Buyer’s right to inspect Sample Clauses

Buyer’s right to inspect. [A] Buyer need not buy the Computer [B] if Seller does not allow Buyer to perform commercially-reasonable [C] testing for malware on the Computer before the Closing. 225 226 227 228 [A] This is a “due diligence” clause allowing Xxxxx to get at least some assurance that the 229 Computer is as Seller says it is. ¶ In this course you will hear me use a saying from the U.S. 230 Navy’s nuclear-propulsion program, in which I served: “You get what you inspect, not what you 231 expect.” 232 [B] As with section 5, this is a condition, not a covenant (that is, it’s a prerequisite, 233 not a promise). Thus, if Seller were to fail to allow Buyer to perform malware testing, then 234 Xxxxx’s only remedy would be to walk away, because Xxxxxx does not commit here to allow 235 Buyer to do such testing. 236 [C] The termcommercially reasonable” is often used as an alternative to defining specific 237 standards. Some purists might say it’s a cop-out, because it’s vague and thus likely would re- 238 quire a trial to determine the facts. In proper circumstances, though, the business risk of using 239 the term might well be worth taking — and ultimately a contract is not about doctrinal purity, 240 but about getting business done in a manner that the client judges to involve acceptable risk.
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Buyer’s right to inspect. BUYER acknowledges and agrees it is BUYER’S sole responsibility to obtain inspection reports from qualified professionals on the Property including, but not limited to, the existence or extent of any Defects or any other factors regarding the Property or its condition that BUYER deems material or may have questions about. BUYER (does / ) (does not / ) elect to obtain inspections If BUYER elects to obtain inspections, the sale of the Property may be contingent upon BUYER’S acceptance of the Property, following the inspection(s). However, BUYER’S acceptance will not be unreasonably withheld. If the Closing Agent is not notified by BUYER, in writing, to the contrary on or before 10 calendar days from the effective date in the contract of sale, then this contingency will be deemed removed automatically. If BUYER does not elect to obtain any additional inspections, BUYER understands and acknowledges that BUYER thereby waives the right to obtain additional inspections at BUYER's expense and agrees to hold SELLER, its employees and agents harmless from any consequences that may result from BUYER's election not to secure such additional inspections. BUYER acknowledges that the BUYER's decision to purchase is based solely upon the BUYER's own inspections, if any, and analysis of the Property.
Buyer’s right to inspect. Prior to the Closing, Buyer, and its attorneys, accountants and agents, may, at Buyer's expense and upon reasonable notice to Seller, inspect the Assets, provided that Buyer and its agents, accountants and attorneys shall use reasonable efforts not to interfere with or disrupt the Seller's operations or employees. It is understood that Buyer's access to the Seller's facilities, records and personnel shall be subject to such restrictions and limitations as Seller believes to be necessary and appropriate. Buyer agrees that any visits to the facilities in question or direct discussion with Seller’s personnel must be prearranged directly through the President of Guarantor.
Buyer’s right to inspect. Buyer and any of its authorized representatives shall have the right to inspect the Supply Items concurrent with their Delivery and, upon at least one (1) Business Day’s Notice, may visit Turbine Supplier’s manufacturing facilities and/or assembly facilities for such purpose and may inspect the results of all quality control tests and inspections performed by Turbine Supplier, subject in all cases to Turbine Supplier’s confidentiality requirements and reasonable safety precautions, and so long as such inspection and presence does not unreasonably interfere with or delay the completion or delivery of the Supply Items or Turbine Supplier’s performance of its obligations hereunder.
Buyer’s right to inspect. (a) Any time prior to Closing, Buyer has the right to inspect any and all of Corporation's books, records, accounts, financial information, ledgers, and the like. Sellers shall cause Corporation to allow Buyer access to said information during reasonable business hours.
Buyer’s right to inspect. Buyer may inspect the Premises and the personal property to verify their condition; inspect the blueprints, construction documents, records, and other relevant documents of Seller, if any and as appropriate; and arrange for any inspections, audits, and appraisals that Buyer deems necessary for a period of ___ days from the effective date of this Agreement. All inspections, audits, and appraisals that Buyer requests shall be at Buyer’s expense, but Seller shall give reasonable assistance to Buyer or Buyer’s agents in completing the inspections, audits, and appraisals. Buyer shall not unreasonably disturb the tenants or employees of the apartments in undertaking any inspections, audits, or appraisals.

Related to Buyer’s right to inspect

  • Right to Inspect Bank (through any of its officers, employees, or agents) shall have the right, upon reasonable prior notice, from time to time during Borrower’s usual business hours but no more than twice a year (unless an Event of Default has occurred and is continuing), to inspect Borrower’s Books and to make copies thereof and to check, test, and appraise the Collateral in order to verify Borrower’s financial condition or the amount, condition of, or any other matter relating to, the Collateral.

  • Lessor’s Right to Inspect Lessee shall permit Lessor and its authorized representatives as frequently as reasonably requested by Lessor to inspect the Leased Property and Lessee’s accounts and records pertaining thereto and make copies thereof, during usual business hours upon reasonable advance Notice, subject only to any business confidentiality requirements reasonably requested by Lessee.

