Independent Inspector. The independent third party designated by the Steering Committee (on behalf of all Signatories) and who is tasked with, and responsible for, the collection and processing of information supplied by Signatories pursuant to Section 6 and Annex B, and determining a Signatory’s compliance with the Agreement in accordance the Commitments.. The Steering Committee shall engage the services of the Independent Inspector upon terms and conditions that shall require undertakings of confidentiality from the Independent Inspector, and which shall also set out any requirements or applicable mechanisms for a process of appeal, in case this is ever be necessary;
Independent Inspector. The Independent Inspector is an independent third party designated by the Steering Committee and who is tasked with, and responsible for, the collection and processing of information supplied by Signatories pursuant to Section 7, Annex B and Annex C, and determining a Signatory’s compliance with the Agreement in accordance with the commitments, as well as for the carrying out of audits. The Steering Committee shall engage the services of the Independent Inspector upon terms and conditions that shall require undertakings of confidentiality from the Independent Inspector, and which shall also set out any requirements or applicable mechanisms for a process of appeal, in case this is ever be necessary. The Commission shall have the right to veto the choice of the Independent Inspector. The chosen Independent Inspector is to: Observe confidentiality, where necessary, in order to protect commercial secrets or to preserve sensitive data of a Signatory. The Independent Inspector should sign 'Nondisclosure Agreements' with all the Signatories to the self-regulation measure, Be impartial in all its actions and base its opinions and reports only on the facts, Interpret applicable rules and figures in a truthful and sincere manner, Be free of conflicts of interest and preferably not have any business or other relevant relationship with the Signatories or at least disclose such relationship at the earliest possible stage, Perform its tasks with due care and supervise adequately all performed tasks for which it will be responsible. Information about the Independent Inspector chosen for the self-regulation measure should be published on the website dedicated to the self-regulation measure within thirty days following its appointment. The Independent Inspector shall have an observer seat at the Steering Committee.
Independent Inspector. Seller and the Companies shall mutually agree on the Independent Inspector. Seller shall be responsible to draw all samples, including determination samples, and at Companies’ request, said samples shall be drawn under the supervision of the Independent Inspector, All measurements with respect to each designated Delivery and any other provision of this Contract shall be conducted by an Independent Inspector, who shall attend designated Fuel Deliveries. Reasonable charges for services rendered by the Independent Inspector shall be borne equally by the Companies and Seller.
Independent Inspector. Hawaiian Electric and Seller shall agree on a list of Independent Inspectors which shall be attached hereto as “Attachment D - Independent Inspectors List” containing the names of Independent Inspectors which both Parties agree are fully qualified to perform the Independent Inspector functions under this Article IX.
Independent Inspector. HECO and SELLER shall agree on a list of Independent Inspectors which shall be attached hereto as “Attachment D - Independent Inspectors List” containing the names of Independent Inspectors which both Parties agree are fully qualified to perform the Independent Inspector functions under this Section 6.11 (Independent Inspector).
Independent Inspector. Hawaiian Electric and Seller shall agree on the Independent Inspector. All samples, measurements and determinations samples shall be drawn, taken and made, respectively, with respect to each designated Delivery and any other provision of this Contract shall be under the supervision of the Independent Inspector, who shall attend designated fuel Deliveries. Reasonable charges for services rendered by the Independent Inspector shall be borne equally by the Companies and Seller.
Independent Inspector. Seller and the Companies shall mutually agree on appointment of the Independent Inspector and such agreement shall not be unreasonably withheld by either Party. All samples, measurements, and determinations as provided in this Agreement shall be drawn, taken, and made under the supervision of the Independent Inspector, who shall attend Deliveries of the Product as designated by the Parties or as otherwise provided for in this Agreement. All charges for services rendered by the Independent Inspector shall be borne equally by the Companies and Seller except as otherwise provided for in this Agreement.
Independent Inspector. The Steering committee shall, with the agreement of the Commission, appoint an Independent Inspector. The signatories of this agreement will bear all the reasonable costs of the Inspector The appointment of the Inspector will be published on the XXXX.XX website within 30 days of appointment. The Independent Inspector will be responsible for: • Checking and reporting on the compliance of the member signatories to the requirements of this voluntary agreement. • Selecting which products and companies shall be audited in accordance with this agreement. • Carrying out the product and company audits and reporting the results to the steering Committee and the Commission • Collecting the sales, purchasing and compliance data of all applicable signatories. • Preparing the annual compliance report. • Testing or overseeing testing of products selected for auditing. • Observing the confidentiality of commercially secret or sensitive information. Furthermore the Independent Inspector will • Be impartial in all its actions and base its opinions on facts • Interpret applicable rules in a truthful and sincere manner • Be free of conflicts of interest and not have any business or other relationship with any signatory. • Perform all tasks with due care and supervise adequately all performed tasks for which it is responsible The Independent Inspector shall be responsible for verifying the compliance of the signatories to this agreement. This verification may be performed by • Document checking • Product testing • Inspections in a signatories premises The Inspector is authorised to determine on appropriate mix of the above activities
Independent Inspector. Borrower acknowledges that Lender will be --------------------- hiring Lender's Inspector for the purpose of assisting Lender in approving the Plans and Specifications, budgets, draw requests, construction contracts, architectural contracts and for purposes of making monthly inspections as the construction of the Improvements progresses. Borrower and Lender agree that the fees and expenses of Lender's Inspector, and of any other independent inspector, architect or engineer of Lender's choosing providing any service on behalf of Lender in connection herewith shall be borne by Borrower, shall be payable on demand, may be withheld by Lender from the proceeds of the Construction Loan, and shall be included as a line item on Borrower's budget. Notwithstanding the foregoing, Lender shall have no duty to supervise or inspect any of the foregoing; any inspection by Lender shall be for the sole purpose of protecting Lender's security and preserving Lender's rights hereunder. Failure by Lender to inspect any work shall not constitute a waiver of any of Lender's rights hereunder. Inspection not followed by notice of an Event of Default shall not constitute a waiver of any Event of Default then existing. Any inspection by Lender shall not be a representation by Lender that there has been or will be compliance with the Plans and Specifications or that the construction is free from defective materials or workmanship, nor shall any inspection by Lender constitute approval of any certification given to Lender or relieve any person making such certification of responsibility therefor.
Independent Inspector. Vitol may request a quality inspection of the Product be performed by an Independent Inspector with tests specified by Vitol and consistent with those set out in Section 5.3. Such product quality inspections shall be performed no more frequently than four times per each 12-calendar month period during the Term. BKRF shall be responsible for the cost of all such quality inspections. Any Representatives of Vitol who are scheduled to attend any such inspection shall at all times and for all purposes be subject to the health and safety requirements and policies of BKRF for visitors to the Project.
