Duty to Investigate Sample Clauses

Duty to Investigate. Contractor represents that it has, as of the Effective Date, taken reasonable steps to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost, including but not limited to: (i) conditions bearing upon transportation, disposal, handling, and storage of Equipment and Materials; (ii) the availability of labor, water, electric power, and roads; (iii) uncertainties of weather, river stages, tides, or similar physical conditions at the Site; (iv) the formation and conditions of the ground, (v) the character of the Equipment and Materials and facilities needed preliminary to and during performance of the Work; and (vi) the location and character of existing or adjacent work or structures. Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the Site and the RFP. Any failure of Contractor to take the actions described in this Section 5.1 will not relieve Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to Owner. Notwithstanding any factual statement, conclusion, or any language or recommendation contained in the RFP, including but not limited to the Geotechnical Reference Reports and the Geotechnical Evaluation Report (“GER”), Contractor assumes full responsibility for inspection of the Site and for the means and methods of construction that it employs when performing the Work.
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Duty to Investigate complaints 9.1. The Customer must check within eight days after delivery of the Goods whether their quantity and quality are correct and are in conformity with the Agreement. 9.2. If the Customer discovers any defect in the quantity and/or quality of the Goods delivered, the Customer must notify the User of the defect in writing immediately after discovery, but in no event later than eight days after delivery of the Goods. If the Customer proves that it could not reasonably have discovered the defect within that period (hidden defect), it must notify the User in writing of the defect within eight days after discovery, or in any event within eight days after it could reasonably have been discovered. 9.3. The written notification referred to in Article 9.2 must contain (i) a detailed description of the defect; (ii) the invoice number and the packing slip related to the delivery, as to enable the User to respond to the claim as adequately as possible. 9.4. If a complaint is not reported within the term stated in Article 9.2 and/or does not meet the requirements stated in Article 9.3, the Customer’s rights regarding the possible defect lapse by operation of law. 9.5. The User will use its best endeavours to assess whether the complaint is valid within 14 days after receiving it. 9.6. If a complaint is declared valid, by the User or otherwise, the User may at its discretion either correct the relevant part of the delivery, redeliver the Goods to the Customer, or send the Customer a credit note for the relevant part of the delivery, which is then considered cancelled. If a complaint is declared valid, the Customer is not entitled to any damages or compensation other than that referred to in the preceding sentence and does not have the right to cancel or terminate the Agreement. 9.7. The Customer may return Goods to the User only with the User’s prior written consent. Return shipments that are not preceded by a complaint and the relevant details regarding the complaint are not permitted. If the Customer returns the Goods contrary to these provisions or without a valid reason, the User will keep those Goods available to the Customer for the Customer’s account and risk, insofar as the User does not refuse those Goods. The User then holds those Goods without in any way acknowledging the validity of a claim under warranty or alike on the part of the Customer. The costs of return shipments are payable by the Customer. 9.8. Complaints do not release the Customer from i...
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Duty to Investigate. You must, at Your own expense (i) perform or cause to be performed an independent investigation (including a forensics analysis) of any data security breach of Card or transaction data, (ii) perform or cause to be performed any remedial actions recommended by any such investigation, and (iii) cooperate with Payment World in the investigation and resolution of any security breach.
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Duty to Investigate establish the truth, prosecute and sanction. The provisions of this law do not preclude the Colombian state from performing its duty to investigate, establish the truth, prosecute and sanction serious violations of human rights and serious breaches of international humanitarian law, as provided for in the Special Jurisdiction for Peace Agreement.
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Duty to Investigate. The Settlor, Trustee and Administrator shall have no obligation to determine, with or without investigation, the identity or mailing address of any Beneficiary entitled to any distributions and they shall have discharged their duties hereunder when the Trustee or Insurer shall have transmitted checks and other required documents, by First Class United States Mail, to such Beneficiary to their last known respective addresses, as provided to the Settlor or Administrator.
