SITE ANALYSIS PERIOD Sample Clauses

SITE ANALYSIS PERIOD. Purchaser shall have the Site Analysis Period in which to conduct the Tests and Studies and to ascertain whether the Project is acceptable to Purchaser. "Site Analysis Period" shall mean the period expiring on June 17, 1996. The Site Analysis Period shall also include that thirty (30) day period on and after the Phase II Notice Date (as hereinafter defined) for those Tests and Studies on Phase II Purchaser chooses to conduct in respect to those Improvements completed on Phase II after June 17, 1996. If the Project is determined to be unacceptable to Purchaser, for any reason whatsoever, in Purchaser's sole discretion, Purchaser shall have the right to terminate this Agreement (in respect to all Phases, but not in respect to one Phase and not the other) by giving written notice of termination on or prior to June 17, 1996, in which event the Deposit shall be returned to Purchaser. In accordance with the provisions of 11.02(b) hereof, Seller and Purchaser shall each pay 50% of the Shared Closing Costs incurred as of the termination date, and neither Party shall have any further rights or obligations hereunder, except those specifically provided herein that survive the termination of this Agreement. A failure to so notify Seller of Purchaser's election to terminate or proceed with this Agreement as aforesaid prior to June 17, 1996, shall be deemed as notice to Seller that Purchaser has elected to terminate this Agreement as aforesaid. In addition, not less than forty-five (45) days (nor more than sixty (60) days) prior to the date on which Seller reasonably believes the Phase II Closing Date will occur (if at all), Seller shall advise Purchaser, in writing ("Phase II Notice Date"), of the date on which Seller anticipates the Phase II Closing to occur as provided in Paragraph 15.01 hereof. For the period of thirty (30) days on and subsequent to the Phase II Notice Date, Purchaser may conduct those additional Tests and Studies on or in respect to Phase II pertaining to (i) any defects or deficiencies of Phase II in respect to its compliance with any and all codes, ordinances, statutes, Permits, approvals or licenses issued in respect to
Sample 1
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SITE ANALYSIS PERIOD. Purchaser shall have the Site Analysis Period in which to conduct the Tests and Studies and to ascertain whether the Project is acceptable to Purchaser. "Site Analysis Period" shall mean the period expiring on June 17, 1996. If the Project is determined to be unacceptable to Purchaser, for any reason whatsoever, in Purchaser's sole discretion, Purchaser shall have the right to terminate this Agreement by giving written notice of termination on or prior to the date of expiration of the Site Analysis Period, in which event the Deposit shall be returned to Purchaser. In accordance with the provisions of 11.02(b) hereof, Seller and Purchaser shall each pay 50% of the Shared Closing Costs incurred as of the termination date, and neither Party shall have any further rights or obligations hereunder, except those specifically provided herein that survive the termination of this Agreement. A failure to so notify Seller of Purchaser's election to terminate or proceed with this Agreement as aforesaid prior to the expiration of the Site Analysis Period shall be deemed as notice to Seller that Purchaser has elected to terminate this Agreement as aforesaid.
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SITE ANALYSIS PERIOD. Except in the instance of a Restoration Forgiveness, Purchaser shall keep the Project free of all liens in connection with the Tests and Studies and shall cause all such liens to be removed immediately upon its being notified of same. Except in the instance of a Restoration Forgiveness, Purchaser agrees to indemnify, defend and hold Seller harmless against any liabilities, claims and damages, including, without limitation, any property damage, personal injury or claim of lien against the Project resulting from the activities permitted by this Paragraph 5.02 (including, without limitation, reasonable attorneys' fees and expenses paid or incurred by Seller during litigation, if any), which indemnity shall survive the Closing Date or the expiration, cancellation or termination of this Agreement.
Sample 1
SITE ANALYSIS PERIOD. Purchaser shall have the Site Analysis Period in which to conduct the Tests and Studies and to ascertain whether the Project is acceptable to Purchaser. "Site Analysis Period" shall mean the period expiring on June 17, 1996. If the Project is determined to be unacceptable to Purchaser, for any reason whatsoever, in Purchaser's sole discretion, Purchaser shall have the right to terminate this Agreement by giving written notice of termination on or prior to the date of expiration of the Site Analysis Period, in which event the Deposit shall be returned to Purchaser and the Lump Sum Payment shall be retained and deemed earned by Seller. In accordance with the provisions of 11.02(b) hereof, Seller and Purchaser shall each pay 50% of the Shared Closing Costs incurred as of the termination date, and neither
Sample 1

