Right to Examination Sample Clauses

Right to Examination. The Inspector shall have the right to examine the subject matter and area of any claim or potential claim against the Inspector arising herefrom and the right to offer a resolution prior to Client’s performance of any remedial measures (except in the event of an emergency, or to protect for personal safety, or to reduce or avoid damage to property). The right of examination herein is a condition precedent to the commencement of any claim by the Client against the Inspector for any reason including negligence or breach of any term hereof. The Client shall not file or commence any claim against the Inspector in any jurisdiction until he has notified the Inspector of his complaint and made reasonable efforts to afford the Inspector an opportunity to complete such examination.
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Right to Examination. Each of BAMAGAS and CES shall have the right to examine at any reasonable time, upon not less than five (5) Business Days written notice to the other, the books, records and charts of the other to the extent necessary to verify the accuracy of any invoice, charge or computation made under or pursuant to the provisions of this Agreement. Each Party shall retain all such records for a period of two (2) years after the creation thereof.
Right to Examination. Upon 45 days’ written notice, ASCAP shall have the right by its authorized representatives at reasonable times during normal business hours to examine Licensee’s books and records of account to such extent as may be necessary solely to verify the reports or other information and payments based thereon that are required by this Agreement. All data and information derived from ASCAP’s examination shall be treated as completely confidential pursuant to Paragraph 10. The period for which ASCAP may examine Licensee’s books and records of account pursuant to this Agreement shall be limited to three calendar years preceding the year in which the examination is made; provided, however, that, if an audit is postponed at Licensee’s request, then ASCAP shall have the right to examine books and records for the period commencing with the third calendar year preceding the year in which notification of intention to examine was first given by ASCAP. This three-year limitation shall not apply if Licensee fails or refuses after written notice from ASCAP to produce the books and records necessary to verify any report or statement of accounting required pursuant to this Agreement.
Right to Examination. CEO/Superintendent may be required to provide proof from her health care provider that she is eligible for sick leave, or for leave allowed as a reasonable accommodation under the ADA or any other applicable law, at the discretion of the District. CEO/Superintendent may also be subject to examination by a health care provider selected by the District at the District's expense to determine her eligibility for leave or fitness for duty to the extent allowed by law.
Right to Examination. Each Team Member shall retain all of its books and records made solely in connection with a Project in accordance with its own record retention policies, and shall make them open to examination by the authorized representatives through the Performance Management Committee, acting reasonably, which may make copies and take extracts thereof at the sole cost of the requesting Team Member. Each Team Member shall provide facilities during regular business hours for such examinations and shall furnish all such related information as the representatives of another Team Member may from time to time may reasonably require with respect to such books and records.
Right to Examination. At any time within eighteen (18) months after a statement is rendered hereunder, OEI shall have the right to examine Buyers' books and records evidencing its Product Line membership activations and membership statuses for the subject period solely for the purpose of determining the accuracy of such statement. The examination (i) shall be conducted by a CPA firm selected by the OEI which is a member in good standing of the AICPA and the State society, after reasonable advance written notice from OEI to Buyers, (ii) shall be commenced and conducted during Buyers' normal business hours at the offices of Buyers or its accounting representative, and (iii) shall be conducted at OEI's sole cost and expense. There shall not be more than one examination during each year of the Term. Notwithstanding clause (iii), above, in the event it is mutually determined by Buyers and OEI, or by arbitration pursuant to Paragraph 10, below, that OEI has been underpaid in an amount in excess of four (4%) percent of the contract rate of compensation, Buyers shall pay the reasonable costs of such examination (excluding travel, living and other personal expenses of the examiner). All statements rendered by Buyers under this Agreement shall be final and binding on OEI, unless specific objections thereto are made and delivered in writing within eighteen (18) months from the date any such statement is delivered to OEI. Once the records for any accounting period have been inspected by OEI, such records shall not be the subject of a later inspection. Further, with respect to each inspection, OEI must notify Buyers within ninety (90) days following completion of the inspection of any claim it asserts for money due and owing it as a result of a prior underpayment, in the absence of which Buyers' accounting statements for the examined period shall be deemed accurate and any claim of OEI for money due and owing in connection therewith shall be deemed waived. Buyers shall have the right to condition disclosure of information to OEI and its agents, in connection with any inspection under this paragraph, upon Buyers's receipt of a non- disclosure agreement, acceptable in form and content to Buyers and duly executed by OEI and any agent of OEI receiving such information.

