Duty to Review. The Trustee shall have no duty to review or analyze reports delivered to it. Delivery of such reports, information and documents to the Trustee pursuant to Section 5.01 is for informational purposes only, and the Trustee’s receipt thereof shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants under this Indenture (as to which the Trustee is entitled to certificates). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Issuer’s compliance with the covenants or with respect to any reports or other documents filed with the Commission or any website under the indenture, or participate in any conference calls.
Duty to Review. Contract Documents and Field Conditions after Commencement of the Work.
(a) Before starting each portion of the Work, and throughout the performance of the Work, the Contractor shall carefully study and compare the various Construction Documents and other Contract Documents relative to that portion of the Work, shall take field measurements of any existing conditions related to that portion of the Work, and shall investigate and observe any conditions at the Worksite that may affect performance of the Work. These obligations are for the purpose of assuring the completeness of the Construction Documents; any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Project Manager and Architect/Engineer as a request for information in such form as required by Project Manager. The Contractor shall be liable to the Owner for damages resulting from errors, inconsistencies or omissions in the Contract Documents that Contractor should have discovered and reported, in the exercise of the Standard of Care.
(b) It is recognized that the Contractor's review is made in the Contractor's capacity as a Contractor and not as a licensed design professional unless otherwise specifically provided by a Contract Amendment. The Contractor is not required to ascertain that the Contract Documents are in accordance with Applicable Law, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or which reasonably should have, in the exercise of the Standard of Care, been discovered by the Contractor, or which is made known to the Contractor shall be reported promptly to the Project Manager and Architect/Engineer. If the Contractor performs any Work which it knew or should have known was contrary to such Applicable Law, statutes, ordinances, building codes, or rules and regulations without giving such notice to the Project Manager and Architect/Engineer, Contractor shall assume full responsibility for such Work and shall bear the costs attributable to correction thereof.
(c) The Contractor and each Subcontractor shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed, including:
(1) the location, condition, layout and nature of the Worksite and surrounding areas;
(2) generally prevailing climatic conditions;
(3) anticipated labor supply and costs;
(4) availability and cost of materials, tools and equipment; and
(5) other similar issues.
(d)...
Duty to Review. You shall promptly review the reports and statements provided to you by us for accuracy and completeness. You shall immediately notify us of any error in a report or statement provided to you. Reports and statements for which no notice of error is received within ten (10) Business Days shall be deemed correct. DEADLINES A Service may be subject to deadlines or processing cut-off times as described in the applicable User Documentation for the Service or otherwise communicated to you by us from time to time. Instructions or Data received after a deadline or cut-off time are deemed received on our next Business Day. We may accept and attempt to process instructions or Data received by us after our deadline or cut-off times, but we shall have no obligation to do so and shall not be responsible if we accept and attempt to process instructions or Data and are unable to do so until our next Business Day.
Duty to Review. The Trustee shall have no duty to review or analyze reports delivered to it. Delivery of such reports, information and documents to the Trustee pursuant to Section 3.03 is for informational purposes only, and the Trustee’s receipt thereof shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants under this Indenture (as to which the Trustee is entitled to Officer’s Certificates). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s compliance with the covenants or with respect to any reports or other documents filed with the SEC or EXXXX or any website under the Indenture, or participate in any conference calls.
Duty to Review. You shall promptly review the reports and statements provided to you by us for accuracy and completeness. You shall immediately notify us of any error in a report or statement provided to you. Reports and statements for which no notice of error is received within ten (10) Business Days shall be deemed correct. DEADLINES A Service may be subject to deadlines or processing cut-off times as described in the applicable User Documentation for the Service or otherwise communicated to you by us from time to time. Instructions or Data received after a deadline or cut-off time are deemed received on our next Business Day. We may accept and attempt to process instructions or Data received by us after our deadline or cut-off times, but we shall have no obligation to do so and shall not be responsible if we accept and attempt to process instructions or Data and are unable to do so until our next Business Day. FUNDS TRANSFERS Electronic fund transfers which are not consumer electronic fund transfers governed by the Electronic Fund Transfer Act and Regulation E are governed by the Uniform Commercial Code ("UCC") applicable to your Account(s), the rules and regulations of the fund transfers system through which the funds are sent and by the terms and conditions stated in this disclosure. These fund transfers include transfers to or from accounts through the Federal Reserve Bank system by means of Fedwire or, internationally, through SWIFT (the Society for Worldwide Interbank Financial Telecommunication), transfers through the automated clearing house that are subject to the ACH applicable rules or other fund transfer systems and transfers between accounts at our different branches ("on us" transfers). The terms and conditions that follow apply if you request that we act as the "Originating Bank" for a "payment order" from you or as the "Beneficiary Bank" for a payment order to you as these terms are defined in the UCC. These terms do not generally apply to transfers originated by check, draft or other written item. Any Authorized Signer on an account may initiate an electronic fund transfer from the Account by means of a payment order unless you and we have otherwise agreed. Electronic transfers may be initiated by payment order in the form of a written communication received directly or by facsimile transmission, orally, by telephone or electronically. If an Authorized Xxxxxx uses a facsimile signature, we may rely and act upon the signature as stated under the Acco...
