Due Diligence Measures Sample Clauses

Due Diligence Measures. The Discharger has initiated measures to minimize the risk of similar violations occurring along the Tecolote sewer pipeline. The Discharger is planning to implement a capital improvement project (CIP). The CIP will rehabilitate 1.2 miles of trunk sewer and replace and upsize 5 miles of trunk sewer. The project includes all manholes and appurtenances in addition to access improvements and mitigation for impacts. The total cost of the CIP is approximately $35,000,000, and construction completion is anticipated to occur in 2024.
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Due Diligence Measures. The Company has the obligation to exercise all due skill, care and diligence in selection, appointment and periodic review of the credit institution, bank where Clients’ funds are placed. The Company’s due diligence measures have been designed in such a manner so as to ensure that expertise and market reputation of such institutions are taken into consideration.
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Due Diligence Measures. As a result of this SSO, the Discharger has initiated measures to minimize the risk of similar violations occurring along the NCI. The Discharger has contracted for an updated assessment of the NCI, has developed a plan to generate sufficient funding for implementation of capital improvements along the NCI, and has revised its Sanitary Sewer Overflow Response Plan to adequately address the access and communication challenges with responding to SSOs along the NCI. Additionally, the ECA proposed herein is also intended to minimize the risk of similar violations occurring in the future. None of these measures are required as a condition of compliance.
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Due Diligence Measures. The Discharger has reassessed its due diligence processes to ensure that violations of a similar nature do not occur again. As a material condition to this Order, the Discharger has agreed to implement the following measures at its projects for a minimum of 5 years after this Order’s effective date: (1) employ a qualified, experienced SWPPP Coordinator to oversee SWPPP implementation throughout the corporation; (2) in cases where the owner is not the LRP, the senior managers or the Executive Vice President for the Western Region shall be assigned as the LRP to ensure that non-compliance is brought to the attention of a higher authority; and (3) the QSP used at the Site when the alleged violations occurred will no longer serve as QSP or QSD on any Discharger projects in California. For the purposes of this Order, a QSP and QSD are “Qualified” if they meet the applicable requirements set forth in General Permit section VII.B, General Permit Fact Sheet section M, and they were not a QSP or QSD for the Project when the alleged violations occurred.
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Due Diligence Measures. As a result of the April 2020 SSOs, the City will be undertaking a feasibility study to evaluate long-term improvement alternatives to eliminate or minimize the risk of future flooding from Buena Vista Creek to the BVLS. Potential alternatives include: relocating the new station onto the Carlsbad Shopping Center parking lot that is higher in elevation and further from creek, rehabilitating the existing lift station such that it is operable in the event of a flood, or partnering with the neighboring agency that also has a sewer lift station next to the same creek downstream to combine lift stations or share the site within the City of Oceanside or the City of Carlsbad. The City will report the findings and recommendations of the study to the Board by January 2027 along with its plans to implement the recommendations resulting from this study in order to properly manage, operate, and maintain the BVLS in compliance with Section D.8 of the Statewide General Order.
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Related to Due Diligence Measures

  • Due Diligence Period (a) During the period (the “Due Diligence Period”) beginning on the Effective Date and ending at 5:00 p.m. Eastern time on November 19, 2014 (the “Expiration of the Due Diligence Period”), Purchaser shall have the right, upon a minimum of one Business Day’s prior telephonic or written notice to Seller, to make a physical inspection of the Property, including (i) a non-invasive inspection of the environmental condition thereof and such non-invasive physical engineering and other studies and tests on the Property as Purchaser deems appropriate in its sole discretion and (ii) with Seller’s consent, which Seller may withhold in its sole discretion, further inspections of the environmental condition of the Property and further physical engineering and other studies and tests on the Property that are invasive or could alter the physical condition of the Property (including examination of materials, soil samples, and groundwater). Prior to performing any inspection or test (whether non-invasive or otherwise), Purchaser must deliver a certificate of insurance to the applicable Seller evidencing that Purchaser and its contractors, agents and representatives have in place comprehensive general liability insurance (with policy limits of at least $1,000,000 per occurrence and $2,000,000 aggregate) and for workers’ compensation insurance (with policy limits not less than statutory requirements) for its activities on the Property on terms reasonably satisfactory to Seller covering any accident arising in connection with the presence of Purchaser, its contractors, agents and representatives on the Property, which insurance shall name Seller and the Company as additional insureds thereunder and Purchaser shall bear the cost of all such inspections or tests. All third-party professional inspection companies or individuals shall be duly licensed. Notwithstanding the foregoing, Purchaser shall give no fewer than two Business Days’ notice to Seller prior to inspecting any Tenant occupied portions of the Property. Subject to the provisions of this Section 2.3, Purchaser upon prior notice to Seller may meet with the current property manager at the Property. At Purchaser’s request, and to the extent in Seller’s or the Company’s possession, Seller shall make available to Purchaser copies of the maintenance records and reports for the Property. Purchaser shall (i) exercise reasonable care at all times that Purchaser shall be present upon the Property, (ii) at Purchaser’s expense, observe and comply with all applicable laws and any conditions imposed by any insurance policy then in effect with respect to the Property and made known to Purchaser, (iii) not engage in any activities which would violate the provisions of any permit or license pertaining to the Property and made known to Purchaser, (iv) not unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Leases, (v) not unreasonably interfere with the operation and maintenance of the Property, (vi) repair any damage to the Property resulting directly or indirectly from Purchaser’s activities at the Property and (vii) not disclose any confidential information except as permitted under this Agreement or required by applicable law. Purchaser’s obligation pursuant to clauses (vi) and (vii) above shall survive any termination of this Agreement.

  • Buyer’s Due Diligence Prior to Closing, Buyer shall have the right to perform due diligence at the property, including without limitation commissioning an appraisal of the Property, a survey, and a property condition assessment. Buyer may obtain a survey of the Property before the Closing to assure that there are no defects, encroachments, overlaps, boundary line or acreage disputes, or other such matters, that would be disclosed by a survey ("Survey Problems"). The cost of the survey, appraisal and property condition assessment shall be paid by the Buyer. Not later than , Buyer shall notify Seller of any Survey Problems, and any such Survey Problem which shall prevent the issuance of title clear of any encroachment shall be deemed a defect in the title to the Property. Seller shall be required to remedy any such defects within days prior to the Closing. If Seller is unwilling or unable to remedy any such defects, Buyer shall have the right to cancel this Agreement, in which event Buyer shall receive a full refund of the Deposit.

  • Due Diligence During the term of this Agreement, the Company will reasonably cooperate with any reasonable due diligence review conducted by the Agent in connection with the transactions contemplated hereby, including, without limitation, providing information and making available documents and senior corporate officers, during normal business hours and at the Company’s principal offices, as the Agent may reasonably request from time to time.

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