Related to Right to Examination

  • Consent to Examination In connection with the performance by the Transfer Agent of the Delegated Duties, the Transfer Agent understands and acknowledges that the Fund remains responsible for assuring compliance with the USA PATRIOT Act and that the records the Transfer Agent maintains for the Fund relating to the AML Program may be subject, from time to time, to examination and/or inspection by federal regulators in order that the regulators may evaluate such compliance. The Transfer Agent hereby consents to such examination and/or inspection and agrees to cooperate with such federal examiners in connection with their review. For purposes of such examination and/or inspection, the Transfer Agent will use its best efforts to make available, during normal business hours and on reasonable notice all required records and information for review by such examiners.

  • Eye Examinations All represented employees, who are health service system members, shall be eligible for one (1) annual VDT examination and prescribed eyewear.

  • Physical Examinations Where the Employer requires an employee to take a physical examination, doctor's fees for such examination shall be paid by the Employer. Except prior to commencement of employment and the first four (4) weeks of employment, such examinations shall be taken during the employee's working hours without loss of pay to the employee.

  • Title Examination Within thirty (30) days after Purchaser’s exercise of the Option, Purchaser shall have the right to obtain, at Purchaser’s expense, a current survey of the Property (the “Updated Survey”) and an ALTA Title Commitment for the Property from a title company acceptable to Purchaser (the “Title Company”), setting forth the status of title to the Property, and showing all liens, claims, encumbrances, reservations, restrictions and other matters, if any, relating to the Property (the “Title Commitment”), including legible copies of all encumbrances, restrictive covenants and other documents evidencing exceptions to said Title Commitment (the “Exception Documents”). If the Title Commitment and/or Updated Survey reveals any exception(s) to title to which Purchaser objects (a “Title Objection”) and is(are) not either (i) listed as title exceptions in the title insurance policy and/or survey obtained by Seller in connection with the closing of the Mezzanine Loan and/or (ii) permitted by this Agreement (collectively, the “Permitted Encumbrances”), Purchaser may notify Seller in writing that it would like Seller to cure or remove such Title Objections. Seller shall have the right, but not the obligation (except as set forth below), to remedy or cure any such Title Objection(s) during the twenty (20) day period following Seller’s receipt thereof (the “Cure Period”). Purchaser shall have the continuing right to have such title examination and Title Commitments updated from time to time, and to obtain updates to the Survey, and to give Seller written notice of any Title Objections appearing of record, or otherwise created, after the effective date of the initial Title Commitment and being revealed by any title examination, Survey or investigation of the Property, and Purchaser shall be entitled to object (in the same manner as set forth hereinabove) to matters shown by the updated Title Commitments or updated Survey or investigations. Seller shall have the right, but not the obligation (except as set forth below), to remedy those Title Objections identified by Purchaser to the satisfaction of Purchaser within twenty (20) days after Purchaser’s notice. If any of the Title Objections are not so cured or remedied, or provision satisfactory to Purchaser made therefor, prior to any closing date selected by Purchaser, then Purchaser, at its election, shall have the right and option to either: (a) accept title to the Property subject to said uncured Title Objections that Purchaser elects to accept, and any Title Objection accepted by Purchaser in writing shall become part of the Permitted Encumbrances; or (b) terminate this Agreement by written notice to Seller, in which event, immediately upon receipt of said notice, this Agreement shall terminate, be null and void and of no further force or effect. Notwithstanding the foregoing, Seller, at Seller’s sole cost and expense, shall be obligated to cure or remove at or before Closing all mortgages, deeds of trust, deeds to secure debt, judgments liens, mechanics and materialman’s liens, and other monetary liens against the Property, whether or not Purchaser objects thereto, and Purchaser shall credit the cost to cure, satisfy, release and remove such matters against the Purchase Price provided the same is actually paid by Purchaser or Title Company on Seller’s behalf. In addition, Seller shall not allow any easements, liens, leases, licenses, permits or other encumbrances to be placed on or granted with respect to the Property, nor shall Seller convey any rights in the Property, without the prior written consent of Purchaser, except to the extent expressly permitted, or consented to in writing by Purchaser under the Mezzanine Loan Documents. If any such prohibited easements, liens, leases, licenses, permits or other encumbrances arise after the Effective Date, notwithstanding any other term or provision of this Agreement to the contrary, Seller shall, at its sole cost and expense, cure, satisfy, release and remove such matters prior to Closing; provided, however, that any easements or encumbrances that are taken by eminent domain shall be governed by the terms of Section 5 immediately below.

