Tests, Studies, and Inspections Sample Clauses

Tests, Studies, and Inspections. Purchaser shall have forty (40) days from the date hereof within which to conduct such tests, studies/ inspections and other examinations (collectively "Examinations") as it may elect in its sole judgment, to determine the suitability of the Premises for Purchaser's purposes. Such Examinations may include, but shall not be limited to, soil tests, borings, engineering studies, environmental studies, feasibility studies, topographical surveys, drainage plans, marketing studies, financial studies, utility availability investigations, and ability to obtain building permits and other required permits or licenses. If the Examinations disclose matters which make the Premises unsuitable for Purchaser's purposes, in Purchaser's sole judgment, then Purchaser may terminate this Agreement by giving written notice within such forty (40) day period to Seller, in which event the Xxxxxxx Money paid by Purchaser shall be returned to Purchaser, and the parties hereto shall have no further obligations hereunder. During such forty (40) day period, Purchaser and Purchaser's agents, employees and contractors shall have the right to enter upon the Premises at all reasonable times to conduct the Examinations. Purchaser agrees that the Examinations shall be conducted and performed by the Purchaser and Purchaser's agents and representatives in a good and workmanlike manner and Purchaser shall be solely responsible for the prompt payment of all costs and expenses incurred in connection therewith. Purchaser shall provide Seller with not less than twenty-four (24) hours prior notice of the commencement of the Examinations and Seller or Seller's representative shall have the right to accompany the Purchaser or Purchaser's agents or representatives conducting the Examinations. Purchaser shall, at Purchaser's sole cost and expense, restore the Premises, as reasonably practicable, to its condition prior to the conduct of the Examinations. Purchaser shall indemnify and save Seller harmless against and from any and all liability, loss, cost damage and expense, including, without limitation, personal injury and death (including, without limitation, reasonable attorneys' fees, costs and disbursements incurred in enforcement of this indemnity) arising from the Examinations. This indemnification shall survive the termination of this Agreement until the expiration of any applicable statute of limitations. Other than to legal counsel and Purchaser's agents and representatives, Purchaser agrees no...
Sample 1
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Tests, Studies, and Inspections. Purchaser and Seller previously entered into that certain Agreement dated February 9, 2015, whereby Seller granted to Purchaser access to the Premises to conduct such tests, studies, inspections and other examinations (collectively “Examinations”) as Purchaser elected in its sole judgment, to determine the suitability of the Premises for Purchaser's purposes. Seller and Purchaser agree that Purchaser shall have sixty (60) days from the date hereof to update its Examinations, review the Title Commitment and Survey and do such other things as Purchaser may determine in its sole and absolute discretion (the “Initial Examination Period.”) If the Examinations disclose matters which make the Premises unsuitable for Purchaser's purposes, in Purchaser's sole judgment, then Purchaser may terminate this Agreement by giving written notice within such sixty (60) day period to Seller, in which event any Xxxxxxx Money paid by Purchaser shall be returned to Purchaser, less the sum of $100, which will be paid over to Seller as independent consideration for the Examination Period, and the parties hereto shall have no further obligations hereunder, except for those which expressly survive the closing or termination of this Agreement. During such sixty (60) day period, Purchaser and Purchaser's agents, employees and contractor shall have the right to enter upon the Premises at all times to conduct the Examinations. Purchaser shall indemnify and hold Seller harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in connection with any inspections of the Premises performed by or on behalf of Purchaser, which obligation will survive the Closing or the termination of this Agreement. In addition, in the event Purchaser terminates this Agreement pursuant to this Section 3.1, Purchaser shall return the Premises to its condition immediately prior to the Examinations, which obligation expressly survives the termination of this Agreement. Purchaser shall have the right to extend the Examination Period for two (2) additional thirty
Sample 1

Related to Tests, Studies, and Inspections

  • Tests and Inspections § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense. § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.

  • Audits and Inspections At any time during normal business hours and as often as the City may deem necessary, Service Provider shall make available to the City for the City’s examination all of Service Provider’s records and documents with respect to all matters covered by this Agreement and, furthermore, Service Provider will permit the City to audit, examine and make copies, excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

  • Visits and Inspections Permit representatives of the Administrative Agent or any Lender, from time to time upon reasonable prior notice to visit and inspect its properties; inspect and make extracts from its books, records and files, including, but not limited to, management letters prepared by independent accountants; and discuss with its principal officers, and its independent accountants, its business, assets, liabilities, financial condition, results of operations and business prospects.

  • Information and Inspection Pledgor shall (i) promptly furnish Bank any information with respect to the Collateral requested by Bank; (ii) allow Bank or its representatives to inspect and copy, or furnish Bank or its representatives with copies of, all records relating to the Collateral and the Obligation; and (iii) promptly furnish Bank or its representatives with any other information Bank may reasonably request.

  • TESTING AND INSPECTION 6.1 Pre-Commercial Operation Date Testing and Modifications.

  • RECORDS AND INSPECTIONS Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

  • Information and Inspection Rights The Company shall permit, and shall cause each of its Subsidiaries to permit, the Purchaser, its representatives or any independent auditor or legal counsel appointed by the Purchaser, during normal business hours following reasonable notice by the Purchaser to the Company, to (i) visit and inspect any of the properties of the Company or any of its Subsidiaries, (ii) examine the books of account and records of the Company or any of its Subsidiaries, and (iii) discuss the affairs, finances and accounts of the Company or any of its Subsidiaries with the directors, officers, and management employees of the Company or any of its Subsidiaries.

  • Maintaining Records; Access to Properties and Inspections Maintain financial records in accordance with GAAP and, upon reasonable notice, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any Significant Subsidiary during normal business hours and to discuss the affairs, finances and condition of the Borrower or any Significant Subsidiary with the officers thereof and independent accountants therefor.

  • Audit and Inspection 9.1 The Recipient, without charge, will permit any officer or officers of the Commissioner, external auditing bodies (i.

  • Audit and Inspection Rights Alberta Innovates shall be entitled at any time and from time to time during the Term and the Retention Period, upon reasonable prior Notice to the Applicant, to have its authorized agents attend at the Applicant's premises or at the location where the Project is being carried out, to: (a) audit or examine the Records ("Audit"); and/or (b) inspect the premises and assets pertaining to the Project ("Inspection"); to assess whether the Applicant has been and is complying with this Investment Agreement. The costs of any Audit or Inspection shall be paid by Alberta Innovates unless such Audit or Inspection reveals a Default or a failure by the Applicant to maintain proper Records or comply with this Investment Agreement, in which case the costs shall be paid by the Applicant. The Applicant shall provide Alberta Innovates’ authorized agents with all such assistance as may be reasonably required during such Audit or Inspection, Including making and providing Alberta Innovates with copies of any Records as requested by Alberta Innovates. For clarity, such right of Audit and Inspection shall be limited to the purpose of ascertaining whether this Investment Agreement has been complied with, and Alberta Innovates will not have any general right to obtain custody or copies of the records of the Applicant except as contemplated by this Section.

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