Property Access/Testing Sample Clauses

Property Access/Testing. During the Inspection Period, Seller shall allow Buyer, and Buyer’s agents, reasonable access to the Real Property without charge and at all reasonable times for the purpose of Buyer’s investigation and testing the same (“Tests”), but subject to the rights of tenants under Leases; provided, however, Buyer will not conduct any invasive testing without first notifying Seller. At Seller’s option, a representative of Seller may accompany Buyer and Buyer’s agents during on-site investigations, and tests. Buyer shall promptly provide Seller with copies of any reports, letters or other written information generated by any third party consultants retained by Buyer. Seller shall make available to Buyer and Buyer’s agents without charge all plans and specifications, inventories, permits and correspondence in Seller’s possession relating to hazardous substances and all other matters affecting the Property in accordance with Section 4.3 below; and the right to interview employees of Seller who may have knowledge of such matters. Buyer shall pay all costs and expenses of such Tests and shall indemnify and hold Seller and the Real Property harmless from all costs, liens, claims, and expenses (including reasonable attorneys’ fees) and liabilities relating to Buyer’s activities under this Section. Notwithstanding any provision to the contrary in this Agreement, the indemnity and other obligations of Buyer under this Section 4 shall survive any termination of this Agreement or the delivery of the Deed (as defined below) and the transfer of title pursuant to this Agreement. Buyer shall immediately repair and restore any damage to the Property caused by or occurring during Buyer’s Tests and return the Property to DMNORTH #7708141 v4 substantially the same condition as existed prior to such entry. In exercising its rights under this Section 4, prior to entry upon the Property for the purpose of commencing any such Tests, Buyer shall procure and provide Seller with a certificate of insurance for general public liability insurance containing limits reasonably acceptable to Seller, but in no event in excess of One Million Dollars ($1,000,000) per occurrence, naming Seller as an additional insured, and covering Buyer’s activities conducted on the Property.
Sample 1
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Related to Property Access/Testing

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Physical Access Control Unauthorized persons are prevented from gaining physical access to premises, buildings or rooms where data processing systems that process and/or use Personal Data are located.

  • Equipment Testing and Inspection 2.1.1 The Interconnection Customer shall test and inspect its Small Generating Facility and Interconnection Facilities prior to interconnection. The Interconnection Customer shall notify the NYISO and the Connecting Transmission Owner of such activities no fewer than five Business Days (or as may be agreed to by the Parties) prior to such testing and inspection. Testing and inspection shall occur on a Business Day. The Connecting Transmission Owner may, at its own expense, send qualified personnel to the Small Generating Facility site to inspect the interconnection and observe the testing. The Interconnection Customer shall provide the NYISO and Connecting Transmission Owner a written test report when such testing and inspection is completed. The Small Generating Facility may not commence parallel operations if the NYISO, in consultation with the Connecting Transmission Owner, finds that the Small Generating Facility has not been installed as agreed upon or may not be operated in a safe and reliable manner. 2.1.2 The NYISO and Connecting Transmission Owner shall each provide the Interconnection Customer written acknowledgment that it has received the Interconnection Customer’s written test report. Such written acknowledgment shall not be deemed to be or construed as any representation, assurance, guarantee, or warranty by the NYISO or Connecting Transmission Owner of the safety, durability, suitability, or reliability of the Small Generating Facility or any associated control, protective, and safety devices owned or controlled by the Interconnection Customer or the quality of power produced by the Small Generating Facility.

  • Random Testing Notwithstanding any provisions of the Collective Agreement or any special agreements appended thereto, section 4.6 of the Canadian Model will not be applied by agreement. If applied to a worker dispatched by the Union, it will be applied or deemed to be applied unilaterally by the Employer. The Union retains the right to grieve the legality of any imposition of random testing in accordance with the Grievance Procedure set out in this Collective Agreement.

  • System Access Control Data processing systems used to provide the Cloud Service must be prevented from being used without authorization.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • Third Party Access Client is prohibited from disclosing data from the Data Set to any third party without obtaining written permission from Oracle.

  • Site Access Dell requires the right to access the APEX System in a timely way and as provided in the Service Offering Description to provide the Support Services. Failure to ensure that Customer provides Dell with timely access to a Site will relieve Dell of the Support Services obligations and Dell may also, at Dell’s discretion, suspend the APEX Service.

  • Substance Abuse Testing The Parties agree that it is in the best interest of all concerned to promote a safe working environment. The Union has no objection to pre-employment substance abuse testing when required by the Employer and further, the Union has no objection to voluntary substance abuse testing to qualify for employment on projects when required by a project owner. The cost and scheduling of such testing shall be paid for and arranged by the Employer. The Union agrees to reimburse the Employer for any failed pre-access Alcohol and Drug test costs.

  • Meter Testing Company shall provide at least twenty-four (24) hours' notice to Seller prior to any test it may perform on the revenue meters or metering equipment. Seller shall have the right to have a representative present during each such test. Seller may request, and Company shall perform, if requested, tests in addition to the every fifth-year test and Seller shall pay the cost of such tests. Company may, in its sole discretion, perform tests in addition to the fifth year test and Company shall pay the cost of such tests. If any of the revenue meters or metering equipment is found to be inaccurate at any time, as determined by testing in accordance with this Section 10.2 (Meter Testing), Company shall promptly cause such equipment to be made accurate, and the period of inaccuracy, as well as an estimate for correct meter readings, shall be determined in accordance with Section 10.3 (Corrections).

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