No Duty to Inspect. Bank will not inspect any Check, OCR document, or Charge authorizations or other accompanying document for any writing from Company’s remitters (such as “paid in full,” “final payment” or words of similar meaning), and Bank will not be responsible for taking (or failing to take) any action based upon any such writing.
No Duty to Inspect. Lessor shall not have a duty to make any such inspection nor shall it incur any liability or obligation by reason of making or not making any such inspection.
No Duty to Inspect. BUYER shall be under no obligation to undertake such inspection and BUYER's inspection or failure to inspect the Product or SELLER'S facilities used to process the Product shall not affect or release SELLER from any of its obligations provided herein. None of the obligations of SELLER with respect to the Product shall be affected or released by BUYER's acceptance of delivery of Product or by any inspection thereof or by payment therefore.
No Duty to Inspect. CALTRANS will have no duty to inspect or maintain any land, buildings, or other structures that are owned or controlled by LESSEE during the TERM of this LEASE; however, CALTRANS will have the right, under the terms described in Section 6 of this LEASE, to enter the PROPERTY for purposes of inspection, including conducting an environmental assessment if CALTRANS has reason to believe that a legal violation exists on the PROPERTY. Such assessment may include but would not be limited to: surveying; sampling of building materials, soil, and groundwater; monitoring well installations; soil excavation; groundwater remediation; emergency asbestos abatement; and any other action that might be required by applicable law or commercially reasonable industry practice. CALTRANS’ right of entry will not obligate inspection of the PROPERTY by CALTRANS, nor will it relieve LESSEE of its duty to maintain the PROPERTY. Any such inspection by CALTRANS will not affect LESSEE’s use and operation of the PRIVATE RAIL LINE in any material respect (with it being understood that it is material for LESSEE to be able to operate, maintain, and improve the PRIVATE RAIL LINE in a safe and continuous manner in order to deliver uninterrupted service to its passengers.)
No Duty to Inspect. It is expressly understood and agreed that Administrative Agent shall have no duty to supervise or to inspect the construction of the TI/LC Work or any books and records of any party or firm, and that any such inspection shall be for the sole purposes of determining whether or not in Administrative Agent’s reasonable discretion the obligations of Borrower under this Agreement are being properly discharged and of preserving Administrative Agent’s rights hereunder. The results of any inspection shall not constitute an acknowledgment or representation by Administrative Agent that there has been or will be compliance with the terms of a Lease to the extent required pursuant to the terms of this Agreement or that the construction is free from defective materials or workmanship, nor shall it constitute a waiver of Administrative Agent’s rights hereunder. Administrative Agent’s failure to inspect the construction of the TI/LC Work or any part thereof or any books and records shall not constitute a waiver of any of Administrative Agent’s rights hereunder. Neither Borrower nor any third party shall be entitled to rely upon any such inspection or review. Administrative Agent owes no duty of care to Borrower or any third person to protect against, or inform Borrower or any third person of the existence of, negligent, faulty, inadequate or defective design or construction of the TI/LC Work.
No Duty to Inspect. It is expressly understood and agreed that Lender ------------------ shall have no duty to supervise or to inspect the construction of the Improvements or any books and records of any party or firm, and that any such inspection shall be for the sole purposes of determining whether or not the Obligations of Borrower under this Agreement are being properly discharged and of preserving Lender's rights hereunder. If Lender, or the Independent Inspecting Architect acting on behalf of Lender, should inspect the construction of the Improvements or any books and records, Lender and the Independent Inspecting Architect shall have no liability or obligation to Borrower or any third party arising out of such inspection. Inspection not followed by notice of default shall not constitute an acknowledgment or representation by Lender and the Independent Inspecting Architect that there has been or will be compliance with the Plans or that the construction is free from defective materials or workmanship nor shall it constitute a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the Plans. Lender's failure to inspect the construction of the Improvements or any part thereof or any books and records shall not constitute a waiver of any of Lender's rights hereunder. Neither Borrower nor any third party shall be entitled to rely upon any such inspection or review. Lender and the Independent Inspecting Architect owe no duty of care to Borrower or any third person to protect against, or inform Borrower or any third person of the existence of, negligent, faulty, inadequate or defective design or construction of the Improvements.
No Duty to Inspect. 71 SECTION 21. WAIVER........................................................... 71 21.1 Waiver........................................................... 71 21.2 Delay............................................................ 71
No Duty to Inspect. Administrative Agent shall have no duty to supervise or inspect any construction or to inspect any books and records; any inspection by Administrative Agent shall be for the sole purpose of protecting Administrative Agent's security and preserving the rights of Administrative Agent, Documentation and Syndication Agent and the Banks hereunder. Failure by Administrative Agent to inspect any work shall not constitute a waiver of any of Administrative Agent's rights hereunder. Inspection not followed by notice of an Event of Default shall not constitute a waiver of any Event of Default then existing. Any inspection by Administrative Agent shall not be a representation by Administrative Agent that there has been or will be compliance with the Plans and Specifications or that the construction is free from defective materials or workmanship, nor shall any inspection by Administrative Agent constitute approval of any certification given to Administrative Agent or relieve any person making such certification of responsibility therefor.
No Duty to Inspect. Borrower and Lender agree that Lender has no duty to visit, examine, inspect, investigate, test, audit or observe the Security Property, and no site visit, examination, inspection, investigation, test, audit or observation conducted by Lender or Lender’s agents, employees, representatives, consultants or independent contractors shall impose any liability on any of Lender or Lender’s agents, employees, representatives, consultants or independent contractors. Lender shall make reasonable efforts to avoid interfering with Borrower’s and the Tenants’ use of the Security Property in exercising any rights provided in this Section 4.7. Neither Borrower nor any other Person is entitled to rely on any site visit, examination, inspection, investigation, test, audit, observation by any of Lender or Lender’s agents, employees, representatives, consultants or independent contractors. Neither Lender nor Lender’s agents, employees, representatives, consultants nor contractors owe any duty of care to protect Borrower or any other Person against, or to inform Borrower or any other Person of, any condition affecting the Security Property.
No Duty to Inspect. For purposes of assuring compliance with this Agreement, representatives of the CITY shall have reasonable right of access to the Property to inspect all work, materials, material invoices and other relevant data pertaining to the development of the Project and maintenance and operation of the Project. CITY shall not have any affirmative duty to make any inspection, to make any investigation, or to supervise or inform DEVELOPER or any third party as to any aspect of the project development and shall not incur any liability for failing to do so. Any inspection, investigation, or review undertaken by CITY shall be solely to determine whether DEVELOPER is properly discharging its obligations to CITY and may not be relied upon by DEVELOPER or any third party. Once having undertaken any such inspection, investigation or review, CITY shall not incur any liability for failing to do so properly or for failing to complete the same. CITY owes no duty of care to DEVELOPER or any third party to protect against, or to inform DEVELOPER or any third party of any negligent, faulty, inadequate or defective design or construction of the Project.