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Duty to Investigate. As a furnisher of consumer information to a CRA, Badcock is required to conduct a reasonable investigation of a direct dispute if the consumer submits a proper, written notice of dispute [See Contents of Dispute below] and it relates to: ● The consumer’s liability for a credit account; ● The terms of a credit account; ● The consumer’s performance or conduct related to an account; or ● Any other information related to the consumer’s credit standing, character, or reputation. Contents of Written Dispute - The consumer must include the following information in the written notice of dispute before Badcock is required to investigate and respond and the notice must be delivered to the address posted by Badcock for this purpose. If a CSARM employee of Badcock is in doubt as to whether the consumer’s dispute meets the required threshold to trigger our duty to investigate, the dispute shall be forwarded within 24 hours of receipt to the Compliance and Legal Departments for a final determination. The consumer’s notice of dispute must include: ● Sufficient information to identify the account or other relationship that is in dispute, such as an account number and the name, address, and telephone number of the consumer, if applicable; ● Specific information the consumer is disputing and an explanation of the basis for the dispute; and ● All supporting documentation or other information reasonably required by the furnisher to substantiate the basis of the dispute. This documentation may include, for example a copy of the relevant portion of the consumer report that contains the allegedly inaccurate information; a police report; a fraud or identity theft affidavit; a court order; or account statements. ● Posted Address for Written Disputes – Badcock shall include the address for submitting direct disputes to Badcock’s attention (1) on the consumer report, (2) within the Credit Agreement, Exceptions - Badcock is not required to investigate a direct dispute if the CSARM Department determines the dispute is related to: ● The consumer’s identifying information such as the consumer’s name, date of birth, Social Security number, telephone number(s), or address(es); ● The identity of past or present employers; ● Inquiries or requests for a consumer report; ● Information derived from public records, such as judgments, bankruptcies, liens, and other legal matters; ● Information related to fraud alerts or active duty alerts; ● Information provided to a consumer reporting agency by...
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Duty to Investigate. Collateral Agent shall be entitled to act, and shall be fully protected in acting upon, any communication in whatever form believed by Collateral Agent in good faith to be genuine and correct and to have been signed or sent or made by a proper person or persons or entity. Collateral Agent shall not be bound to investigate any facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order or other communication which it believes to be genuine, and may rely on the facts or matters so stated; but Collateral Agent, in its discretion, may make such further inquiry or investigation into such facts or matters as it may deem fit. With respect to any written notice or instruction hereunder that may be given solely by Majority in Interest, Collateral Agent may accept as genuine any such notice or instruction which on its face purports to be authorized by a Majority in Interest unless Collateral Agent has actual knowledge to the contrary.
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Duty to Investigate. In the event of a breach of security adversely impacting the security of Purdue Parties’ Data caused by KHE’s or its subcontractors’, or their respective personnel’s failure to comply with the requirements herein, KHE also agrees to promptly: (i) investigate such breach, (ii) use commercially reasonable efforts to cure such breach, and (iii) exercise commercially reasonable efforts to restore any lost or damaged data using generally accepted data restoration techniques generally in use by advertising agencies (at the Purdue Parties’ cost unless the breach was caused solely by KHE’s negligent acts or omissions, in which case KHE will pay the reasonable cost of the same). Any Party collecting and maintaining data in connection with the Services and the activities contemplated hereunder will ensure, by regular backups (which shall be no less frequent than daily), that all such data that is generated and/or stored in or in connection with such Party’s system or archival tapes can be restored by appropriate automated methods. Liability for the loss of data shall be limited to the typical restoration cost that would have been incurred if backup copies of the data had been made on a regular basis. If any security breach requires Purdue, under applicable Law, to make a disclosure to any third party, the Parties will cooperate in making such disclosure, including determining the content, methods, and means of such disclosure, with Purdue taking the lead role in the disclosure protocol unless applicable Law provides that KHE shall be responsible for such disclosure. KHE (and any applicable Affiliates or subcontractors) will reasonably cooperate with Purdue in formulating the disclosure, but KHE (and any applicable Affiliates or subcontractors) will not make any such disclosure at its own initiative without Purdue’s prior written consent unless KHE is legally obligated to do so, in which case KHE shall provide Purdue with as much notice as is reasonably practical under the circumstances of KHE’s required disclosure.
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Related to Duty to Investigate

  • Duty to Inform Licensee further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION) inherent in the work necessary to make installations on the District’s Poles by Licensee’s employees, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform Licensee’s employees, agents, contractors or subcontractors of such dangers, and to keep them informed regarding same.

