), Buyer agrees to provide a liability insurance certificate and policy endorsement naming Seller as an additional insured in such amounts as reasonably agreeable to Seller and with no endorsements limiting or restricting coverage with respect to New York Labor Law. If Buyer finds the result of any such Test(s) to be unsatisfactory, then Buyer may, at Buyer's sole option, deem this Agreement Contract null and void and the Deposit shall be returned to Buyer. Buyer shall have three (3) calendar 15 days from the date on which the Test(s) was/were required to be completed of acceptance of this Contract by Seller to deliver written notice to Sellernotice, together with a copy of the result(s) each such Test, to Seller of any such Test(s), indicating Buyer's election to so deem this Agreement Contract null and void. In the event Buyer fails to shall not deliver such written notice consistent with the provisions set forth hereinnotice, then Buyer shall be deemed to have waived any and all rights available Buyer may have pursuant to this paragraph.
Appears in 1 contract
Sources: Purchase Agreement
Inspections and Tests. Buyer may enter 7.1 Within Seven (07) days from the Premises and make issuance of acceptance letter from the Purchaser, the successful Bidder shall furnish the performance security in shape of CDR at the discretion of the Purchaser in the amount specified in SCC. In case the amount of bid security is equal or cause greater than the value of the goods to be made any inspection(s)supplied then the bidder shall not require furnishing the performance security separately, measurement(s), test(s), and/or other desired evaluation(s) it will be retained or deducted from the bidder’s claim on bidder’s choice.
7.2 The proceeds of the Premises (the “Test(s)”), subject performance security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.
7.3 The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to the Purchaser and shall be in one of the following requirementsforms:
(a) Buyer shall provide Seller with at least two (2) business days written notice prior to initiating any such Test(s); and
b) No Tests shall be initiated or conducted without the Seller approving the type, method, date, and time of any such Test(s); and
c) No subsurface Test(s) shall be conducted without Seller’s prior written approval; and
d) Seller shall have the right, but not the obligation, to have its agent(s) and/or representative(s) present at any such time(s) as the Test(s) is/are undertaken; and
e) If the Premises are improved CDR issued by a one-to-four family dwellingreputable bank located in the Purchaser’s country or abroad, any such Test(s) shall acceptable to the Purchaser, in the form provided in the bidding documents or another form acceptable to the Purchaser.
7.4 The performance security will be completed within ten (10) calendar days of Seller’s acceptance of this Agreement. If discharged by the Premises are Purchaser and returned to the Supplier not improved by a one-to-four family dwelling, any such Test(s) shall be completed within later than thirty (30) calendar days following the date of Sellercompletion of the Supplier’s acceptance performance obligations under the Contract, including any warranty obligations, unless otherwise specified in SCC.
8.1 The Purchaser or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Purchaser. SCC and the Technical Specifications shall specify what inspections and tests the Purchaser requires and where they are to be conducted. The Purchaser shall notify the Supplier in writing, in a timely manner, of this Agreement. Buyer agrees that the identity of any damage caused by Buyerrepresentatives retained for these purposes.
8.2 The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), its agentsat point of delivery, and/or employees at the Goods’ final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Purchaser.
8.3 Should any inspected or tested Goods fail to conform to the Specifications, the Purchaser may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the Purchaser.
8.4 The Purchaser’s right to inspect, test and, where necessary, reject the Goods after the Goods’ arrival in the course Purchaser’s country shall in no way be limited or waived by reason of such entry coincident with performance of any such Test(s) shall be repaired promptly by Buyer at no cost whatever to Seller. Buyer shall indemnifythe Goods having previously been inspected, defendtested, and hold Seller harmless against any losses, expenses, claims, passed by the Purchaser or damages (including reasonable legal costs and fees) related to Buyer's entry upon the Premises, including, without limitation, claims for injury to persons and/or property. If the Premises are not improved by a one-to-four family dwelling, its representative prior to entry and as a condition to undertake any Test(s), Buyer agrees to provide a liability insurance certificate and policy endorsement naming Seller as an additional insured in such amounts as reasonably agreeable to Seller and with no endorsements limiting or restricting coverage with respect to New York Labor Law. If Buyer finds the result of any such Test(s) to be unsatisfactory, Buyer may, at Buyer's sole option, deem this Agreement null and void and the Deposit shall be returned to Buyer. Buyer shall have three (3) calendar days Goods’ shipment from the date on which country of origin.
8.5 Nothing in GCC Clause 8 shall in any way release the Test(s) was/were required to be completed to deliver written notice to Seller, together with a copy of the result(s) of Supplier from any such Test(s), indicating Buyer's election to deem warranty or other obligations under this Agreement null and void. In the event Buyer fails to deliver such written notice consistent with the provisions set forth herein, Buyer shall have waived any rights available pursuant to this paragraphContract.
Appears in 1 contract