Inspection; Limitations Sample Clauses

Inspection; Limitations. (a) Each Member (or any representative of such Member), from time to time, upon reasonable notice, shall have the right to inspect and duplicate (1) a copy of this Agreement and the Certificate and all amendments hereto and thereto, and (2) copies of the financial statements referred to in Section 7.2. To the maximum extent permitted by law, the above list constitutes the only Company records to which any Member qua member has a right to access. (b) Notwithstanding anything to the contract in the Act or this Agreement, and without limiting the generality of Section 7.4(a), to the maximum extent permitted by law, and pursuant to Section 18-305(g) of the Act, no Member shall have the right to access, inspect or duplicate, and no Member may access, inspect or duplicate: (1) the Schedule of Members, (2) any other Member’s Member Data, Commitments, Contributions, name, or address or (3) any other information about any other Member (collectively, the “Member Information”). (c) The Manager is hereby expressly granted the right, power and authority, pursuant to Section 18-305(g) of the Act, to expand the definition of Member Information and to restrict any right of any Member to obtain, inspect or otherwise access the same. (d) Each Member agrees that preserving the privacy of such Member’s Member Data and other personal or personally identifiable information from inspection by other Members is critical and of the essence of this Agreement and such Member’s decision to become a Member, and accordingly irrevocably agrees to and approves all of the provisions of this Section 6.4. To the maximum extent permitted by the Act and other applicable law, each Member hereby waives any right it may from time to time have, including pursuant to Section 18-305 of the Act, to obtain, inspect or otherwise access, directly or indirectly, any other Member’s Member Information, or any part thereof, from the Company.
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Inspection; Limitations. Government inspections and tests are for the sole benefit of the Government and do not: a) Relieve the Contractor of responsibility for providing adequate quality control measures b) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance c) Constitute or imply acceptance d) Affect the continuing rights of the Government after acceptance of completed work.
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Inspection; Limitations. The inspection is non-destructive. No dismantling will be performed by the inspector. Finished surfaces are not removed. The inspection is limited to discoverable evidence. Discoverable means any evidence which can be detected during a visual inspection. Disguised or concealed evidence is beyond the scope of this inspection. Chimney flues are excluded from this report. The inspector is not qualified to detect the presence of Chinese Drywall. Accordingly the issue of Chinese Drywall ( and its potential problems) is beyond the scope of the inspection report. Below grade plumbing cannot be examined. The active presence of vermin, due to their transitory occupancy in dwellings, cannot be determined during the inspection. The inspector is not required to put himself at risk. Any area deemed unsafe by the inspector will not be entered. Systems which appear unsafe will not be operated. The customer will be informed of all such cases. Roofs exceeding a single story above grade or not within one story of a lower accessible roof may require special equipment not included in the inspection fee to properly inspect. If specialized equipment is discovered to be necessary, the customer will be informed. The scope of the Building Inspection does not include environmental analysis beyond any radon or water sampling listed above. Environmental analysis specifically excluded from the inspection includes Indoor Air Quality, Mold, Asbestos Building Materials, Lead Paints, and Solders, and Oil tank Contamination. Evaluation of the building site is limited to drainage and other conditions which may affect the building structure and necessary site access and egress. Site-specific limitations discovered during the inspection may be made in the inspection report. The inspection report is the mutual property of the inspector and the client and shall not be used by or transferred to any other party without the written consent of both the inspector and the client.
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Inspection; Limitations. Section 326.4 does not establish a non-discretionary duty to inspect permitted activities for safety, sound engineering practices, or interference with other permitted or unpermitted structures or uses in the area. Further, the regulations imple- xxxxxxx the Corps regulatory program do not establish a non-discretionary duty to inspect permitted activities for any other purpose.
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Inspection; Limitations. The Inspector(s) can only inspect and report on specified visible and accessible elements of the house proper. The inspection is not intended to detect latent conditions or concealed defects. It will be performed according to the National Association of Certified Home inspection – a copy is available upon request. The inspection will not involve destructive testing and will not include code compliance, geological/soil investigation, engineering design/diagnosis, adequacy evaluation, material identification or related services. Any related services performed by the Inspector are subject to the terms and conditions of this agreement. The inspection is not intended to determine whether the property meets insurance coverage or mortgage eligibility requirements.
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Inspection; Limitations. The General Home Inspection services conducted by Reliable Home Inspections do not encompass technically exhaustive testing or investigative techniques, and are subject to the following limitations:
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Related to Inspection; Limitations

  • Tests and Inspections § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense. § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.

  • Inspection; Compliance with Law Lessor, Lessor's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lenders") shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times, for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with this Lease and all Applicable Requirements (as defined in Paragraph 6.3), and Lessor shall be entitled to employ experts and/or consultants in connection therewith to advise Lessor with respect to Lessee's activities, including but not limited to Lessee's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. The costs and expenses of any such inspections shall be paid by the party requesting same, unless a Default or Breach of this Lease by Lessee or a violation of Applicable Requirements or a contamination, caused or materially contributed to by Lessee, is found to exist or to be imminent, or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. In such case, Lessee shall upon request reimburse Lessor or Lessor's Lender, as the case may be, for the costs and expenses of such inspections.

