Acceptance of Site Condition Sample Clauses

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2, 16.3, 16.4 and 38, Project Co acknowledges and agrees that it has investigated the Lands and the Other Existing Infrastructure and Additional Resources, including the Background Information, prior to executing this Project Agreement and agrees to accept the Lands, the Other Existing Infrastructure, the Additional Resources and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2, 16.3 16.4 and 38, Project Co shall not be entitled to make any claim of any nature whatsoever against the Ministry or any Province Person on any grounds relating to the Lands, the Other Existing Infrastructure, the Additional Resources or the Site Conditions, including the fact that incorrect or insufficient information on any matter relating to the Lands, the Other Existing Infrastructure, the Additional Resources or the Site Conditions was given to it by any person, whether or not a Province Person, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Lands, the Other Existing Infrastructure, the Additional Resources or the Site Conditions provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2, 16.3, 16.4 and 38, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary due diligence and investigation on the Lands and examined the Lands and their surroundings and any Other Existing Infrastructure and Additional Resources; (ii) performed all necessary due diligence and investigation on the Other Existing Infrastructure and satisfied itself prior to executing this Project Agreement as to the structural, environmental and general condition of such Other Existing Infrastructure; (iii) performed all necessary due diligence and investigation on the Additional Resources and satisfied itself prior to executing this Project Agreement as to the environmental and general condition, quantity and quality of such Additional Resources; (iv) satisfied itself as to the presence of any Contamination on, in or under the Lands or migrating to or from the Lands; (v) satisfied itself as to the adequacy of the rights of access to, from and through the Lands and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (vi) satisfied itself as to the possibility of interference by persons of any description wh...
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Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.2 and 18.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.2 and 18.3, Project Co shall not be entitled to make any claim of any nature whatsoever against the College or any College Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not the College or a College Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co.
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Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co acknowledges and agrees that it has inspected or investigated the Lands, the Existing Infrastructure (including the surroundings thereof) and the Site Conditions in accordance with Good Industry Practice taking into account all matters relating to the Lands (including the buildings, structures and works, on, over and under the Lands existing on the date hereof and the Background Information), the Existing Infrastructure and the Site Conditions prior to executing this Project Agreement and agrees to accept the Lands, the Existing Infrastructure and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the Lands, the Existing Infrastructure or the Site Conditions, including the fact that incorrect or insufficient information on any matter relating to the Lands, the Existing Infrastructure or the Site Conditions was given to it by any person, whether or not Contracting Authority or a Province Person. (b) Section 18.1(a) is not intended to prohibit Project Co from relying upon information that has been provided by a person who has given Project Co an express written entitlement to rely on that information, provided however, subject to Sections 7.4, 18.2, 18.3 and 18.4, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the information provided by that person. For clarity, subject to Sections 7.4, 18.2, 18.3 and 18.4, Project Co’s legal recourse shall be against the person who provided the express written entitlement to rely on the information and not Contracting Authority or any Province Person. (c) Subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary due diligence and investigations or inspections on the Lands, and examined the Lands and their surroundings and any existing works on, over or under the Lands in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing Infrastructure, and any other buildings, structures and works, on, over and under the Lands existing on...
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Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.2 and 18.3, Project Co acknowledges and agrees that it has investigated the Sites and its surroundings in accordance with Good Industry Practice taking into account all matters relating to the Sites (including the buildings, structures and works, on, over and under the Sites existing on the date hereof and the Background Information) prior to executing this Project Agreement and agrees to accept the Sites and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.2 and 18.3, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Contracting Authority Party on any grounds relating to the Sites, including the fact that incorrect or insufficient information on any matter relating to the Sites was given to it by any person, whether or not Contracting Authority or a Contracting Authority Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Sites provided by such person to Project Co.
Sample 1
Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.2 and 18.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.2 and 18.3, Project Co shall not be entitled to make any claim of any nature whatsoever against HMQ, any HMQ Party, City, UofT or TO2015 on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not HMQ, a HMQ Party, City, UofT or TO2015, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co.
Sample 1
Acceptance of Site Condition. 65 16.1A Highway Site Investigation - Concealed or Unknown Conditions ............................... 67 16.1B Acceptance of Stage 2 Site Condition .......................................................................... 67 16.2 Contamination ............................................................................................................... 68 16.3 Items of Geological, Historical or Archaeological Interest or Value ........................... 68 16.4 Species-at-Risk ............................................................................................................. 73 16.5 Latent Defects ............................................................................................................... 74 17. GOVERNMENTAL AND THIRD PARTY FINANCIAL OBLIGATIONS .................. 75 17.1 Governmental, Railway and Utility Company Fees ..................................................... 75
Sample 1
Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.2 and 18.3, Project Co acknowledges and agrees that it has investigated the Site and its surroundings in accordance with Good Industry Practice taking into account all matters relating to the Site (including the buildings, structures and works, on, over and under the Site existing on the date hereof and the Background Information) prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.2 and 18.3, Project Co shall not be entitled to make any claim of any nature whatsoever against SMH or any SMH Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not SMH or a SMH Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co.
Sample 1
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Related to Acceptance of Site Condition

