Tests and Studies Sample Clauses
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Tests and Studies. Since the respective dates as of which information is given in the Registration Statement and the Prospectus, the studies, tests and preclinical and clinical trials conducted by or on behalf of the Company that are described in the Registration Statement and the Prospectus were and, if still pending, are being conducted in accordance with experimental protocols, procedures and controls pursuant to, where applicable, accepted professional scientific standards, except where the failure to so conduct could not reasonably be expected to have a Material Adverse Change; the descriptions of the results of such studies, tests and trials contained in the Registration Statement and the Prospectus are accurate and complete in all material respects; and the Company has not received any notices or correspondence from the U.S. Food and Drug Administration, the U.S. Department of Agriculture or any state, local or foreign governmental body exercising comparable authority requiring the termination, suspension or material modification of any studies, tests or preclinical or clinical trials conducted by or on behalf of the Company which termination, suspension or material modification could reasonably be expected to have a Material Adverse Change. All statistical and market-related data included in the Registration Statement, including without limitation references to estimated numbers of patients suffering from listed diseases, are based on or derived from sources which the Company believes to be reliable and of which the Company has written evidence in its records.
Tests and Studies. Buyer and its employees and representatives shall have the right at reasonable times to enter upon the Real Property and Leased Parcels, and into the buildings and improvements thereon, for the purpose of inspecting the physical condition of the respective buildings and improvements. Buyer shall, at Buyer's expense, also have the right to conduct an asbestos inspection other tests or inspections on the Real Property and Leased Parcels. All such tests or inspections shall be at Buyer's sole expense and conducted by persons acceptable to Buyer. Buyer shall give Seller reasonable advance notice of the time of all such tests and inspections, and Seller shall have the right to be present during such tests.
Tests and Studies. The Borrower has conducted such tests and studies as are necessary to determine the flow of surface and storm waters and the drainage thereof, upon, across, and from the Land and has prepared appropriate reports showing what grading, sloping, channeling or construction of artificial drains or retention ponds is necessary to provide adequate drainage and to prevent accumulation of such waters on the Land at all times during its development and after Completion.
Tests and Studies. Tenant shall immediately upon written request from time to time provide Landlord with copies of all permits, approvals, memos, reports, correspondence, complaints, demands, claims, subpoenas, requests, feasibility and impact studies, storage and management plans, business plans, remediation and cleanup plans, closure plans, documentation evidencing that a clean-up or other action required hereunder has been properly and lawfully completed, and all papers of any kind filed with or by any regulatory authority and any other books, records or items pertaining to Hazardous Materials that are subject to the provisions of this Article (collectively referred to herein as "Tenant's Hazardous Materials Records"). Landlord reserves the right to conduct, and to request that regulatory authorities conduct, from time to time, detailed inspections, tests and studies at or respecting the Premises, and of Tenant's operations therein including, without limitation, air, soil, water and the contents of any cans, bottles, jars, drums, barrels or other containers, and Tenant's Hazardous Materials Records, respecting Tenant's compliance with this Article. In connection therewith, Tenant shall fully cooperate and shall instruct Tenant's officers and employees to answer all question truthfully and completely. Such inspections, tests and studies may be made with reasonable prior notice (except in emergencies or in case of repeated violations). If Landlord or any Lender or regulatory authority arranges for any inspections, tests or studies showing this Article has been violated, or otherwise in connection with any request by Tenant for permission to engage in any activity or to waive any requirement involving Hazardous Materials, Tenant shall pay for the cost of such inspections, tests and studies and an amount equal to fifteen percent (15%) of such cost to cover Landlord's overhead in connection therewith.
Tests and Studies. Buyer shall have determined, in its sole discretion, that it would be feasible, economically or otherwise, to go forward with Buyer's acquisition of the Property. Buyer shall therefore have until the Scheduled Closing Date in which to undertake any tests and studies, including but not limited to, environmental and/or engineering studies (hereinafter collectively referred to as "Tests and Studies") which Buyer, in its sole discretion, deems necessary to determine the feasibility of its acquisition. Further, Seller shall promptly furnish to Buyer a set of building design drawings, existing surveys, plans and specifications, equipment leases, maintenance contracts, leases and any other documents and/or contracts relating to the Property and its day-to-day operation and maintenance and any tenant layout drawings relating to the Property (collectively, the “Deliverables”), to the extent that these Deliverables exist and to the extent that Seller has ownership and possession of such Deliverables. Buyer and its agents shall also have the right from time to time as selected by Buyer to examine and review Seller's books and records relating to the construction, ownership and operation of the Property, including, without limitation, all leases and other occupancy agreements, Tenant files, the final plans and specifications for any improvements, permits and licenses, zoning information, tax bills, utility bills, insurance coverage, supply and maintenance contracts, and all other information necessary for Buyer to familiarize itself with the Property. Seller agrees to cooperate in connection with the foregoing and agree that Buyer, its agents, employees, representatives, or contractors shall be provided promptly, upon request, such information as shall be reasonably necessary to examine the Property and the condition thereof and as shall be in the possession of Seller or reasonably obtainable by Seller. Buyer and its agents, contractors or employees shall have the right to enter upon the Property for the purpose of performing its Tests and Studies, provided said activities shall not in any way permanently damage the Property. Buyer shall use its best efforts to give Seller reasonable prior notice before Buyer enters upon the Property, and Buyer shall hold Seller harmless from any and all liabilities, claims and damages (including costs and reasonable attorneys' fees) arising out of its rights hereunder.
Tests and Studies. The Architect and/or its Subconsultants shall participate in, conduct and observe such tests as authorities having jurisdiction over the Project may require, provided that Owner shall bear all lab fees and expenses associated with such tests.
Tests and Studies. Purchaser acknowledges and agrees that it has satisfactorily completed such tests and studies on, about and of the Property as Purchaser deemed necessary including, without limitation, reviewing the Inspection Documents (herein so called) described on SCHEDULE 1 hereto and conducted such architectural, engineering, environmental, soil boring, development and economic feasibility studies (the "STUDIES") as it deemed necessary and appropriate.
Tests and Studies. Buyer shall have the right prior to Closing to make or cause to be made. at Buyer's sole cost and expense, such engineering tests, investigations, Phase I studies, surveys, examinations, appraisals, or other studies of the Facility as Buyer may desire to make.
Tests and Studies. (i) The tests and studies conducted by or on behalf of or sponsored by the Company or its subsidiaries (“Studies”) were and, if still ongoing, are being conducted in accordance with experimental protocols, procedures and controls (giving effect to procedures and controls in place for the remediation of deficiencies including quality control systems designed to identify and address deficiencies) pursuant to accepted professional scientific standards and all applicable Food and Drug Laws and Authorizations of the jurisdiction in which such Studies are being conducted; and (ii) the Company and its subsidiaries have not received any written notices, correspondence or other communications from the FDA, HHS, DEA or DOJ or any governmental or regulatory authority requiring or threatening the termination or suspension of any Studies or with respect to the performance of such Studies, except for such notices, correspondence or communications that have been resolved as of the date hereof or as would not have an adverse effect on the Company. None of the Company, any of its subsidiaries or any director, officer, employee, agent, employee or affiliate of the Company or its subsidiaries has committed any act, made any statement or failed to make any statement that would reasonably be expected to provide a basis for the FDA or any other governmental or regulatory authority to invoke its policy with respect to “Fraud, Untrue Statements of Material Facts, Bribery, and Illegal Gratuities,” or similar policies.