Related to SITE ANALYSIS PERIOD

  • Laboratory Testing All laboratories selected by UPS Freight for analyzing Controlled Substances Testing will be HHS certified.

  • Feasibility Study A feasibility study will identify the potential costs, service quality and other benefits which would result from contracting out the work in question. The cost analysis for the feasibility study shall not include the Employer’s indirect overhead costs for existing salaries or wages and benefits for administrative staff or for rent, equipment, utilities, and materials, except to the extent that such costs are attributable solely to performing the services to be contracted out. Upon completion of the feasibility study, the Employer agrees to furnish the Union with a copy if the feasibility study, the bid from the Apparent Successful Bidder and all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. The Employer shall not go forward with contracting out the work in question if more than sixty percent (60%) of any projected savings resulting from the contracting out are attributable to lower employee wage and benefit costs.

  • Statistical Sampling Documentation a. A copy of the printout of the random numbers generated by the “Random Numbers” function of the statistical sampling software used by the IRO.‌ b. A description or identification of the statistical sampling software package used by the IRO.‌

  • Development Phase contractual phase initiated with the approval of ANP for the Development Plan and which is extended during the Production Phase while investments in xxxxx, equipment, and facilities for the Production of Oil and Gas according to the Best Practices of the Oil Industry are required.

  • Study An application for leave of absence for professional study must be supported by a written statement indicating what study or research is to be undertaken, or, if applicable, what subjects are to be studied and at what institutions.

  • Quantitative Analysis Quantitative analysts develop and apply financial models designed to enable equity portfolio managers and fundamental analysts to screen potential and current investments, assess relative risk and enhance performance relative to benchmarks and peers. To the extent that such services are to be provided with respect to any Account which is a registered investment company, Categories 3, 4 and 5 above shall be treated as “investment advisory services” for purposes of Section 5(b) of the Agreement.”

  • Sampling and Analysis The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. (1) part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than: (i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.

  • Investment Analysis and Implementation In carrying out its obligations under Section 1 hereof, the Advisor shall: (a) supervise all aspects of the operations of the Funds; (b) obtain and evaluate pertinent information about significant developments and economic, statistical and financial data, domestic, foreign or otherwise, whether affecting the economy generally or the Funds, and whether concerning the individual issuers whose securities are included in the assets of the Funds or the activities in which such issuers engage, or with respect to securities which the Advisor considers desirable for inclusion in the Funds' assets; (c) determine which issuers and securities shall be represented in the Funds' investment portfolios and regularly report thereon to the Board of Trustees; (d) formulate and implement continuing programs for the purchases and sales of the securities of such issuers and regularly report thereon to the Board of Trustees; and (e) take, on behalf of the Trust and the Funds, all actions which appear to the Trust and the Funds necessary to carry into effect such purchase and sale programs and supervisory functions as aforesaid, including but not limited to the placing of orders for the purchase and sale of securities for the Funds.

  • Development Period The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.

  • Research Analyst Independence The Company acknowledges that the Underwriters’ research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such Underwriters’ research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company and/or the offering that differ from the views of their respective investment banking divisions. The Company hereby waives and releases, to the fullest extent permitted by law, any claims that the Company may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company by such Underwriters’ investment banking divisions. The Company acknowledges that each of the Underwriters is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies that may be the subject of the transactions contemplated by this Agreement.

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