VENDOR'S KNOWLEDGE. Where any representation or warranty is expressed to be given by the Vendor to the best of its knowledge or to its knowledge or is otherwise expressed to be limited in scope to matters known to the Vendor or of which the Vendor is aware, the Vendor thereby confirms that it has made appropriate enquiries of (i) the Chief Operating Officer of CPR's E & N Railfreight division; (ii) with respect to subsections 3.4 and 3.10, the appropriate person or persons in the Vendor's legal department; and (iii) with respect to subsection 3.12, the Vendor's Manager of Environmental Affairs, and such parties have no actual knowledge of the incompleteness or inaccuracy of the subject representation or warranty.
VENDOR'S KNOWLEDGE. Where in this Agreement, or in any certificate or document delivered in connection herewith or in implementation of any of the transactions contemplated hereby, any statement, representation or warranty is made as to, or as being based on, the knowledge of the Vendor, or words to like effect, such statement, representation or warranty will be construed as including only matters within the actual knowledge of the Responsible Persons after having made reasonable inquiry of those Persons who directly report to them and who would reasonably be expected to possess or to have access to information as to the applicable subject matter, and otherwise without independent investigation, and does not include constructive or imputed knowledge of the Responsible Persons or any of them or the knowledge, information or belief of any other Person.
VENDOR'S KNOWLEDGE. The knowledge or awareness of the Vendor herein consists of the actual knowledge or awareness of its current officers and employees who are primarily responsible for the matter in question in the course of their normal duties (other than those employees employed in the field who do not have management responsibilities), after reasonable inquiry of the Vendor’s applicable files and records. For these purposes, knowledge and awareness do not include the knowledge of any third party or constructive knowledge. The Vendor does not have any obligation to make inquiry of third parties or the files and records of any third party or public authority in connection with representations and warranties that are made to its knowledge or awareness.
VENDOR'S KNOWLEDGE. Where in this Agreement, or in any certificate or document delivered in connection herewith or to effect any of the transactions contemplated hereby, any statement, representation or warranty is made as to, or as being based on, the awareness, knowledge, information or belief of the Vendor, such awareness, knowledge, information or belief, as applicable, is limited to the actual knowledge of Xxxxxx X. Xxxxxx, Xxxxx X. Xxxxxxx, Xxx X. Xxxxxxxx, Xxx X. xx Xxx and Xxxxxx X. Xxxxxx.
VENDOR'S KNOWLEDGE. Where any of the Warranties is qualified by the expression "to the best of the knowledge, information and belief of the Vendor" or "so far as the Vendor is aware" or any similar expression, that Warranty shall be deemed to be given only on the basis of matters within the actual knowledge of any employee or officer [The draft Agreement should acknowledge that it may be necessary, on a case-by-case basis, to specify a certain level or category of employee or officer, here.] of the Vendor involved or concerned in the Offshore Transmission System and/or the Business.
VENDOR'S KNOWLEDGE. Where any of the Warranties are qualified by the expression “to the best of the knowledge, information and belief of the Warrantors” or “so far as the Warrantors are aware” or any similar expressions or any of them, any such Warranty shall be deemed to include an additional statement that the Warranty has been given after having made due and careful enquiry, including of the other Warrantors and, where appropriate, the Company’s professional advisers.
VENDOR'S KNOWLEDGE. Any statement qualified by the expression TO THE BEST KNOWLEDGE OF THE VENDOR or SO FAR AS THE VENDOR IS AWARE or any similar expression shall, insofar as such statement is referable to any particular Jurisdiction, be deemed to refer to the knowledge of the Vendor having made due and careful enquiry of those persons set out in column (2) Schedule 21 in relation to those Warranties set out in column (1).
VENDOR'S KNOWLEDGE. Where in this Agreement, or in any certificate or document delivered in connection herewith or to effect any of the transactions contemplated hereby, any statement, representation or warranty is made as to, or as being based on, the awareness, knowledge, information or belief of the Vendor, such awareness, knowledge, information or belief, as applicable, is limited to the actual knowledge, after due inquiry, of: (a) any director or officer of PCI, PAC, the Purchased Corporations and the PCC Limited Partnership, and (b) the officers and directors of the Manager who are responsible for the supervision of the subject matter of such statement, representation and warranty.
VENDOR'S KNOWLEDGE. Where any of the Warranties is qualified by the expression "to the best of the knowledge, information and belief of the Vendor" or "so far as the Vendor is aware" or any similar expression, that Warranty shall be deemed to be given only on the basis of matters within the actual knowledge of any employee or officer of the Vendor involved or concerned in the Offshore Transmission System and/or the Business.
VENDOR'S KNOWLEDGE. Where any statement set out in Schedule 3 is expressed to be given or made “to the best of the Vendor’s knowledge and belief” or “so far as the Vendor is aware” or is qualified in some other manner having substantially the same effect, such statement shall mean that the Vendor is deemed to be aware of all those facts and matters within the actual knowledge of Xxxxxx Xxxxxxxxx and Xxxxxx Xxxxxxx, each having made reasonable enquiries into the subject matter of that statement or Warranty, including where they, acting reasonably, considered it appropriate due enquiry of the Vendor’s professional advisers but for the avoidance of doubt the Purchaser acknowledges that no enquiries have been made of any of the Franchisees.
