Examination and Testing Clause Samples

Examination and Testing. At any time prior to the expiry of the last Defects Liability Period (or the last Second Defects Liability Period, whichever is the later), Honeywell may require the Works to be tested. The Subcontractor must give such assistance and make accessible such parts of the Works as may be required by Honeywell for that purpose. On completion of any tests, the Subcontractor must make good any part of the Works affected by testing so that it fully complies with the Subcontract. Except where the Subcontract otherwise provides, the cost of any tests and the cost of making good any part of the Works affected by tests will be borne by Honeywell unless the tests reveal a Defect in the Works in which case the costs of the testing and making good the Works must be borne by the Subcontractor.
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Examination and Testing. At any time prior to the expiry of the last Defects Liability Period, Honeywell may require the Works to be tested. The Subcontractor must give such assistance and make accessible such parts of the Works as may be required by Honeywell for that purpose. On completion of any tests, the Subcontractor must make good any part of the Works affected by testing so that it fully complies with the Subcontract. Except where the Subcontract otherwise provides, the cost of any tests and the cost of making good any part of the Works affected by tests will be borne by Honeywell unless the tests reveal a Defect in the Works in which case the costs of the testing and making good the Works must be borne by the Subcontractor.
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Examination and Testing. 1At any time before the expiry of the Defects Liability Period, the Contractor may direct that any of the Works be tested. The Subcontractor shall give such assistance and samples and make accessible such parts of the Works as may be directed by the Contractor.
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Examination and Testing. No amendment
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Examination and Testing. Regardless of whether an Inmate self- identifies as having a disability, ADOC will continue to evaluate Inmates for disabilities through examination and testing. 1. ADOC will identify Inmates with physical disabilities in accordance with OHS Policy. A physical exam of each Inmate will be conducted by a medical provider employed or contracted by ADOC and appropriately licensed by the State of Alabama. This exam will occur within seven (7) days of intake, not including weekends and holidays. Inmates in ADOC’s custody at the time of the Court’s final approval of this Amended Agreement will continue to be screened, evaluated and tested for disabilities to ensure that physical disability status is identified, treated and accommodated. Within six (6) months of the Court’s final approval of this Agreement, each Inmate with a health care code of 4 or above will be screened, tested and evaluated for physical disabilities. Each Inmate with a health care code of 3 or less will be evaluated within twelve (12) months of the Court’s final approval of this Agreement at the time of their annual physical. 2. ADOC will identify Inmates with intellectual disabilities through the use of appropriately administered tests under the following regimen. i. Beginning eight (8) months after the Court’s final approval of this Amended Agreement, Inmates coming into or returning to ADOC’s custody (“New Inmates”) will be screened for intellectual disabilities initially using the Beta III test. This testing will be performed in a group setting. A New Inmate who scores 80 or lower on the Beta III test will then be individually screened for intellectual disabilities using the most current version of the Weschler Abbreviated Scale of Intelligence (WASI). If the Inmate scores 75 or below on the WASI, no further IQ testing is necessary and the Inmate will be deemed to have an IQ equal to the Inmate’s WASI score. If the Inmate’s score on the Beta III is 80 or less, but the Inmate’s WASI score is greater than 75 but less than 79, then the Inmate will be given the most current version of the Weschler Adult Intelligence Scale, (WAIS), currently the WAIS IV. An Inmate who scores 79 or higher on the WASI, or 76 or higher on the WAIS, is deemed to have an IQ too high for further consideration of an intellectual disability. If an Inmate’s score on either the WASI or the WAIS is 75 or less, then additional testing to determine whether the Inmate has an intellectual or developmental disability will be p...
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Examination and Testing. 13.1 Tetra Tech may order tests (a) The Contractor must perform all tests required to be performed by the Contractor under this Contract (including all such tests referred to in Tetra Tech’s Project Requirements) or otherwise required by Good Industry Practice. (b) In addition to the tests required to be performed by the Contractor under this Contract, at any time before the expiry of the Defects Liability Period, Tetra Tech may direct that any Materials and Equipment or the Works be tested (“Additional Testing”). (c) The Contractor must provide such assistance and samples and make accessible such parts of the Works as may be required by Tetra Tech for inspection or testing. (d) Tetra Tech may direct that any part of the Works shall not be covered up or made inaccessible without Tetra Tech’s prior approval. (e) Tests must be conducted as provided in this Contract or by Tetra Tech or a person (which may include the Contractor) nominated by Tetra Tech. (f) Before conducting a test under this Contract, the party conducting the test, being Tetra Tech or the Contractor, will give reasonable notice in writing to the other party of the time, date and place of the test. If the other party does not then attend, the test may nevertheless proceed. (g) Without prejudice to any other right, if Tetra Tech or the Contractor delays in conducting a test, the other party, after giving reasonable notice in writing of its intention to do so, may conduct the test. (h) Results of tests must be promptly made available by each party to the other party. (i) On completion of the tests, the Contractor must, to the extent applicable, promptly make good the work tested so that it fully complies with this Contract and provide a detailed written report to Tetra Tech, describing any Defect identified by the testing and the action taken by the Contractor to remedy and make good that Defect.
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Examination and Testing a. In addition to any testing, examination or inspection requirements specified in the Agreement, Owner, as part of its inspection and at its own cost, may examine or may require Contractor to examine, inspect and test any materials and workmanship, or check the progress of manufacture of all materials and equipment being supplied. Owner shall cooperate with Contractor so that inspections do not cause any unreasonable delay, interference, or cost increase in the execution of the relevant Work. Any such inspection, examination or testing or waiver of such shall not constitute acceptance or be construed as an approval of such materials and workmanship or in any way affect or reduce Contractor’s obligations to complete the Work in accordance with this Agreement. b. If the Owner performs inspections or tests on the premises of Contractor or of a Technical Consultant or Subcontractor, Contractor shall furnish, and shall require each such Technical Consultant or Subcontractor to furnish, all reasonable facilities and assistance for the safe and convenient performance of these inspections or tests. c. If any of the Work does not conform to Agreement requirements, Owner may require Contractor to re-perform the Work in conformity with Agreement requirements. d. Inspection and testing by Owner shall not relieve Contractor from any responsibility to meet the Agreement requirements. e. Inspection and testing by Owner does not constitute acceptance of the Work to be provided under this Agreement. Acceptance of such Work shall be determined by any acceptance procedures set forth elsewhere in this Agreement, or otherwise by Owner’s failure to reject the Work within a reasonable time (but not more than thirty (30) Days) after completion of all Work under this Agreement. Acceptance shall not limit Contractor’s liability under applicable warranties, including the Warranty in Article 21.
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Examination and Testing 
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Related to Examination and Testing

