SITE ANALYSIS PERIOD Sample Clauses

SITE ANALYSIS PERIOD. Purchaser shall have the Site Analysis Period in which to conduct the Tests and Studies and to ascertain whether the Project is acceptable to Purchaser. "Site Analysis Period" shall mean the period expiring on June 17, 1996. The Site Analysis Period shall also include that thirty (30) day period on and after the Phase II Notice Date (as hereinafter defined) for those Tests and Studies on Phase II Purchaser chooses to conduct in respect to those Improvements completed on Phase II after June 17, 1996. If the Project is determined to be unacceptable to Purchaser, for any reason whatsoever, in Purchaser's sole discretion, Purchaser shall have the right to terminate this Agreement (in respect to all Phases, but not in respect to one Phase and not the other) by giving written notice of termination on or prior to June 17, 1996, in which event the Deposit shall be returned to Purchaser. In accordance with the provisions of 11.02(b) hereof, Seller and Purchaser shall each pay 50% of the Shared Closing Costs incurred as of the termination date, and neither Party shall have any further rights or obligations hereunder, except those specifically provided herein that survive the termination of this Agreement. A failure to so notify Seller of Purchaser's election to terminate or proceed with this Agreement as aforesaid prior to June 17, 1996, shall be deemed as notice to Seller that Purchaser has elected to terminate this Agreement as aforesaid. In addition, not less than forty-five (45) days (nor more than sixty (60) days) prior to the Phase II Closing Date ("Phase II Notice Date"), Seller shall advise Purchaser, in writing, of the date on which Seller anticipates the Phase II Closing to occur as provided in Paragraph 15.01 hereof. For the period of thirty (30) days on and subsequent to the Phase II Notice Date, Purchaser may conduct those additional
Sample 1
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SITE ANALYSIS PERIOD. Purchaser shall have the Site Analysis Period in which to conduct the Tests and Studies and to ascertain whether the Project is acceptable to Purchaser. "Site Analysis Period" shall mean the period expiring on June 17, 1996. If the Project is determined to be unacceptable to Purchaser, for any reason whatsoever, in Purchaser's sole discretion, Purchaser shall have the right to terminate this Agreement by giving written notice of termination on or prior to the date of expiration of the Site Analysis Period, in which event the Deposit shall be returned to Purchaser. In accordance with the provisions of 11.02(b) hereof, Seller and Purchaser shall each pay 50% of the Shared Closing Costs incurred as of the termination date, and neither Party shall have any further rights or obligations hereunder, except those specifically provided herein that survive the termination of this Agreement. A failure to so notify Seller of Purchaser's election to terminate or proceed with this Agreement as aforesaid prior to the expiration of the Site Analysis Period shall be deemed as notice to Seller that Purchaser has elected to terminate this Agreement as aforesaid.
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SITE ANALYSIS PERIOD. Except in the instance of a Restoration Forgiveness, Purchaser shall keep the Project free of all liens in connection with the Tests and Studies and shall cause all such liens to be removed immediately upon its being notified of same. Except in the instance of a Restoration Forgiveness, Purchaser agrees to indemnify, defend and hold Seller harmless against any liabilities, claims and damages, including, without limitation, any property damage, personal injury or claim of lien against the Project resulting from the activities permitted by this Paragraph 5.02 (including, without limitation, reasonable attorneys' fees and expenses paid or incurred by Seller during litigation, if any), which indemnity shall survive the Closing Date or the expiration, cancellation or termination of this Agreement.
Sample 1
SITE ANALYSIS PERIOD. Purchaser shall have the Site Analysis Period in which to conduct the Tests and Studies and to ascertain whether the Project is acceptable to Purchaser. "Site Analysis Period" shall mean the period expiring on June 17, 1996. If the Project is determined to be unacceptable to Purchaser, for any reason whatsoever, in Purchaser's sole discretion, Purchaser shall have the right to terminate this Agreement by giving written notice of termination on or prior to the date of expiration of the Site Analysis Period, in which event the Deposit shall be returned to Purchaser and the Lump Sum Payment shall be retained and deemed earned by Seller. In accordance with the provisions of 11.02(b) hereof, Seller and Purchaser shall each pay 50% of the Shared Closing Costs incurred as of the termination date, and neither
Sample 1

Related to SITE ANALYSIS PERIOD

  • Feasibility Study Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hours. Buyer will not alter the physical condition of the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes.

  • Quantitative Analysis Quantitative analysts develop and apply financial models designed to enable equity portfolio managers and fundamental analysts to screen potential and current investments, assess relative risk and enhance performance relative to benchmarks and peers. To the extent that such services are to be provided with respect to any Account which is a registered investment company, Categories 3, 4 and 5 above shall be treated as “investment advisory services” for purposes of Section 5(b) of the Agreement.”

  • Sampling and Analysis The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004

  • Investment Analysis and Implementation In carrying out its obligations under Section 1 hereof, the Advisor shall:

  • Research Analyst Independence The Company acknowledges that the Underwriters’ research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such Underwriters’ research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company and/or the offering that differ from the views of their respective investment banking divisions. The Company hereby waives and releases, to the fullest extent permitted by law, any claims that the Company may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company by such Underwriters’ investment banking divisions. The Company acknowledges that each of the Underwriters is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies that may be the subject of the transactions contemplated by this Agreement.

  • Reverse Engineering The Licensee shall not reverse engineer, decompile or disassemble the object code version of the Computer Program without the prior written approval of the Licensor.

  • Risk Analysis The Custodian will provide the Fund with a Risk Analysis with respect to Securities Depositories operating in the countries listed in Appendix B. If the Custodian is unable to provide a Risk Analysis with respect to a particular Securities Depository, it will notify the Fund. If a new Securities Depository commences operation in one of the Appendix B countries, the Custodian will provide the Fund with a Risk Analysis in a reasonably practicable time after such Securities Depository becomes operational. If a new country is added to Appendix B, the Custodian will provide the Fund with a Risk Analysis with respect to each Securities Depository in that country within a reasonably practicable time after the addition of the country to Appendix B.

  • Financial testing The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).

  • Independent Analysis Each Party hereby confirms that its decision to execute this Agreement has been based upon its independent assessment of documents and information available to it, as it has deemed appropriate.

  • Commercialization Reports After the First Commercial Sale of a Licensed Product anywhere in the Territory, LICENSEE shall submit to Cornell semi-annual reports on or before each February 28 and August 31 of each year. Each report shall cover LICENSEE’s (and each Affiliate’s and Sublicensee’s) most recently completed calendar half-year and shall show:

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