Inspection by Buyer. Designated representatives of Buyer may inspect the manufacturing of the Aircraft at all reasonable times. However, if access to any part of Boeing's plant is restricted by the United States Government, Boeing will be allowed a reasonable time to arrange for inspection elsewhere. All inspections by Buyer's representatives will be performed so as not to hinder manufacture or performance by Boeing.
Inspection by Buyer. Buyer acknowledges that it will complete all physical and financial examinations relating to the acquisition of the Property hereunder and, subject to the express representations and warranties of Seller contained herein, will acquire the same solely on the basis of such examinations and the title insurance protection afforded by the owner’s title insurance policy to be issued pursuant to the Title Commitment and not on any information provided or to be provided by Seller. Except as expressly set forth in this Agreement, Seller makes no representation or warranty as to the truth, accuracy or completeness of any materials, data or information delivered by Seller to Buyer in connection with the transaction contemplated by this Agreement. Buyer acknowledges and agrees that all materials, data and information delivered or made available by Seller to Buyer in connection with the transaction contemplated by this Agreement are provided to Buyer as a convenience only and that any reliance on or use of such materials, data or information by Buyer shall be at the sole risk of Buyer, except as otherwise expressly stated herein. Without limiting the generality of the foregoing provisions, Buyer acknowledges and agrees that (a) any environmental or other report with respect to the Property which is delivered or made available by Seller to Buyer shall be for general informational purposes only, (b) Buyer shall not have any right to rely on any such report delivered or made available by Seller to Buyer, but rather will rely on its own inspections and investigations of the Property and any reports commissioned by Buyer with respect thereto, and (c) neither Seller, any affiliate of Seller, nor the person or entity which prepared any such report delivered or made available by Seller to Buyer shall have any liability to Buyer for any inaccuracy in or omission from any such report. Buyer further acknowledges and agrees that any information provided or to be provided with respect to the Property including, without limitation, any due diligence materials, was obtained from a variety of sources and that, except for the express representations and warranties contained in this Agreement, Seller has not made any independent investigation or verification of such information and makes no representations as to the accuracy or completeness of such information. Seller shall not be liable for any failure to investigate the Property nor shall Seller be bound in any manner by any verbal or...
Inspection by Buyer. After Substantial Completion Date, Buyer and/or Buyer’s designated inspector/representative, while accompanied by a Seller’s representative, shall completely inspect the improvements ("Improvements"). Within 24 hours of Buyer’s inspection, Buyer shall submit a written list of matters which Buyer reasonably deems to be incomplete or defective, hereinafter referred to as the “Punch List”. Said Punch List is to be given to the Smithbilt representative to be uploaded to the My Home Portal. Any and all items needing to be addressed must be listed on the My Home Portal or they will not be addressed. Items listed on any other forms will not precede My Home, this includes, but not limited to, home inspection reports or TAR forms. Subject to Seller’s acceptance, Seller shall diligently attempt to complete or repair items identified on the Punch List prior to the Closing Date. If the reasonable cost of completion of the Punch List items exceeds $5,000.00, the job shall not be deemed to be substantially complete. In the event Seller does not agree with Buyer’s Punch List items, the parties agree to negotiate in good faith to resolve such disagreement. No changes to the Punch List may be made after its initial submission to Seller. Said Punch List must be signed by Buyer prior to closing acknowledging all Punch List items have been addressed. If Buyer proceeds with closing without signing the Punch List, the Punch List is hereby deemed agreed to and acceptable to Buyer. If Buyer subsequently discovers any matter s/he believes incomplete or defective, Buyer may identify such defects to Seller for repair under the Builder’s Limited Warranty as provided in Paragraph 15 below.
Inspection by Buyer. At a point in time when Seller deems the Improvements upon the Property to be complete, Seller shall give Buyer notice of such. Buyer and/or Buyer’s designated inspector/representative shall, at a mutually agreeable time within five (5) days of Closing, completely inspect the improvements ("Improvements"). Following the inspection, Buyer shall submit a written list of matters which Buyer reasonably deems to be incomplete or defective, hereinafter referred to as the “Punch List”. Subject to Seller’s acceptance, Seller shall diligently attempt to complete or repair items identified on the Punch List within seven (7) days of receipt. In the event Seller does not agree with Buyer’s Punch List items, the parties agree to negotiate in good faith to resolve such disagreement. No changes to the Punch List may be made after its submission to Seller. If Buyer subsequently discovers any matter s/he believes incomplete or defective, Buyer may identify such defects to Seller for repair under the Builder’s Limited Warranty as provided in Paragraph 16 below.
Inspection by Buyer. Buyer shall inspect the Goods within 3 days of receipt (“Inspection Period”). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in Buyer’s purchase order; (ii) product’s label or packaging incorrectly identifies its contents; or (iii) product is damaged, for reasons other than being damaged in transit, whereby Buyer is unable to make productive use of the product.