  • LANDLORD'S RIGHT TO INSPECT Tenant shall permit Landlord and its authorized representatives to inspect the Leased Property, or any portion thereof, during usual business hours upon not less than forty-eight (48) hours’ notice and to make such repairs as Landlord is permitted or required to make pursuant to the terms of this Agreement, provided that any inspection or repair by Landlord or its representatives will not unreasonably interfere with Tenant’s use and operation of the Leased Property and further provided that in the event of an emergency, as determined by Landlord in its reasonable discretion, prior Notice shall not be necessary.

  • Access; Right of Inspection The Collateral Agent shall at all times have full and free access during normal business hours and upon reasonable prior notice to all the books, correspondence and records of each Grantor, and the Collateral Agent and its representatives may examine the same, take extracts therefrom and make photocopies thereof, and each Grantor agrees to render to the Collateral Agent, at such Grantor’s cost and expense, such clerical and other assistance as may be reasonably requested with regard thereto. The Collateral Agent and its representatives shall at all times also have the right to enter any premises of each Grantor during normal business hours and upon reasonable prior notice and inspect any property of each Grantor where any of the Collateral of such Grantor granted pursuant to this Agreement is located for the purpose of inspecting the same, observing its use or otherwise protecting its interests therein.

  • Right to Insure The Company shall have the right to secure, in its own name or otherwise, and at its own expense, life, health, accident or other insurance covering Executive, and Executive shall have no right, title or interest in and to such insurance. Executive shall assist the Company in procuring such insurance by submitting to examinations and by signing such applications and other instruments as may be required by the insurance carriers to which application is made for any such insurance.

  • Right of Inspection Buyer shall have the right to inspect the goods at the time and place of delivery, and within 5 business days after delivery, Buyer must give notice to Seller of any claim for damages on account of the condition, quality, or grade of the goods, and Buyer must specify in detail the basis of such claim. The failure of Buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by Buyer.

  • Buyer’s Remedies If the Closing has not occurred due to a breach by Seller in any material respect any of its obligations or representations or warranties contained in this Agreement, or if Seller fails to consummate this Agreement for any reason other than Buyer's default or the permitted termination of this Agreement by Seller or Buyer as herein expressly provided, Buyer shall be entitled, as its sole remedy, either (a) to terminate this Agreement and receive the return of the entire Deposit (including both the First Deposit and Second Deposit, and whether or not the Inspection Period was extended), which return shall operate to terminate this Agreement and release Seller from any and all liability hereunder, or (b) to enforce specific performance of Seller's obligation to execute the documents required to convey the Property to Buyer, it being understood and agreed that the remedy of specific performance shall not be available to enforce any other obligation of Seller hereunder. Buyer shall be deemed to have elected to terminate this Agreement (as provided in subsection (a) above) if Buyer fails to file a cause of action for specific performance against Seller on or before ninety (90) days after written notice of termination from Seller or ninety (90) days after the originally scheduled Closing Date, whichever shall occur first. If specific performance is not available due to the fact that Seller has conveyed the Property to a third party, then upon termination of this Agreement by Buyer, in addition to receiving the immediate return of the Deposit, anything in the Agreement contained to the contrary notwithstanding, Buyer shall also receive from Seller, upon demand, Buyer’s actual, documented out-of-pocket costs and expenses associated with conducting its due diligence related to the Property; provided, however, Seller’s maximum reimbursement liability with respect to the foregoing shall not exceed $300,000.00. The rights and remedies of this Article VI shall survive Closing or any termination of this Agreement. THE FOREGOING REMEDIES ARE IN ADDITION TO AND ARE NOT INTENDED TO LIMIT SELLER'S OR BUYER’S INDEMNITY OBLIGATIONS UNDER OTHER SECTIONS HEREOF.

  • RECORDS; RIGHT TO AUDIT (a) The Sub-Adviser agrees to maintain in the form and for the period required by Rule 31a-2 under the 1940 Act, all records relating to the Fund's investments made by the Sub-Adviser that are required to be maintained by the Fund pursuant to the requirements of Rule 31a-1 under the 1940 Act. The Sub-Adviser agrees that all records that it maintains on behalf of the Fund are the property of the Fund, and the Sub-Adviser will surrender promptly to the Fund any such records upon the Fund's request; provided, however, that the Sub-Adviser may retain a copy of such records. In addition, for the duration of this Agreement, the Sub-Adviser shall preserve for the periods prescribed by Rule 31a-2 under the 1940 Act any such records as are required to be maintained by it pursuant to this Agreement and shall transfer all such records to any entity designated by the Adviser upon the termination of this Agreement.

  • Right to Injunction The parties hereto acknowledge that the services to be rendered by the Contractor under this Agreement and the rights and privileges granted to the Company under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Contractor of any of the provisions of this Agreement will cause the Company irreparable injury and damage. The Contractor expressly agrees that the Company shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Contractor. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.

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