Limitations of the assessment Sample Clauses

Limitations of the assessment. It is important to acknowledge PERF’s role and limitations in reviewing individual incidents of misconduct. The purpose of this study was to review the policies and procedures of the police department that help prevent or address officer misconduct. While PERF reviewed a sample of specific misconduct cases, the mission was not to investigate or reevaluate individual cases, or to address individual grievances, but to focus on the broader issues and provide recommendations that will ultimately help to improve the police department. PERF did not conduct a review of the quality of other internal investigation cases. National implications PERF believes that this report has national implications, because many cities and towns of all sizes have experi- enced significant incidents of police misconduct.18 The goal of this project is to provide recommendations that can be useful to police executives and agencies across the nation, not only in San Diego. Accountability and discipline are important issues that confront every police executive. Organization of this report Chapter 2 of this report describes the methodology PERF used to conduct this assessment and the findings from the misconduct case reviews. Chapter 3 describes the issues raised during stakeholder interviews and at the open-forum community meetings. Chapters 4 through 7 provide detail on the SDPD’s practices as well as findings and recommendations in each of the assessment’s focus areas. The conclusion provides a summary of all of the report’s findings and recommendations. An update on the SDPD’s progress in adopting these recom- mendations and its next steps to prevent misconduct in the future are provided.
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Limitations of the assessment. The Phase I ESA was prepared in general accordance with the methods and procedures described in the ASTM “Standard Practice for Site Assessments: Phase I Environmental Site Assessment Process” (E 1527-00 as currently amended). The work conducted by URS is limited to the services agreed to with Mr. Gxxxxx Xxxxx of UST Inc., and no other services beyond those explicitly stated should be inferred or are implied. URS’ Phase I ESA is limited to: visual observations of Site conditions on the day inspected; review of readily available and relevant data; and, statements made and information provided by the client, his agents, outside parties, and regulatory agencies. URS has exercised due and customary care in the conduct of its assessment, but in cases where it was not reasonably ascertainable, information provided by others was not independently verified. The Phase I ESA is a limited and non-exhaustive Phase I Environmental Site Assessment 100 Xxxx Xxxxxx Xxxxxx, Greenwich, CT URS Corporation AES 2 October 20, 2006 survey that is intended to evaluate whether readily available information indicates that the historic or current use of the subject property resulted in contamination by hazardous substances or waste. As a result, without a comprehensive sampling and analysis program or implementation of services beyond the original scope of work, certain conditions, including, but not limited to those summarized below, may not be revealed: • Naturally occurring toxic substances or elements found in the subsurface soils, rocks, or water; • Toxic substances commonly found in current habitable environments, such as stored household products, building materials, and consumables; • Biological or infectious agents and pathogens; • Contaminant plumes (liquid or gaseous) below the surface from a remote or unknown source; • Contaminants or conditions that do not violate current regulatory standards, but may violate such standards in the future; and, • Unknown, unreported, and not readily visible site contamination. This report has been prepared for UST Inc. and it should be emphasized that conditions at the subject property can change over time. The use of this report by third parties shall be at their own risk. This report is intended to be used in its entirety, and no excerpts may be taken to be representative of the findings of this assessment. Phase I Environmental Site Assessment 100 Xxxx Xxxxxx Xxxxxx, Greenwich, CT URS Corporation AES 3 October 20, 2006

Related to Limitations of the assessment

  • REPRESENTATIONS OF THE ASSIGNOR; LIMITATIONS ON THE ASSIGNOR'S LIABILITY The Assignor represents and warrants that (i) it is the legal and beneficial owner of the interest being assigned by it hereunder, (ii) such interest is free and clear of any adverse claim created by the Assignor and (iii) the execution and delivery of this Assignment Agreement by the Assignor is duly authorized. It is understood and agreed that the assignment and assumption hereunder are made without recourse to the Assignor and that the Assignor makes no other representation or warranty of any kind to the Assignee. Neither the Assignor nor any of its officers, directors, employees, agents or attorneys shall be responsible for (i) the due execution, legality, validity, enforceability, genuineness, sufficiency or collectability of any Loan Document, including without limitation, documents granting the Assignor and the other Lenders a security interest in assets of the Borrower or any guarantor, (ii) any representation, warranty or statement made in or in connection with any of the Loan Documents, (iii) the financial condition or creditworthiness of the Borrower or any guarantor, (iv) the performance of or compliance with any of the terms or provisions of any of the Loan Documents, (v) inspecting any of the property, books or records of the Borrower, (vi) the validity, enforceability, perfection, priority, condition, value or sufficiency of any collateral securing or purporting to secure the Loans or (vii) any mistake, error of judgment, or action taken or omitted to be taken in connection with the Loans or the Loan Documents.

  • CONDITIONS OF LIMITATION 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then, Landlord, (a) at any time after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for ninety (90) days, Landlord may give Tenant a notice of intention to end the term of this lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 27.

  • REPRESENTATIONS OF THE TRUST The Trust certifies to Ultimus that: (1) as of the close of business on the Effective Date, each Portfolio that is in existence as of the Effective Date has authorized unlimited shares, and (2) this Agreement has been duly authorized by the Trust and, when executed and delivered by the Trust, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.

  • Conditions of U S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

  • Limitations of Actions No lawsuit relating to this Agreement may be filed before a written claim is filed with the Administrator and is denied or deemed denied as provided in the Plan and any lawsuit must be filed within one year of such denial or deemed denial or be forever barred.

  • Representations of the Parties Each party hereto hereby further represents and warrants to the other that: (i) it is registered as an investment adviser under the Advisers Act and is registered or licensed as an investment adviser under the laws of all jurisdictions in which its activities require it to be so registered or licensed; and (ii) it will use its reasonable best efforts to maintain each such registration or license in effect at all times during the term of this Agreement; and (iii) it will promptly notify the other if it ceases to be so registered, if its registration is suspended for any reason, or if it is notified by any regulatory organization or court of competent jurisdiction that it should show cause why its registration should not be suspended or terminated; and (iv) it is duly authorized to enter into this Agreement and to perform its obligations hereunder. The Sub-Adviser further represents that it has adopted a written Code of Ethics in compliance with Rule 17j-1(b) of the ICA. The Sub-Adviser shall be subject to such Code of Ethics and shall not be subject to any other Code of Ethics, including the Investment Manager's Code of Ethics, unless specifically adopted by the Sub-Adviser. The Investment Manager further represents and warrants to the Sub-Adviser that (i) the appointment of the Sub-Adviser by the Investment Manager has been duly authorized and (ii) it has acted and will continue to act in connection with the transactions contemplated hereby, and the transactions contemplated hereby are, in conformity with the ICA, the Company's governing documents and other applicable law.

  • Representations of the Adviser The Adviser represents, warrants and agrees that:

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