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • Acceptance of Services Services furnished under this Contract are subject to acceptance by OSU. If OSU finds services furnished to be incomplete or not in compliance with the Contract, OSU, at its sole discretion, may either reject the services, require Contractor to correct any defects without charge, or negotiate with Contractor to reduce the price, whichever OSU deems appropriate under the circumstances. If Contractor is unable or refuses to cure any defects within a time deemed reasonable by OSU, OSU may reject the services and cancel the Contract in whole or in part.

  • Acceptance of Services Not a Waiver The City’s acceptance of any service or deliverable is not a waiver or release of any professional duty of care applicable to such service or deliverable, or of any right of indemnification, any insurance requirements, or any other term or condition of this Master Agreement.

  • Acceptance; Rejection A holder of Notes may accept the offer to prepay made pursuant to this Section 8.3 by causing a notice of such acceptance to be delivered to the Company not later than 15 days after receipt by such holder of the most recent offer of prepayment. A failure by a holder of Notes to respond to an offer to prepay made pursuant to this Section 8.3 shall be deemed to constitute a rejection of such offer by such holder.

  • Acceptance of AAU You will have accepted an AAU for an Offering if: (a) we receive your acceptance, prior to the time specified in the Invitation Wire for such Offering, by wire, telex, telecopy or electronic data transmission, or other written communication (any such communication being deemed “In Writing”) or orally (if promptly confirmed In Writing), in the manner specified in the Invitation Wire, of our invitation to participate in the Offering, or (b) notwithstanding that we did not send you an Invitation Wire or you have not otherwise responded In Writing to any such Wire, you: (i) agree (orally or by a Wire) to be named as an Underwriter in the relevant Underwriting Agreement executed by us as Manager, or (ii) receive and retain an economic benefit for participating in the Offering as an Underwriter. Your acceptance of the invitation to participate will cause such AAU to constitute a valid and binding contract between us. Your acceptance of the AAU as provided above or an Invitation Wire will also constitute acceptance by you of the terms of subsequent Wires to you relating to the Offering unless we receive In Writing, within the time and in the manner specified in such subsequent Wire, a notice from you to the effect that you do not accept the terms of such subsequent Wire, in which case you will be deemed to have elected not to participate in the Offering.

  • Completion of Requests (a) A Request for a Loan will not be regarded as having been duly completed unless: (i) it identifies the Facility under which the Loan is to be made; (ii) it identifies the Borrower; (iii) the Utilisation Date is a Business Day falling within the Availability Period applicable to the relevant Facility; (iv) the amount of the Loan requested is: (A) a minimum of US$10,000,000 and an integral multiple of US$1,000,000; (B) the maximum undrawn amount available under the relevant Facility on the proposed Utilisation Date; or (C) such other amount as the Facility Agent may agree; (v) the proposed Term complies with this Agreement; and (vi) the proposed currency complies with this Agreement. (b) Only one Loan may be requested in a Request.

  • Acceptance of Contract This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • Acceptance of the Terms of Use These terms of use are entered into by and between You and InterPayments Inc ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of xxx.xxxxxxxxxxxxx.xxx, including any content, functionality, and services offered on or through xxx.xxxxxxxxxxxxx.xxx (the "Website"), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

  • Acceptance of Agreement This Agreement shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • COMPLETION OF AGREEMENT This document comprises the entire agreement between the District and the Association in the matters lawfully within the scope of negotiation. Neither party shall have any obligation to meet and negotiate during the term of this agreement.

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