  • Inspections The Servicer shall inspect the Mortgaged Property as often as deemed necessary by the Servicer in accordance with Accepted Servicing Practices to assure itself that the value of the Mortgaged Property is being preserved. In addition, if any Mortgage Loan is more than 45 days delinquent, the Servicer promptly shall inspect the Mortgaged Property and shall conduct subsequent inspections in accordance with Accepted Servicing Practices or as may be required by the primary mortgage guaranty insurer. Upon request, the Servicer shall produce an electronic report of each such inspection.

  • Response/Compliance with Audit or Inspection Findings A. Grantee must act to ensure its and its Subcontractors’ compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, inspection or investigation of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee’s or its Subcontractor's sole expense. Whether Xxxxxxx's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. C. Grantee shall include the requirement to provide to System Agency (and any of its duly authorized federal, state, or local authorities) internal audit reports related to this Grant Agreement in any Subcontract it awards. Upon request by System Agency, Grantee shall enforce this requirement against its Subcontractor. Further, Grantee shall include in any Subcontract it awards a requirement that all Subcontractor Subcontracts must also include these provisions.

  • Available Information; Reports; Inspection of Transfer Books The Company is subject to the periodic reporting requirements of the Exchange Act and, accordingly, is required to file or submit certain reports with the Commission. These reports can be retrieved from the Commission’s website (xxx.xxx.xxx) and can be inspected and copied at the public reference facilities maintained by the Commission located (as of the date of the Deposit Agreement) at 000 X Xxxxxx, X.X., Xxxxxxxxxx X.X. 00000. The Depositary shall make available for inspection by Holders at its Principal Office any reports and communications, including any proxy soliciting materials, received from the Company which are both (a) received by the Depositary, the Custodian, or the nominee of either of them as the holder of the Deposited Securities and (b) made generally available to the holders of such Deposited Securities by the Company. The Depositary shall also provide or make available to Holders copies of such reports when furnished by the Company pursuant to Section 5.6 of the Deposit Agreement. The Registrar shall keep books for the registration of ADSs which at all reasonable times shall be open for inspection by the Company and by the Holders of such ADSs, provided that such inspection shall not be, to the Registrar’s knowledge, for the purpose of communicating with Holders of such ADSs in the interest of a business or object other than the business of the Company or other than a matter related to the Deposit Agreement or the ADSs. The Registrar may close the transfer books with respect to the ADSs, at any time or from time to time, when deemed necessary or advisable by it in good faith in connection with the performance of its duties hereunder, or at the reasonable written request of the Company subject, in all cases, to paragraph (24) and Section 7.8 of the Deposit Agreement. Dated: CITIBANK, N.A. CITIBANK, N.A. Transfer Agent and Registrar as Depositary By: By: Authorized Signatory Authorized Signatory The address of the Principal Office of the Depositary is 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, X.X.X.

  • TESTING AND INSPECTION 6.1 Pre-Commercial Operation Date Testing and Modifications.

  • Inspection of Property; Books and Records; Discussions Keep proper books of records and account in which full, true and correct entries in conformity with GAAP and all Requirements of Law shall be made of all dealings and transactions in relation to its business and activities; and permit representatives of any Lender (upon reasonable advance notice coordinated through the Administrative Agent) to visit and inspect any of its properties and examine and make abstracts from any of its books and records at any reasonable time and as often as may reasonably be desired and to discuss the business, operations, properties and financial and other condition of the Borrower and its Subsidiaries with officers and employees of the Borrower and its Subsidiaries and with its independent certified public accountants.

  • Lessee's Compliance with Applicable Requirements Except as otherwise provided in this Lease, Lessee shall, at Lessee's sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultants which relate in any manner to the Premises, without regard to whether said requirements are now in effect or become effective after the Start Date. Lessee shall, within ten (10) days after receipt of Lessor's written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements.

  • Visits and Inspections Permit representatives of the Administrative Agent or any Lender, from time to time upon reasonable prior notice to visit and inspect its properties; inspect and make extracts from its books, records and files, including, but not limited to, management letters prepared by independent accountants; and discuss with its principal officers, and its independent accountants, its business, assets, liabilities, financial condition, results of operations and business prospects.

  • Visitation, Inspection, Etc The Borrower will, and will cause each of its Subsidiaries to, permit any representative of the Administrative Agent or any Lender, to visit and inspect its properties, to examine its books and records and to make copies and take extracts therefrom, and to discuss its affairs, finances and accounts with any of its officers and with its independent certified public accountants, all at such reasonable times and as often as the Administrative Agent or any Lender may reasonably request after reasonable prior notice to the Borrower.

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