Conduct of Inspections. 1. Each Party shall ensure that its inspectors carry out the functions set forth in Annex B as a minimum standard.
2. Each Party shall, in carrying out inspections in its ports:
(a) ensure that inspections are carried out by properly qualified inspectors authorized for that purpose, having regard in particular to Article 17;
(b) ensure that, prior to an inspection, inspectors are required to present to the master of the vessel an appropriate document identifying the inspectors as such;
(c) ensure that inspectors examine all relevant areas of the vessel, the fish on board, the nets and any other gear, equipment, and any document or record on board that is relevant to verifying compliance with relevant conservation and management measures;
(d) require the master of the vessel to give inspectors all necessary assistance and information, and to present relevant material and documents as may be required, or certified copies thereof;
(e) in case of appropriate arrangements with the flag State of the vessel, invite that State to participate in the inspection;
(f) make all possible efforts to avoid unduly delaying the vessel to minimize interference and inconvenience, including any unnecessary presence of inspectors on board, and to avoid action that would adversely affect the quality of the fish on board;
(g) make all possible efforts to facilitate communication with the master or senior crew members of the vessel, including where possible and where needed that the inspector is accompanied by an interpreter;
(h) ensure that inspections are conducted in a fair, transparent and non- discriminatory manner and would not constitute harassment of any vessel; and
(i) not interfere with the master’s ability, in conformity with international law, to communicate with the authorities of the flag State.
Conduct of Inspections. Buyer, in the conduct of its due diligence investigation of the Real Property or otherwise, will not interfere with or hinder the operation of the Real Property or the tenants or occupants thereof. Seller will provide Buyer and Buyer’s representatives, agents and consultants with reasonable access to the Real Property between 9:00 a.m. and 5:00 p.m. on weekdays, subject to the rights of the Real Property tenants or occupants and provided that: (A) Buyer will notify Seller or one of Seller’s agents not less than one (1) business day in advance of entering the Real Property; (B) neither Buyer nor its representatives, agents or consultants will communicate directly with any tenant of the Real Property without the accompaniment by Seller, Seller’s manager or Seller’s agents for the Real Property if requested by Seller; (C) Buyer and its representatives, agents and consultants will keep the Real Property free and clear of any mechanic’s or materialmen’s liens arising out of any such entry, will promptly restore any damage caused by them, will perform all investigations in a safe and professional manner, will not allow any dangerous or hazardous conditions, and will comply with all applicable laws and governmental regulations; (D) Seller or any of its representatives or agents may accompany Buyer and any of its representatives and agents during their visit to the Real Property; (E) Buyer will not perform or authorize any invasive testing of the Real Property without Seller’s prior written consent, which shall not be unreasonably withheld or delayed; and (F) prior to entry upon the Real Property, Buyer will deliver to Seller evidence of such party’s liability insurance coverage by an insurer reasonably acceptable to Seller and with combined single limits of not less than One Million Dollars ($1,000,000) per occurrence. All such tests, investigations, and studies will be at Buyer’s sole cost and expense.
Conduct of Inspections. (a) EASA shall provide the EASA Standardization Inspection (SI) annual program including amendments to the FAA focal point. The EASA Approval and Standardization Directorate shall provide guidance for the inspection procedures applicable to a team carrying out a standardization inspection of an AA.
(b) The FAA shall notify the EASA focal point in writing (email acceptable) at least two months in advance indicating which visits FAA representatives wish to attend as observers. If mutually agreeable dates/locations cannot be reached, FAA attendance may be postponed until agreement can be reached. Once dates are agreed upon, the EASA focal point shall provide the FAA focal point with the proposed itinerary and pertinent location information.
(c) FAA observer representatives will be allowed to attend the initial and closing sessions of the respective visits, related to the scope of the Agreement.
Conduct of Inspections. (a) Any entry by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. Buyer shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed.
(b) Buyer or its agents may undertake borings or other disturbances of the soil with Seller's prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken.
(c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or in connection with the due diligence and inspection activities conducted on the Property by Buyer and or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer or its agents. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminated, Buyer shall deliver to Seller, upon Seller's payment of Buyer's costs therefor, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the Property.
Conduct of Inspections. Inspection activities under the Agreement shall not be conducted on disposition plutonium or conversion product before it has been received as conversion product at a fuel fabrication facility.
Conduct of Inspections. (a) Any entry by the Company onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. The Company shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed.
(b) The Company or its agents may undertake borings or other disturbances of the soil with Contributors' prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken.
Conduct of Inspections. 1.3.1 The FAA contact point will be provided with the EASA Sampling Inspection System (SIS) schedule of visits raised annually and as amended. This should include an invitation to the FAA to attend the SIS preliminary and wrap-up meetings, usually held at EASA HQ in Cologne. EASA Approval and Standardisation Directorate publishes the guidance for team member qualification and the inspection procedures applicable to a team carrying out a standardisation inspection of an AA.
1.3.2 In order to assist EASA in planning and managing the standardisation inspection visit schedule and teams, the FAA shall notify the EASA contact in writing one month in advance indicating which visits FAA representatives wish to attend as observers.
Conduct of Inspections. Buyer, in the conduct of its due diligence investigation of the Real Property or otherwise, will not interfere with or hinder the operation of the Real Property or the tenants or occupants thereof. Seller will upon reasonable notice use reasonable commercial efforts to provide Buyer and Buyer’s representatives, agents and consultants with reasonable access to the Real Property between 9:00 a.m. and 5:00 p.m. on weekdays, subject to the rights of the Real Property tenants or occupants and provided that: (A) Buyer will notify Seller or one of Seller’s agents not less than two (2) business days in advance of entering the Real Property;
Conduct of Inspections. Pursuant to its investigations of the property and assets of Seller according to Article IV – Due Diligence, Buyer and its representatives agree not to reveal any such documents, information and results of such testing and inspections to any third party other than counsel, accountants or experts retained by Buyer who shall be bound by the same restrictions, except to the extent that disclosure is required by law (in which case, Buyer will notify Seller prior to making any such disclosure). The obligations of Buyer under this Section shall survive the Closing.
Conduct of Inspections. Purchaser shall not permit any mechanics’ or materialmen’s liens or any other liens to attach to the Property by reason of the performance of any work or the purchase of any materials by Purchaser or any other party in connection with any Inspections conducted by or for Purchaser. Purchaser shall give reasonable advance notice to Seller prior to any entry onto the Property and shall permit Seller to have a representative present during all Inspections conducted at the Property. Purchaser shall take all reasonable actions and implement all protections necessary to ensure that all actions taken in connection with the Inspections, and all equipment, materials and substances generated, used or brought onto the Property pose no material threat to the safety of persons, property or the environment.