  • Inspection and Testing Each Constructing Entity shall cause inspection and testing of the Interconnection Facilities that it constructs in accordance with the provisions of this section. The Construction Parties acknowledge and agree that inspection and testing of facilities may be undertaken as facilities are completed and need not await completion of all of the facilities that a Constructing Entity is building.

  • Inspection and Tests 3.8.1 The Procuring entity or its representative shall have the right to inspect and/or to test the goods to confirm their conformity to the Contract specifications. The Procuring entity shall notify the tenderer in writing in a timely manner, of the identity of any representatives retained for these purposes. 3.8.2 The inspections and tests may be conducted in the premises of the tenderer or its subcontractor(s), at point of delivery, and/or at the Goods’ final destination If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring entity. 3.8.3 Should any inspected or tested goods fail to conform to the Specifications, the Procuring entity may reject the equipment, and the tenderer shall either replace the rejected equipment or make alterations necessary to make specification requirements free of costs to the Procuring entity. 3.8.4 The Procuring entity’s right to inspect, test and where necessary, reject the goods after the Goods’ arrival shall in no way be limited or waived by reason of the equipment having previously been inspected, tested and passed by the Procuring entity or its representative prior to the equipment delivery. 3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from any warranty or other obligations under this Contract.

  • Examination and Review (i) After receipt of the Closing Statement, the Seller shall have thirty (30) days (the “Review Period”) to review the Closing Statement. During the Review Period, the Seller and the Seller’s accountants shall have full access to the books and records of the Company through the Closing Date, and work papers prepared by, the OpCo Buyer or the OpCo Buyer’s accountants to the extent that they relate to the Closing Statement and to such historical financial information (to the extent in the OpCo Buyer’s possession) relating to the Closing Statement as the Seller may reasonably request for the purpose of reviewing the Closing Statement and to prepare a Statement of Objections (defined below), provided, however, that such access shall be in a manner that does not interfere with the normal business operations of the OpCo Buyer or the Company. (ii) On or prior to the last day of the Review Period, the Seller may object to the Closing Statement by delivering to the OpCo Buyer a written statement setting forth the Seller’s objections in reasonable detail, indicating each disputed item or amount and the basis for the Seller’s disagreement therewith (the “Statement of Objections”). If the Seller fails to deliver the Statement of Objections before the expiration of the Review Period, the Closing Statement and the Post-Closing Adjustment, as the case may be, reflected in the Closing Statement shall be deemed to have been accepted by the Seller and shall be final and binding on the Seller and the OpCo Buyer. If the Seller delivers the Statement of Objections before the expiration of the Review Period, the OpCo Buyer and the Seller shall negotiate in good faith to resolve such objections within thirty (30) days after the delivery of the Statement of Objections (the “Resolution Period”), and, if the same are so resolved within the Resolution Period, the Post-Closing Adjustment and the Closing Statement with such changes as may have been previously agreed in writing by the OpCo Buyer and the Seller shall be final and binding. (iii) If the Seller and the OpCo Buyer fail to reach an agreement with respect to all of the matters set forth in the Statement of Objections before the expiration of the Resolution Period, then any amounts remaining in dispute (“Disputed Amounts”) shall be submitted for resolution to the office of the Independent Accountant or, if the Independent Accountant is unable to serve, the OpCo Buyer and the Seller shall appoint by mutual agreement the office of an impartial nationally recognized firm of independent certified public accountants other than any accountants previously engaged by the Seller or the OpCo Buyer (unless such previously engaged accountants are agreed to by the OpCo Buyer and the Seller, the “Independent Accountant”) who, acting as experts and not arbitrators, shall resolve the Disputed Amounts only and make any adjustments to the Post-Closing Adjustment, as the case may be, and the Closing Statement. The Seller and the OpCo Buyer agree that all adjustments shall be made without regard to materiality. The Independent Accountant shall only decide the specific items under