Further Investigation. IFA shall promptly conduct such further investigation as IFA deems appropriate. IFA shall use reasonable efforts to determine within three Business Days after receipt of such notification whether the situation falls within the scope of Section 5.3.1.1(a) or (b), and shall notify Design-Build Contractor of its determination once it is made. IFA shall, at that time, also advise Design-Build Contractor of any action to be taken regarding the situation. If Hazardous Materials or Contaminated Groundwater is involved, the notice shall describe the type of remediation measures, if any, which Design-Build Contractor is to undertake with respect thereto.
Further Investigation. The DB Contractor shall promptly conduct such further investigation with respect to Section 7.3.1 as the District deems appropriate. Within five (5) Business Days after its initial notice to the District, the DB Contractor shall advise the District of any action recommended to be taken regarding the situation. If Hazardous Materials are involved, the notice shall describe the type of Remediation Work, if any, which the DB Contractor proposes to undertake with respect thereto. If human remains, artifacts, or paleontological, historical, geological, cultural, or biological resources are present, the notice shall advise the District as to what course of action the DB Contractor intends to take with respect thereto and whether the location must be fenced off or whether Work can resume. The District then will either approve, or require modification of, the DB Contractor’s proposed actions. Any additional Governmental Approvals that may become required will be performed in accordance with Section 4.3.3.
Further Investigation. Between the date of this Agreement and the Closing Date, Seller shall provide Buyer, Headway and their respective representatives with full access during normal business hours, on reasonable prior notice, to Seller's premises, personnel and files, books and records concerning Seller's business and the Acquired Assets, and Seller shall cause its officers, employees and representatives to furnish such financial and operating data and other information with respect to Seller's business and the Acquired Assets as Buyer or Headway shall reasonably request; provided, however, that any such investigation shall be conducted in such manner as not to interfere unreasonably with the operation of Seller's business. During such investigation, Buyer, Headway and their respective representatives shall have the right to make copies of, or excerpts from, such files, books and records as they may deem advisable. If the purchase and sale contemplated in this Agreement are not consummated, each of the parties shall (i) return all written information and copies and summaries thereof to the party from which such information originated and (ii) maintain in confidence and not disclose to third parties any information obtained from the other party which the other party designated as confidential or with respect to which the circumstances of its disclosure reasonably indicated that the other party treated it as confidential. The foregoing shall not apply to any information that is or becomes part of public or industry knowledge for reasons other than the acts or omissions of the party to whom such information is disclosed in connection with the transactions contemplated herein. The provisions of this Section 9.3 shall survive the termination of this Agreement for any reason.
Further Investigation. The Company shall give to each Purchaser and its representatives between the date of this Agreement and the Closing Date, full access during normal business hours to all of the premises, files, books and records of the Company and the Subsidiaries and cause the officers of the Company to furnish such financial and operating data and other information with respect -17- to the Company and the Subsidiaries as each such Purchaser shall from time to time reasonably request; provided, however, that any such investigation (a) shall be conducted in such manner as not to interfere unreasonably with the operation of the business of the Company and the Subsidiaries, and (b) shall not affect any of the representations and warranties hereunder. During such investigation, each such Purchaser and its representatives shall have the right to make copies of, or excerpts from, such files, books and records as they may deem advisable. If this Agreement is not consummated, each Purchaser shall return to the Company all such copies of materials belonging to the Company made by or furnished to any Purchaser except for such materials as the Purchasers are entitled to hereunder or under the Stockholders' Agreement.
Further Investigation. After the Closing, SHN, as Buyer's consultant, and an environmental consultant selected by Seller ("Seller's Consultant") shall jointly develop a report of the data SHN has developed to date and a proposed work plan designed to determine, to a reasonable degree of certainty as may be required by the Regional Board, the possible sources of the Releases of the four chemicals and the concentrations and approximate locations of each at or near the
Further Investigation. 2.1 Within 14 days after the date of this Agreement, the Client must provide CSIRO with a signed confidentiality agreement in the form attached as Annexure A and must procure and ensure that all of its Related Corporations and contractors who will be involved in the Further Investigation also provide CSIRO with signed confidentiality agreements in the form attached in Annexure B. Upon receipt by CSIRO of all duly executed confidentiality agreements, CSIRO will disclose to the Client such of CSIRO’s Confidential Information in relation to the DSX Technology as CSIRO in its absolute discretion acting reasonably considers necessary for the purposes of the Further Investigation. If such confidentiality agreements are not received by CSIRO within the 14 day period (or such longer period as is agreed by the Parties), this Agreement will terminate.
2.2 The Client will have 30 days from the date of disclosure by CSIRO of its Confidential Information under clause 2.1, (“Assessment Period”) to assess whether or not to proceed with the Technology Licence. Prior to the expiry of the Assessment Period, the Client must notify CSIRO in writing if it wishes to be granted the Technology Licence. If the Client does not so notify, this Agreement will terminate at the expiry of the 30 day period, subject to the Client’s continuing obligations under the confidentiality agreement signed under clause 2.1 and subject to clause 0.
Further Investigation. Upon at least two (2) business days prior notice, Borrower shall permit Lender or any person designated from time to time by Lender, at Borrower’s expense, to discuss the affairs, finances, and accounts of Borrower with Borrower and Borrower’s accountants, all at such reasonable times and as often as Lender may reasonably request. Upon at least two (2) business days prior notice, all books, documents, financial records, and other files relating to the business and affairs of Borrower shall at all reasonable times be open to inspection either by Lender or such other person as shall from time to time be designated by Lender, who may make such copies or extracts as Lender reasonably deems appropriate; and, upon prior notice, the Property, Collateral, and the Project shall at all reasonable times be open to inspection by Lender or such person as shall from time to time be designated by Lender.
Further Investigation. The Contractor shall promptly conduct such further investigations, as the Authority reasonably deems appropriate. As soon as possible but no later than five Working Days after its initial notice to the Authority, the Contractor shall advise the Authority of any action recommended to be taken regarding the situation in a written remediation plan. If Hazardous Materials are involved, the remediation plan shall describe the type of remediation Work, if any, that the Contractor proposes to undertake with respect thereto. If any archaeological, paleontological, cultural, biological or other protected resources are discovered, the remediation plan shall advise the Authority what course of action the Contractor intends to take with respect thereto and whether the location must be fenced off or whether Work can resume. The Authority then will either approve, or require modification of, the Contractor’s proposed remediation plan.
Further Investigation. As part of an agreed-upon investigation process, SRC Solutions, Inc., may specify reasonable charges for such investigation, as required. If the investigation is then authorized, all party’s designated contact persons will sign the draft PCR, which will constitute approval for the investigation charges to be billed to CLIENT by SRC Solutions. The investigation will determine the impact the draft PCR will have on price, schedule, and any other terms and conditions that would need to be added or modified in this SOW by means of the PCR.
Further Investigation. 18 4.2 Confidentiality.............................................19 4.4 Preserve Accuracy of Representations and Warranties of the Company..............................................19
