Plant Records Sample Clauses

Plant Records. The Company agrees to provide the Locate Service Provider with any Plant Records and may provide the Locate Services Provider with any Locate Tools particularized in the Manual to assist the Locate Service Provider with the performance of the Service. The Locate Service Provider acknowledges that the Company may establish from time to time Technical Requirements for the performance of the Service, including but not limited to the accessing of the Plant Records and the use of the Locate Tools. Notwithstanding any provision to the contrary in this Agreement, the Locate Service Provider acknowledges and agrees that the Plant Records and Locate Tools, if applicable, are provided “AS IS” and the Company makes no representation or warranty of any kind or nature, either expressed or implied, regarding the Plant Records and Locate Tools, including but not limited to as to their accuracy, fitness for any purpose, applicability, operation, functioning, inter-operability, completeness, availability, or non-infringement. The Company hereby disclaims and the Locate Service Provider hereby waives any obligation, liability, right, claim or demand in either contract or tort arising either directly or indirectly from the Locate Service Provider’s use of the Plant Records or the Locate Tools. The Locate Service Provider further acknowledges and agrees that the provision of the Plant Records or the Locate Tools by the Company does not in any way either limit or amend the Locate Service Provider's requirement to complete the Service in accordance with the terms and conditions of this Agreement. Further, for purposes of clarification, the requirement to complete the Service in accordance with the terms and conditions of this Agreement is in no way conditional or dependent upon the provision of the Plant Records or the Locate Tools. In the event that the Locate Service Provider becomes aware of any error, omission or discrepancy in the Plant Records, the Locate Service Provider shall promptly advise the Company of any such error, omission or discrepancy and adhere to the Company’s record updating process as outlined in the Manual.
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Plant Records. Without limiting any other provision of this Agreement or this Section, the Locate Services Provider acknowledges and agrees that the City owns Plant Records and that, (i) all such intellectual property is City Confidential Information, (ii) the Locate Services Provider shall comply with the terms of such intellectual property of which it is made aware and will indemnify and hold harmless the City in accordance with the provisions of Section 12.1 (Indemnity and Defence) for any breach of such end user agreements; and (iii) while the Locate Services Provider has limited rights to use such intellectual property during the Agreement Term in connection with the performance of the Locate Services all rights thereto shall immediately terminate on the termination or expiration of this Agreement for any reason whatsoever. The Locate Services Provider acknowledges and agrees that any use of Plant Records other than in accordance with this Agreement in connection with the performance of the Locate Services or any assignment or attempted or purported assignment of any of its rights with respect to the Plant Records may result in the immediate and automatic termination of this Agreement, in the City’s sole discretion.
Plant Records. Without limiting any other provision of this Agreement or this Section, the Locate Service Provider acknowledges and agrees that the Town owns Plant Records and that, (i) all such intellectual property is Town Confidential Information, (ii) the Locate Service Provider shall comply with the terms of such intellectual property of which it is made aware and will indemnify and hold harmless the Town in accordance with the provisions of Section 12.1 (Indemnity and Defence) for any breach of such end user agreements; and

Related to Plant Records

  • Client Records 25.2.1 CONTRACTOR shall prepare and maintain accurate and 26 complete records of clients served and dates and type of services provided 27 under the terms of this Agreement in a form acceptable to ADMINISTRATOR.

  • Student Records The School shall maintain student records for current and former students in accordance with the requirements of State and federal law, including the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g, as may be amended from time to time.

  • Patient Records Upon termination of this Agreement, the New PC shall retain all patient dental records maintained by the New PC or the MSO in the name of the New PC. During the term of this Agreement, and thereafter, the New PC or its designee shall have reasonable access during normal business hours to the New PC's and the MSO's records, including, but not limited to, records of collections, expenses and disbursements as kept by the MSO in performing the MSO's obligations under this Agreement, and the New PC may copy any or all such records.