dispute by the Seller and the OpCo Buyer and its decision for each Disputed Amount must be within the range of values assigned to each such item in the Closing Statement and the Statement of Objections, respectively. (iv) The fees and expenses of the Independent Accountant shall be paid by the Seller, on the one hand, and by the OpCo Buyer, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Seller or the OpCo Buyer, respectively, bears to the aggregate amount actually contested by the Seller and the OpCo Buyer. (v) The Independent Accountant shall make a determination as soon as practicable within thirty (30) days (or such other time as the Seller and the OpCo Buyer shall agree in writing) after its engagement, and its resolution of the Disputed Amounts and its adjustments to the Closing Statement or the Post-Closing Adjustment, absent fraud or manifest error, shall be conclusive and binding upon the Seller and the OpCo Buyer.

  • Inspections and Tests 26.1 The Supplier shall at its own expense and at no cost to the Procuring Entity carry out all such tests and/or inspections of the Goods and Related Services as are specified in the SCC. 26.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at the Goods' final destination, or in another place in Kenya as specified in the SCC. Subject to GCC Sub-Clause 26.3, if conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring Entity. 26.3 The Procuring Entity or its designated representative shall be entitled to attend the tests and/or inspections referred to in GCC Sub-Clause 26.2, provided that the Procuring Entity bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all travelling and board and lodging expenses. 26.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to the Procuring Entity. The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Procuring Entity or its designated representative to attend the test and/or inspection. 26.5 The Procuring Entity may require the Supplier to carry out any test and/or inspection not required by the Contract but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract, provided that the Supplier's reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impedes the progress of manufacturing and/or the Supplier's performance of its other obligations under the Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and the other obligations so affected. 26.6 The Supplier shall provide the Procuring Entity with a report of the results of any such test and/or inspection. 26.7 The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity, and shall repeat the test and/or inspection, at no cost to the Procuring Entity, upon giving a notice pursuant to GCC Sub- Clause 26.4. 26.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Procuring Entity or its representative, nor the issue of any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from any warranties or other obligations under the Contract.

  • Search, Enquiry, Investigation, Examination And Verification a. The Property is sold on an “as is where is basis” subject to all the necessary inspection, search (including but not limited to the status of title), enquiry (including but not limited to the terms of consent to transfer and/or assignment and outstanding charges), investigation, examination and verification of which the Purchaser is already advised to conduct prior to the auction and which the Purchaser warrants to the Assignee has been conducted by the Purchaser’s independent legal advisors at the time of execution of the Memorandum. b. The intending bidder or the Purchaser is responsible at own costs and expenses to make and shall be deemed to have carried out own search, enquiry, investigation, examination and verification on all liabilities and encumbrances affecting the Property, the title particulars as well as the accuracy and correctness of the particulars and information provided. c. The Purchaser shall be deemed to purchase the Property in all respects subject thereto and shall also be deemed to have full knowledge of the state and condition of the Property regardless of whether or not the said search, enquiry, investigation, examination and verification have been conducted. d. The Purchaser shall be deemed to have read, understood and accepted these Conditions of Sale prior to the auction and to have knowledge of all matters which would have been disclosed thereby and the Purchaser expressly warrants to the Assignee that the Purchaser has sought independent legal advice on all matters pertaining to this sale and has been advised by his/her/its independent legal advisor of the effect of all the Conditions of Sale. e. Neither the Assignee nor the Auctioneer shall be required or bound to inform the Purchaser of any such matters whether known to them or not and the Purchaser shall raise no enquiry, requisition or objection thereon or thereto.