Presumed Correct Sample Clauses

Presumed Correct. All quantity determinations shall be conclusively presumed to be correct from and after a date that is forty-five (45) days from the date that the applicable measurement, reading or gauging took place, unless during such forty-five (45) day period Customer objects to the quantity determination by delivering a written notice of objection to Enterprise. Customer may object to Enterprise’s determination of quantity when there is a Material Difference between Enterprise’s determination of quantity and the Independent Inspector’s determination of quantity. As used in this Exhibit “C”, Measurement Procedures, a “Material Difference” exists when the higher of Enterprise’s determination of quantity and the Independent Inspector’s determination of quantity exceeds the lower by an amount in excess of 0.5%. For the avoidance of doubt, it shall not be deemed a “Material Difference” if the two measurements differ by less than or equal to 0.5%, and in such event, Enterprise’s determination of the quantity shall govern.
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Related to Presumed Correct

  • No Material Misstatements None of the Underwriters shall have discovered and disclosed to the Company on or prior to such Closing Date that the Registration Statement or any amendment or supplement thereto contains an untrue statement of a fact which, in the opinion of counsel for the Underwriters, is material or omits to state any fact which, in the opinion of such counsel, is material and is required to be stated therein or is necessary to make the statements therein not misleading, or that the General Disclosure Package, any Issuer Free Writing Prospectus or the Prospectus or any amendment or supplement thereto contains an untrue statement of fact which, in the opinion of such counsel, is material or omits to state any fact which, in the opinion of such counsel, is material and is necessary in order to make the statements, in the light of the circumstances in which they were made, not misleading.

  • Material Contracts Section 3.20

  • Material An itemized list of all materials purchased and installed at the crossing location. If materials purchased are installed at multiple crossing locations, a notation must be made to identify the crossing location.

  • Payment for Material Completion The Contractor may request payment of the remaining contract balance, including retainage, less amounts credited the Owner or incurred as liquidated damages, and less amounts withheld for the Punchlist by reason of Minor Items or Permitted Incomplete Work (See Paragraph 6.5.3.2). Payment for Material Completion shall be made by a check payable jointly to the Contractor and Surety and shall be mailed to the Surety.

  • Incomplete Documents Neither Consulting Engineer/Architect, nor its subcontractors shall be responsible for errors or omissions in documents which are incomplete as a result of an early termination under this Section; Consulting Engineer/Architect having been deprived of the opportunity to complete such documents and certify them as ready for construction.

  • Material Agreements Neither the Borrower nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Borrower nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party, which default could reasonably be expected to have a Material Adverse Effect or (ii) any agreement or instrument evidencing or governing Indebtedness.

  • MATERIAL AND WORKMANSHIP A. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, article or process that, in the judgment of the OWNER, is equal to that named in the specifications, unless otherwise specifically provided in this Contract.

  • Inaccurate Documents Should any member have reason to believe that there are inaccuracies in documents contained in his/her personnel file, he/she may write a memorandum to the Deputy Chief of the Administrative Subdivision explaining the alleged inaccuracy. The Deputy Chief shall either remove the inaccurate document, or attach the member's memorandum to the document in the file and note thereon the Deputy Chief's concurrence or disagreement with the memorandum's contents. Any dispute regarding a document’s accuracy and/or its removal from the file shall be subject to the grievance procedure.

  • Authorization for Deductions The City shall deduct Association dues, initiation fees, premiums for insurance programs and political action fund contributions from an employee's pay upon receipt by the Controller of a form authorizing such deductions by the employee. The City shall pay over to the designated payee all sums so deducted. Upon request of the Association, the Controller agrees to meet with the Association to discuss and attempt to resolve issues pertaining to delivery of services relating to such deductions.

  • Disclosure Schedule The Company has delivered the Disclosure Schedule and, if applicable, the Disclosure Update to Treasury and the information contained in the Disclosure Schedule, as modified by the information contained in the Disclosure Update, if applicable, is true, complete and correct.

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