  • Project Records Borrower shall: Make and keep books, records, and accounts, in such reasonable detail, so as to fully, accurately, and fairly reflect the activities of Borrower. Record the Project’s assets, liabilities, revenues, expenses, receipts and disbursements in separate accounts from any other assets, liabilities, revenues, expenses, receipts and disbursements of Borrower so as to permit the production of a Statement of Financial Position, a Statement of Profit and Loss (Statement of Activities), and a Statement of Cash Flows for Borrower in which the activities of Borrower are separately identifiable from the activities of the Operator, unless Borrower is also Operator. Devise and maintain a system of internal accounting controls sufficient to provide reasonable assurances that: Transactions are executed, and access to assets is permitted, only in accordance with Xxxxxxxx’s authorization; Transactions are accurately and timely recorded to permit the preparation of quarterly and annual financial reports in conformity with applicable Program Obligations; Transactions are timely recorded in sufficient detail so as to permit an efficient audit of the Borrower’s books and records in accordance with Generally Accepted Auditing Standards (GAAS), Generally Accepted Government Auditing Standards (GAGAS), and other applicable Program Obligations; and Transactions are timely recorded in sufficient detail so as to maintain accountability of the Borrower’s assets. The recorded accountability for assets shall be compared with the existing assets at reasonable intervals, but not less than annually, and appropriate action shall be taken with respect to any differences. Make the books, records and accounts of Borrower available for inspection by HUD or its authorized representatives, after reasonable prior notice, during normal business hours, at the Project or other mutually agreeable location or, at HUD’s request, shall provide legible copies of such documents to HUD or its authorized representatives within a reasonable time after HUD or its authorized representative makes a request for such documents. Include as a requirement in any operating or management contract that the books, records, and accounts of any agent of Borrower, as they pertain to the operations of the Project, shall be kept in accordance with the requirements of this Section 19 and be available for examination by HUD or its authorized representatives after reasonable prior notice during customary business hours at the Project or other mutually agreeable location or, at HUD’s request, the Management Agent shall provide legible copies of such documents to HUD or its authorized representatives within a reasonable time after HUD or its authorized representative makes the request.

  • Files and Records Within thirty (30) business days following the Closing Date, Seller shall deliver to Purchaser at Purchaser’s expense the Records, to the extent not previously delivered. For a period of seven (7) years after the Closing Date, Purchaser shall maintain the Records, and Seller shall have access thereto during normal business hours upon advance written notice to Purchaser to audit the same in connection with federal, state or local regulatory or tax matters, resolution of existing disputes or contract compliance matters affecting Seller.

  • Audits and Records 7.5.1 The Contractor agrees that the representatives of the Office of the City Auditor or other authorized representatives of the City shall have access to, and the right to audit, examine, or reproduce, any and all records of the Contractor related to the performance under this Contract. The Contractor shall retain all such records for a period of three (3) years after final payment on this Contract or until all audit and litigation matters that the City has brought to the attention of the Contractor are resolved, whichever is longer. The Contractor agrees to refund to the City any overpayments disclosed by any such audit.

  • Account Records Permanent Mortgage Loan account records must be maintained by the Servicer for each Mortgage Loan. Each account record must be identifiable by the Servicer Loan Number.

  • Business Records Keep adequate records and books of account with respect to Borrower’s business activities in which proper entries are made in accordance with sound bookkeeping practices reflecting all financial transactions of Borrower.

  • Property Records Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. Properties retained shall continue to meet eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform to federal and State regulations.

  • Landlord’s Books and Records Within one hundred twenty (120) days after receipt by Tenant of a Statement, if Tenant disputes the amount of Additional Rent set forth in the Statement, a member of Tenant’s finance department, or an independent certified public accountant (which accountant is a member of a nationally recognized accounting firm and is not working on a contingency fee basis) (“Tenant’s Accountant”), designated and paid for by Tenant, may, after reasonable notice to Landlord and at reasonable times, inspect Landlord’s records with respect to the Statement at Landlord’s offices, provided that there is no existing Event of Default and Tenant has paid all amounts required to be paid under the applicable Estimate Statement and Statement, as the case may be. In connection with such inspection, Tenant and Tenant’s agents must agree in advance to follow Landlord’s reasonable rules and procedures regarding inspections of Landlord’s records, and shall execute a commercially reasonable confidentiality agreement regarding such inspection. Tenant’s failure to dispute the amount of Additional Rent set forth in any Statement within one hundred twenty (120) days of Tenant’s receipt of such Statement shall be deemed to be Tenant’s approval of such Statement and Tenant, thereafter, waives the right or ability to dispute the amounts set forth in such Statement. If after such inspection, Tenant still disputes such Additional Rent, a determination as to the proper amount shall be made, at Tenant’s expense, by an independent certified public accountant (the “Accountant”) selected by Landlord and subject to Tenant’s reasonable approval; provided that if such Accountant determines that Direct Expenses were overstated by more than five percent (5%), then the cost of the Accountant and the cost of such determination shall be paid for by Landlord, and Landlord shall reimburse Tenant’s the cost of the Tenant’s Accountant (provided that such cost shall be a reasonable market cost for such services). Tenant hereby acknowledges that Tenant’s sole right to inspect Landlord’s books and records and to contest the amount of Direct Expenses payable by Tenant shall be as set forth in this Section 4.6, and Tenant hereby waives any and all other rights pursuant to applicable law to inspect such books and records and/or to contest the amount of Direct Expenses payable by Tenant.

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