Independent Inspection. The Engineer may delegate inspection and testing of materials, Works or Plant to an independent inspector or inspecting agency of specialised competence, experience or accreditation in carrying out such inspection. Any such delegation shall be effected in accordance with Sub-Clause 3.4 and for this purpose such independent inspector shall be considered as an assistant of the Engineer.
Independent Inspection. (a) Xxxxx can appoint third party inspector at the loading terminal. Cost of appointing the inspector shall be borne by Xxxxx. In case of any dispute, findings of Loading Master shall prevail.
Independent Inspection. All gauging, temperature measuring, sampling and testing will be done by a mutually agreed US Customs Approved Independent Inspection Company (“IIC”). DCR and Xxxx shall have the right to witness any activity performed by the IIC. Costs for all inventory services provided by the IIC shall be equally shared between DCR and Xxxx. The findings and determinations of the IIC are to be final and binding on the Parties, subject to the review period described in Section (M.) below.
Independent Inspection. Chevron and HECO will make commercially reasonable efforts to ensure that all measurements taken and determinations made with respect to the provisions of this Contract shall be under the supervision of an Independent Inspector, and the costs thereof shall be shared equally by Chevron and HECO. If, in the interest of time, Chevron personnel rather than the Independent Inspector take measurements, such measuring shall be performed in accordance with accepted industry standards approved by an Independent Inspector.
Independent Inspection. The liability of the Contractor under this Agreement shall not be modified, released, diminished or in any way affected by any independent inspection, investigation or enquiry into any relevant matter which may be made or carried out by or for the Beneficiary, nor by any failure or omission to carry out such inspection, investigation or enquiry, nor by the Building Contract of any independent party to review the progress of or otherwise report to the Beneficiary in respect of the Development, nor by any action or omission of any such independent party whether or not such action or omission might give rise to any independent liability of such independent party to the Beneficiary.
Independent Inspection. All gauging, temperature measurment, sampling, testing and net volume calculations will be done by the Petroleum Inspection Company with the participation of Buyer’s and Seller’s Inventory Committee representatives using a mutually agreed upon gauging and sampling schedule by tank (the “Inventory Schedule”). The Inventory Schedule will be mutually developed between the Buyer, Seller and Petroleum Inspection Company. All three parties shall have the right to participate in the physical inventory measurement by observing the gauging, temperature readings, sampling, etc. In addition, Buyer and Seller shall each have the right to have its own independent accountants, consultants, or agents present during the physical inventory, at such respective Parties’ sole cost and expense. Inspection/Testing costs for the Petroleum Inspection Company, including, travel, laboratory, and incidental costs (such as bottles, bombs, seals, etc.), shall be shared on a 50/50 basis (i.e., 50% by the Seller and 50% by the Buyer) by the Parties. Any additional requests (outside of the inventory process) to the Petroleum Inspection Company will be billed to the requesting party at 100%.
Independent Inspection. In connection with Buyer’s acquisition of the Property, Buyer acknowledges and agrees that it (a) is relying solely on its own independent investigation of the Property and representations made by Operator herein (Buyer acknowledging and agreeing that Seller shall have no liability whatsoever for such representations of Operator) and not on any information provided or to be provided by Seller, its agents, or contractors, (b) has inspected or, during the Study Period, will conduct an independent inspection of the Property with its own professionals, including, but not limited to, engineers, consultants, and others of Buyer’s choice who are trained and qualified to inspect commercial real property, (c) knowingly, voluntarily, and willingly assumes the risk of the physical condition and state of repair of the Property, (d) except as otherwise expressly provided in this Agreement, shall accept the Property in its “AS IS, WHERE IS WITH ALL FAULTS” condition on the Closing Date, including the environmental condition thereof, and (e) has not been induced by and has not relied on any representations, warranties, or statements, whether express or implied, oral or written, made by Seller, or any agent, employee, or other representative of Seller, or by any broker or any other person representing or purporting to represent Seller, which are not expressly set forth in this Agreement. The Purchase Price shall not be reduced as a consequence of reasonable use, wear, tear, and natural deterioration of the Property between the date hereof and the Closing Date.
Independent Inspection. 21.3.1 Either party may appoint, at its own expense, an independent inspector at the Loading Terminal to supervise loading, subject to any necessary prior agreement of the Loading Terminal operator having been obtained. Such appointment shall be notified in writing to the other party. Unless otherwise provided for in the Special Provisions, such appointment shall be without prejudice to measurement, sampling and testing as per section 21.2.
Independent Inspection. All gauging, temperature measuring, sampling and testing will be done by a Customs Approved Inspection Company (the “Petroleum Inspection Company”) mutually agreed to by the Seller and the Buyer. Seller and Buyer shall have the right to participate in the physical inventory measurement by observing the gauging, temperature readings, sampling, net volume calculations and testing during the physical inventory measurement. Costs for the Petroleum Inspection Company, including incidental costs (such as cans, bombs, seals, etc.), shall be paid 50% by the Seller and 50% by the Buyer.
Independent Inspection. Buyer acknowledges that it has independently inspected the Real Property and has made and entered into this Agreement based upon its own inspection and its own examination of the condition of the Real Property.