  • No Duty to Inquire (a) Drafts and Demands. LC Issuer is authorized and instructed to accept ------------------ and pay drafts and demands for payment under any Letter of Credit without requiring, and without responsibility for, any determination as to the existence of any event giving rise to said draft, either at the time of acceptance or payment or thereafter. LC Issuer is under no duty to determine the proper identity of anyone presenting such a draft or making such a demand (whether by tested telex or otherwise) as the officer, representative or agent of any beneficiary under any Letter of Credit, and payment by LC Issuer to any such beneficiary when requested by any such purported officer, representative or agent is hereby authorized and approved. Borrower releases each Lender Party from, and agrees to hold each Lender Party harmless and indemnified against, any liability or claim in connection with or arising out of the subject matter of this section, WHICH INDEMNITY SHALL APPLY WHETHER OR NOT ANY SUCH LIABILITY OR CLAIM IS IN ANY WAY OR TO ANY EXTENT CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACT OR OMISSION OF ANY KIND BY ANY LENDER PARTY, provided only that no Lender Party shall be entitled to indemnification for that portion, if any, of any liability or claim which is proximately caused by its own individual gross negligence or willful misconduct, as determined in a final judgment.

  • Duty to Inform Lessor If Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance.

  • Access to Information; Independent Investigation Prior to the execution of this Agreement, the Subscriber has had the opportunity to ask questions of and receive answers from representatives of the Company concerning an investment in the Company, as well as the finances, operations, business and prospects of the Company, and the opportunity to obtain additional information to verify the accuracy of all information so obtained. In determining whether to make this investment, Subscriber has relied solely on Subscriber’s own knowledge and understanding of the Company and its business based upon Subscriber’s own due diligence investigation and the information furnished pursuant to this paragraph. Subscriber understands that no person has been authorized to give any information or to make any representations which were not furnished pursuant to this Section 2 and Subscriber has not relied on any other representations or information in making its investment decision, whether written or oral, relating to the Company, its operations and/or its prospects.

  • Right to Information The City of Xxxxxx reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right.

  • Independent Investigation Subscriber, in making the decision to purchase the Units, has relied upon an independent investigation of the Company and has not relied upon any information or representations made by any third parties or upon any oral or written representations or assurances from the Company, its officers, directors or employees or any other representatives or agents of the Company, other than as set forth in this Agreement. Subscriber is familiar with the business, operations and financial condition of the Company and has had an opportunity to ask questions of, and receive answers from the Company’s officers and directors concerning the Company and the terms and conditions of the offering of the Units and has had full access to such other information concerning the Company as Subscriber has requested. Subscriber confirms that all documents that it has requested have been made available and that Subscriber has been supplied with all of the additional information concerning this investment which Subscriber has requested.

  • No Duty of Investigation Notice in Trust Instruments, etc. No purchaser, lender, transfer agent or other person dealing with the Trustees or with any officer, employee or agent of the Trust shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust. The Trustees may maintain insurance for the protection of the Trust Property, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Act.

  • Duty to Cooperate If the Parties disagree on any aspect of the proposed Motion for Preliminary Approval and/or the supporting declarations and documents, Class Counsel and Defense Counsel will expeditiously work together on behalf of the Parties by meeting in person or by telephone, and in good faith, to resolve the disagreement. If the Court does not grant Preliminary Approval or conditions Preliminary Approval on any material change to this Agreement, Class Counsel and Defense Counsel will expeditiously work together on behalf of the Parties by meeting in person or by telephone, and in good faith, to modify the Agreement and otherwise satisfy the Court’s concerns.

  • Effect of Investigation The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate or by reason of the Indemnified Party’s waiver of any condition set forth in Section 7.02 or Section 7.03, as the case may be.

  • Duty to Mitigate Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to this Agreement.

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