Investigation Rights. Prior to any proposed investigation of grievances, the department xxxxxxx shall obtain permission from their own supervisor and the grievant’s supervisor, which will be granted unless the xxxxxxx or grievant is working on something that requires their immediate attention. If permission cannot be immediately granted, the City will arrange to allow investigation of the grievance within three (3) days. Supervisory permission shall be given verbally to department stewards provided that verbal authorization ensures adequate controls; otherwise, written permission will be required. If it becomes necessary for a department xxxxxxx to receive written permission, the City will provide a form which will be used for this purpose. Through the course of conducting an investigation, should it become necessary for the Union to obtain video/audio/digital data in order to determine whether a grievance may be properly presented under this Article, the Union shall submit a written request specifying dates and times of the data requested and the relevance of the request in relation to a specific grievance. Where such data would assist the Union in determining whether a grievance may be properly presented, the City will coordinate a time and place for the Union to review available data in a timely manner within the grievance process. If a request is denied, the City shall submit a written response and rationale for denying the request within five (5) days of receiving the Union’s request.
Investigation Rights. From the Agreement Date until such time as this Agreement is either settled or terminated, the Distributees, the Distributees’ authorized agents, employees, consultants, architects, engineers and contractors, as well as others authorized by the Distributees, shall have access to the Property and shall be entitled to enter upon the Property and make such surveying, architectural, engineering, topographical, geological, soil, subsurface, environmental, water drainage, traffic, and other studies related to the availability of water, sewer, natural gas, and other utility services in sufficient quantities to meet the Distributees’ requirements and such other investigations, inspections, evaluations, studies, tests and measurements (collectively, the “Investigations”) as the Distributees deem necessary or advisable. Provided, however, the Distributees’ rights hereunder to conduct Investigations shall be subject to the following requirements and limitations: (i) any entry upon the Property by the Distributees, the Distributees’ authorized agents and employees, as well as others authorized by the Distributees shall require at least twenty-four (24) hours advance notice to Highwoods of the date and time of the entry and the specific Investigations to be conducted in connection with the entry, (ii) the Investigations shall not result in any adverse change to the physical characteristics of the Property (and the Distributees shall be obligated to completely repair and restore any damage to the Property resulting from the Investigations), and (iii) the Investigations will not substantially or adversely interfere with the rights of the tenant in the Building to use and enjoy its leased space therein according to its Lease thereof. The Distributees agree to indemnify and hold Highwoods harmless from and against any and all claims, costs, expenses, and liabilities, including reasonable attorneys’ fees, arising out of claims for injury, including death, to persons or physical injury to property resulting from the Investigations (hereinafter the “The Distributees’ Continuing Indemnification Obligations”); provided, however, the Distributees shall not be obligated to indemnify Highwoods from and against any claims, costs, expenses, and liabilities caused by or arising out of the acts or omissions of Highwoods or Highwoods’ employees, representatives or agents, or from the presence or release of Hazardous Substances (as defined in Section 5(c) herein) not introduced onto the...
Investigation Rights. The Committee (to the extent one is appointed) shall have a maximum of thirty (30) calendar days from the date of the Committee’s appointment, but in no event later than sixty (60) calendar days from entry of the Interim Order (the “Investigation Period”) to investigate and commence an adversary proceeding or contested matter, as required by the applicable Federal Rules of Bankruptcy Procedure, and challenge (each, a “Challenge”) the findings, the Debtors’ stipulations, or any other stipulations contained in the Orders, including, without limitation, any challenge to the extent, validity, priority or enforceability of the liens securing the obligations under the Prepetition Loan Documents, or to assert any claim or cause of action against the Prepetition Lender arising under or in connection with the Prepetition Loan Documents or the Prepetition Obligations, as the case may be, whether in the nature of a setoff, counterclaim or defense of Prepetition Obligations, or otherwise. The Investigation Period may only be extended with the prior written consent of counsel to the DIP Lender, as memorialized in an order of the Bankruptcy Court. Except to the extent asserted in an adversary proceeding or contested matter filed during the Investigation Period, upon the expiration of such applicable Investigation Period (to the extent not otherwise waived or barred), (i) any and all Challenges or potential challenges shall be deemed to be forever waived and barred; (ii) all of the agreements, waivers, releases, affirmations, acknowledgements and stipulations contained in the Orders shall be irrevocably and forever binding on the Debtors, the Committee and all parties-in-interest and any and all successors-in-interest as to any of the foregoing, including any Chapter 7 Trustee, without further action by any party or the Bankruptcy Court; (iii) the Prepetition Obligations shall be deemed to be finally allowed and the Prepetition Credit Agreement Liens shall be deemed to constitute valid, binding and enforceable encumbrances, and not subject to avoidance pursuant to the Bankruptcy Code or applicable non-bankruptcy law; and (iv) the Debtors shall be deemed to have released, waived and discharged the Released Parties from any and all claims and causes of action arising out of, based upon or related to, in whole or in part, the Prepetition Obligations. Notwithstanding anything to the contrary herein: (x) if any Challenge is timely commenced, the stipulations contained in the ...