Inspection by Buyer. Within 48 hours after Substantial Completion Date, Buyer and/or Buyer’s designated inspector/representative shall completely inspect the improvements ("Improvements"). Following the inspection, Buyer shall submit a written list of matters which Buyer reasonably deems to be incomplete or defective, hereinafter referred to as the “Punch List”. Subject to Seller’s acceptance, Seller shall diligently attempt to complete or repair items identified on the Punch List within prior to Closing Date. In the event Seller does not agree with Buyer’s Punch List items, the parties agree to negotiate in good faith to resolve such disagreement. No changes to the Punch List may be made after its submission to Seller. If Buyer subsequently discovers any matter s/he believes incomplete or defective, Buyer may identify such defects to Seller for repair under the Builder’s Limited Warranty as provided in Paragraph 16 below.
Inspection by Buyer. Buyer has commenced its due diligence investigation and inspection of the Transferred Assets (structural, operational, environmental, title or otherwise) and of the business, prospects and affairs of the Transferred Assets and the Hospital Business (collectively, the "Inspection"). All costs and expenses incurred in connection with the Inspection shall be borne by Buyer. Buyer has obtained a preliminary title report (the "Preliminary Title Report") issued by Stewxxx Xxxle Company (the "Title Company") with respect to the Real Property. Buyer and Seller acknowledge and agree that any Environmental Survey of the Real Property prepared in connection with this transaction prior to the date of this Agreement is only an initial environmental site assessment (the "Phase I Assessment"), but will include, if subsequently determined by Buyer to be necessary or prudent, any further environmental investigation (including all remediation reports with respect thereto, the "Phase II Investigation") of the Real Property and that thereafter all references in this Agreement to the Environmental Survey shall mean both the Phase I Assessment and all Phase II Investigations. Seller shall grant to Buyer a right of access to the Real Property for the Inspection, which right shall include the right to inspect, sample, test or perform any other service or procedure reasonably necessary for the preparation of the Environmental Survey. Buyer shall give Seller no less than 24 hours' notice before any of the Inspections are conducted, and all Inspections shall be conducted during normal business hours and in a manner so as not to unreasonably disturb patient care or interfere with the normal operations of the Hospital Business unless otherwise agreed by Buyer and Seller. Seller shall be permitted to have one of its employees present during all Inspections, including, without limitation, all Inspections of and sample gatherings (including borings) from the soil or any floor tile, insulation or other internal component of the Real Property.
Inspection by Buyer. Buyer will be acquiring the Property solely in reliance upon Buyer's own inspections, examinations, and evaluations of the Property, and, subject to Buyer’s right to terminate this Agreement as set forth above. By accepting delivery of the Phase 1 Special Warranty Deed or Phase 2 Special Warranty Deed, as appropriate, Buyer shall be deemed to represent to Seller that (a) Buyer has had the opportunity to examine and inspect the Property to Buyer's complete satisfaction, and (b) Buyer has determined that Buyer is satisfied with the condition, quality, quantity, operation, state of repair, and prospects of the Property, and all other matters concerning the Property, in all respects, and (c) Buyer has decided that Buyer is willing to acquire the Property AS-IS, WHERE-IS, and WITH ALL FAULTS, including the physical condition of the Property and any defects thereof, the presence of any Hazardous Materials in, on or under the Property, the condition or existence of any above ground or underground structures or improvements in, on or under the Property, the condition of title to the Property, and any leases, easements, reservations, or other agreements affecting the Property.
Inspection by Buyer. Inspections: The Buyer may hire professionals to inspect the Property within
Inspection by Buyer. 5.1 Upon execution of this Agreement, but prior to Closing, Buyer, its agents and representatives, shall have the right to enter the Property for the purpose of examining, inspecting, testing and surveying the subject property. Buyer shall have the obligation to notify and obtain permission to enter the Property from sublessee. In the event this Agreement is terminated for any reason other than on account of a default by the Sellers hereunder, the Buyer shall promptly thereafter deliver to Sellers an original or a copy of all tests, reports, documents, surveys, architectural plans, architectural
5.2 Buyer shall have the right to conduct, at its own cost and expense, Environmental Assessments as necessary to identify the existence of actual or potential sources of liability in the environment of the Premises. Sellers herein authorize Buyer, its agents and contractors to enter the Property for the purpose of conducting said Environmental Assessments and agree to provide Buyer with all information in Sellers’ possession or within Sellers’ knowledge, based on reasonable inquiry, concerning the Property’s prior use(s). Buyer will provide to Sellers, at no expense, a copy of the results of such Environmental Assessments, if performed. If, based upon information obtained from any assessment or any other information available, Buyer determines, within Buyer’s sole discretion, that Buyer is not willing to expose Buyer to the risk of the actual or potential liability of the environment of the Property, Buyer shall have the option of terminating this Agreement prior to Closing by giving written notice of its election to do so.