  • Field Examination The Administrative Agent or its designee shall have conducted a field examination of the Loan Parties’ Accounts, Inventory and related working capital matters and of the Borrower’s related data processing and other systems, the results of which shall be satisfactory to the Administrative Agent in its sole discretion.

  • Physical Examination The Employer, at its own expense, shall have the right and be given the opportunity to have a medical doctor appointed by the Employer examine, as often as it may reasonably require, any employee whose injury, sickness, mental or nervous disorder is the basis of claim upon this Plan.

  • Field Examinations On no more than one occasion per every consecutive 24 month period following the most recent field examination date, the Loan Parties will permit, upon reasonable notice, the Administrative Agent to conduct a field examination to ensure the adequacy of Collateral included in any Borrowing Base and related reporting and control systems (with the time of such engagement determined at the discretion of the Administrative Agent, or as requested by the Required Lenders); provided that (I) the Company shall be permitted to instruct the Administrative Agent to conduct a field examination if as of any date the most recently completed field examination (or the most recently completed update thereof, if applicable) is more than one year old and (II) the Administrative Agent may conduct a field examination at the discretion of the Administrative Agent, or shall conduct a field examination at the request of the Required Lenders if (a) the date of the most recently completed field examination (or the most recently completed update thereof, if applicable) is more than one year old and (b) either (i) Loans have been outstanding within the three months preceding such date or (ii) LC Exposure within the three months preceding such date has been greater than $200,000,000 at any time. Notwithstanding the foregoing, in addition to the field examinations permitted above (A) during any calendar year when Aggregate Availability is at any time less than the greater of (x) an amount equal to 20% of the Loan Cap Minimum then in effect and (y) an amount equal to 20% of the Loan Cap then in effect, one additional field examination shall be permitted at the discretion of the Administrative Agent or the Required Lenders per calendar year and (B) if an Event of Default has occurred and is continuing, there shall be no limitation on the number or frequency of field examinations. For purposes of this Section 5.12, it is understood and agreed that a single field examination may be conducted at multiple relevant sites and involve one or more relevant Loan Parties and their assets. All of the foregoing field examinations shall be at the sole expense of the Loan Parties. Notwithstanding the foregoing, the Lenders shall be permitted to conduct one additional field examination per calendar year at their own cost and expense.

  • Polygraph Examination No employee shall be compelled to submit to a polygraph examination. No disciplinary action whatsoever shall be taken against an employee refusing to submit to a polygraph examination; nor shall any comment be anywhere recorded indicating that an employee offered to take, took or refused to take a polygraph examination unless otherwise agreed to in writing by the parties; nor shall any testimony or evidence of any kind regarding an employee's offer to take, refusal to take, or the results of a polygraph examination be admissible in any proceeding pursuant to this Agreement, unless otherwise agreed to in writing by the parties.

  • Examinations The Company has not received any notice that any Employee Benefit Plan is currently the subject of an audit, investigation, enforcement action or other similar proceeding conducted by any state or federal agency or authority.

  • Medical Examinations An employee may be required by the Employer, at the request of and at the expense of the Employer, to take a medical examination by a physician of the employee's choice. Employees may be required to take skin tests, x-ray examination, vaccination, inoculation and other immunization (with the exception of a rubella vaccination when the employee is of the opinion that a pregnancy is possible), unless the employee's physician has advised in writing that such a procedure may have an adverse affect on the employee's health.

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