Duty to Review i) Your duty to report unauthorized signatures, alterations, forgeries, and other unauthorized items or debits. You are required under the law to review each periodic account statement with "reasonable promptness." You must report promptly to us any unauthorized signatures, alterations, forgeries, or other unauthorized items or transactions. You must also examine copies of checks or other transactions on your account for unauthorized, missing, or forged endorsements for which you should have a reasonable basis to identify as authentic or valid. Failure to notify us as required by law and these provisions under this Agreement prevents you from claiming reimbursement or restoration of the loss from any of these items. The loss includes not only the original unauthorized item itself but also any additional items from the same wrongdoer. You agree that “reasonable promptness” for reviewing your statement and reporting unauthorized, altered, or forged items will depend on the surrounding circumstances; nevertheless, you agree that this period will never be longer than 30 days, no matter the surrounding circumstances.
ii) Your duty to report other errors. You also agree to review your statement with reasonable promptness for any other error than those listed in the preceding paragraph (“Other Errors”). The reasonable promptness of your review will depend on the circumstances but will not under any circumstances exceed 60 days from when we send you the statement or otherwise make the statement available to you. If you fail to review your statement and report Other Errors within 60 days, you will be foreclosed from claiming against us that we must reverse or correct the Other Error.
iii) Errors relating to electronic fund transfers or substitute checks. For information on and provisions governing errors relating to electronic fund transfers (e.g., computer, debit card, or ATM transactions), see the section entitled “Electronic Fund Transfers – Your Rights and Responsibilities,” particularly the subsection entitled “Error Resolution Notice.” For information on and provisions governing errors relating to substitute checks, see the section entitled “Substitute Checks and Your Rights.”
Duty to Review. The Customer undertakes to review any “Customer Notices” as published on OAB’s website from time to time, and forthwith take all necessary action in this regard.
Duty to Review. You agree to review promptly all statements, notices, and transaction information made available to you, and to report all unauthorized transactions to Modern Bank immediately. In case of any questions or errors regarding an Online Banking or Online Xxxx Payment transaction, including if your account statement or information shows transfers you did not make, immediately notify Modern Bank at (000) 000-0000 or write a letter and send it to: Modern Bank N.A. 000 Xxxx Xxx, Xxxxx 000 Xxx Xxxx, XX 00000 Attention: Service Officers We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. If you do not notify Modern Bank within sixty (60) days after the statement was mailed (or made available to you via Online Banking) to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Modern Bank had been notified in time. We will need from you the following information: * Your name and account number; * The dollar amount of the suspected error; * The date on which it occurred; and * A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information. You agree to cooperate with us in the investigation of any claim or dispute and provide us with information and documentation as may be necessary in order to assist us in resolving your claim or dispute. If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days (five (5) Business Days for Visa-branded Debit Card point-of-sale transactions processed by Visa and twenty (20) Business Days if the transfer involved a new account) from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days (five (5) Business Days for Visa-branded Debit Card point-of-sale transactions processed by Visa and twenty (20) Business Days if the transfer involved a new account) after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days (ninety (90) days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Business Days for the amount you think i...
Duty to Review. The Trustee shall have no duty to review or analyze reports delivered to it. Delivery of such reports, information and documents to the Trustee pursuant to Section 6.01 is for informational purposes only, and the Trustee’s receipt thereof shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants under the Indenture (as to which the Trustee is entitled to certificates). The Trustee shall have no duty to review or make independent investigation with respect to any of the foregoing received by the Trustee and shall hold the same solely as repository. The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Issuer’s compliance with the covenants or with respect to any reports or other documents filed with the Commission or any website under the indenture, or participate in any conference calls.
