Inspection by Operator Sample Clauses

Inspection by Operator. (a) Subject to Clause 7.3(b), the Operator may, prior to the initial commencement of Train Services, at its cost and risk, inspect the Infrastructure and circumstances surrounding the Infrastructure comprising the Nominated Network including, but not limited to, fencing and level crossing protection in order to satisfy itself as to the standard of the Infrastructure and assess the operational, environmental and safety risks associated with operation of Train Services on the Infrastructure. (b) Any inspection by the Operator under Clause 7.3(a) shall be subject to: (i) the Operator providing reasonable written notice to Aurizon Network of its requirement to inspect the Infrastructure and conducting that inspection at reasonable times; (ii) any such inspection being conducted in the presence of a representative of Aurizon Network; and (iii) such other reasonable conditions as may be imposed by Aurizon Network on such inspection including, but not limited to, compliance with Aurizon Network’s Safeworking Procedures and Safety Standards, and shall be conducted in such a manner as to not cause any disruption to any Train Movements or to the undertaking of Maintenance Work or Enhancements.

Inspection by Operator. Operator shall have the right to inspect and reject for any valid cause any items furnished by Contractor and Contractor, shall replace or repair at its sole expense such items so rejected with items free of defects, to the satisfaction of Operator.

Inspection by Operator. Operator enters into this contract after and in reliance upon his own full and complete examination of the forest products to be removed, and not by reason of any representation as to their merchantability, specific attributes or otherwise, made by Owner.

Inspection by Operator. The Parties agree to the following pre-Construction Completion cooperative procedures: (a) At least fifteen (15) days prior to scheduled commencement of the Project Co Commissioning Work on the ▇▇▇▇▇ ▇▇▇▇▇▇ OMF Part B and the remaining Project Work, respectively, Operator shall be afforded the access and opportunity to inspect the relevant Infrastructure and to attend at and observe all Project Co Commissioning activities to satisfy itself that the Infrastructure will permit Operator to satisfy the OM&R Obligations (the “OM&R Infrastructure Requirements”). (b) At least ten (10) days prior to the Phase 1 Construction Completion Date and the Construction Completion Date (as applicable), Operator shall notify the City and Project Co in writing whether its inspection has revealed any Deficiencies or non-compliance with the OM&R Infrastructure Requirements. Such written notice will set out any Deficiencies or non-compliance with the OM&R Infrastructure Requirements identified by Operator in the course of its inspection. Such notice will not constitute acceptance by Operator of the Infrastructure. If the City agrees that any of the items identified by Operator constitute Deficiencies, the City shall notify Project Co to that effect and Project Co will be required to correct or remedy same in accordance with Project Co’s obligation to perform Warranty Work pursuant to the Project Agreement. (c) Under no circumstances shall Operator’s actions under this Section 3.7 [Inspection by Operator] (including the failure to note Deficiencies or non-compliance with the OM&R Infrastructure Requirements) be construed to imply that Operator has assumed any obligation or liability with respect to the design, construction or commissioning of the Infrastructure, nor shall any such actions or failure to note deficiencies derogate from Project Co’s obligation to design, construct and commission the Infrastructure in accordance with the Project Requirements.

Inspection by Operator. User agrees to permit Operator or an authorized agent to inspect the Aircraft at any reasonable time and to furnish any information in respect to the Aircraft and its use that Operator may reasonably request. Operator shall, at its own expense, at all times during the Term of this Agreement, inspect the Aircraft or cause the Aircraft to be inspected so as to keep the Aircraft currently certified as airworthy and in good and safe order, repair and condition in accordance with the Federal Aviation Administration (“FAA”), Department of Transportation and any other governmental authority, domestic or foreign, having jurisdiction therefor.