Investigation Rights. The Employer shall inform the employee of their rights under 5 USC 7114 (a)(2)(B) prior to any examination of the employee in connection with an investigation if the Employer reasonably believes that the examination may result in disciplinary action against the employee. Failure to notify the employee shall not be construed as harmful error.
Investigation Rights. Prior to any proposed investigation of grievances, the department xxxxxxx shall obtain permission from their own supervisor and the grievant’s supervisor, which will be granted unless the xxxxxxx or grievant is working on something that requires their immediate attention. If permission cannot be immediately granted, the City will arrange to allow investigation of the grievance within three days. Supervisory permission shall be given verbally to department stewards provided that verbal authorization ensures adequate controls; otherwise, written permission will be required. If it becomes necessary for a department xxxxxxx to receive written permission, the City will provide a form which will be used for this purpose.
Investigation Rights. All employees represented by the Association shall be afforded the rights conferred upon public safety officers as set forth in Government Code Section 3300, et seq.
Investigation Rights. The Committee shall have a maximum of sixty (60) days from the date of its appointment, but in no event later than seventy-five (75) days from the Petition Date, and in the event no Committee is appointed, all non-debtor parties-in-interest (including a trustee, if appointed or elected prior to the Investigation Termination Date, as
Investigation Rights. From the Agreement Date until such time as this Agreement is either settled or terminated, GT Gateway, GT Gateway’s authorized agents, employees, consultants, architects, engineers and contractors, as well as others authorized by GT Gateway, shall have access to the Property and shall be entitled to enter upon the Property and make such surveying, architectural, engineering, topographical, geological, soil, subsurface, environmental, water drainage, traffic, and other studies related to the availability of water, sewer, natural gas, and other utility services in sufficient quantities to meet GT Gateway’s requirements and such other investigations, inspections, evaluations, studies, tests and measurements (collectively, the “Investigations”) as GT Gateway deems necessary or advisable. Provided, however, GT Gateway’s rights hereunder to conduct Investigations shall be subject to the following requirements and limitations: (i) any entry upon the Property by GT Gateway, GT Gateway’s authorized agents and employees, as well as others authorized by GT Gateway shall require at least twenty-four (24) hours advance notice to Highwoods of the date and time of the entry and the specific Investigations to be conducted in connection with the entry, (ii) the Investigations shall not result in any adverse change to the physical characteristics of the Property (and GT Gateway shall be obligated to completely repair and restore any damage to the Property resulting from the Investigations), and (iii) the Investigations will not substantially or adversely interfere with the rights of the tenant in the Building to use and enjoy its leased space therein according to its Lease thereof. GT Gateway agrees to indemnify and hold Highwoods harmless from and against any and all claims, costs, expenses, and liabilities, including reasonable attorneys’ fees, arising out of claims for injury, including death, to persons or physical injury to property resulting from the Investigations (hereinafter the “GT Gateway’s Continuing Indemnification Obligations”); provided, however, GT Gateway shall not be obligated to indemnify Highwoods from and against any claims, costs, expenses, and liabilities caused by or arising out of the acts or omissions of Highwoods or Highwoods’ employees, representatives or agents, or from the presence or release of Hazardous Substances (as defined in Section 5(c) herein) not introduced onto the Property by GT Gateway or GT Gateway’s authorized agents and employees...
Investigation Rights. For a period of sixty (60) days from the Effective Date (the “Investigation Period”), Englewood or its agents shall have the right to (i) inspect the Property during normal business hours (which investigation may include, without limitation, soil borings, environmental and radon testing) and all matters relating thereto; and (ii) examine any documents and information delivered by Seller to Englewood concerning the Property. Within fourteen (14) days after the Effective Date, Seller shall deliver promptly to Englewood copies of all reports, inspections, studies, surveys, records, agreements, permits and other documents concerning the Property in Seller’s possession. At any time prior to the last day of the Investigation Period, Englewood may terminate this Agreement by giving Seller notice that Englewood is not satisfied with the Property or any aspect thereof in Englewood’s sole judgment. Upon termination of this Agreement by such notice, this Agreement shall terminate, and the Parties shall be relieved of any further obligation under this Agreement except those items that survive Closing or termination.
