EXAMINATION OF THE SITE Clause Samples

The "Examination of the Site" clause requires parties, typically contractors or bidders, to thoroughly inspect the physical location where work will be performed before entering into an agreement. This process involves reviewing site conditions, access points, existing structures, and any potential obstacles or hazards that could affect the project. By mandating this examination, the clause ensures that parties are fully informed about the site's characteristics, reducing the risk of unforeseen issues and disputes during project execution.
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EXAMINATION OF THE SITE. The Contractor shall visit the site of the proposed Work and make a thorough study of the existing conditions so that he will be fully aware of the facilities, difficulties and restrictions attending the execution of the Work under the Contract. Failure to visit and inspect the work areas will in no way relieve the Contractor of his responsibilities as defined and described in the Contract Documents. The Contractor shall study the existing conditions and fully identify in writing the areas and quantities included in the execution of Work of the Contract.
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EXAMINATION OF THE SITE. 1.6.1 The Contractor represents and warrants that in entering into the Contract, it has visited and carefully examined the Place of Work in accordance with the standard described in GC 1.7.1 and GC 13.1 and 13.2 and satisfied itself as to the scope and character of the Work and all conditions affecting the Work, including, without limitation, the Owner’s use and occupancy requirements, physical conditions of the Place of Work, the nature and location of the Work, conditions relating to the transportation, handling and storage of materials, availability of and proximity to labour, materials, services, utilities and facilities, access to the site, weather conditions and other aspects and matters regarding the completion of the Work within the Contract Time and Contract Price or that, not having acted in accordance with the standard described in GC 1.7.1 and GC 13.1 and 13.2 or not having carried out such visit and examination, the Contractor has assumed and does hereby assume all risk of conditions now existing or arising in the course of the Work which might or could make the Work more expensive or more onerous to fulfill, including safety and toxic or hazardous conditions and which would have been revealed by a Contractor acting in accordance with the standard described in GC 1.7.1 and GC 13.1 and 13.2.” 4.8 Add new paragraph: “GC 1.7 – DILIGENCE, CARE AND SKILL 1.7.1 In performing the Work, the Contractor shall at all times exercise the standard of diligence, care and skill that would normally be provided by an experienced, skilled and prudent contractor supplying similar services in a timely and good and workmanlike manner.” 4.9 Add new paragraph:
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EXAMINATION OF THE SITE. 1.6.1 The Contractor represents and warrants that in entering into the Contract, it has visited and carefully examined the Place of Work in accordance with the standard described in GC 1.7.1 and GC 13.1 and 13.2 and satisfied itself as to the scope and character of the Work and all conditions affecting the Work, including, without limitation, the Owner’s use and occupancy requirements, physical conditions of the Place of Work, the nature and location of the Work, conditions relating to the transportation, handling and storage of materials, availability of and proximity to labour, materials, services, utilities and facilities, access to the site, weather conditions and other aspects and matters regarding the completion of the Work within the Contract Time and Contract Price or that, not having acted in accordance with the standard described in GC 1.7.1 and GC 13.1 and 13.2 or not having carried out such visit and examination, the Contractor has assumed and does hereby assume all risk of conditions now existing or arising in the course of the Work which might or could make the Work more expensive or more onerous to fulfill, including safety and toxic or hazardous conditions and which would have been revealed by a Contractor acting in accordance with the standard described in GC 1.7.1 and GC 13.1 and 13.2.”
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EXAMINATION OF THE SITE. 5.1 The Contractor shall carefully examine the site so as to acquaint himself thoroughly with all conditions prior to the submission of the bid; no allowance will be made for lack of full knowledge of all conditions. The Contractor should carefully examine the areas adjacent to the site where he may place his materials and equipment, and ensure that protection to adjacent public areas is put in place at the start of the works.
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EXAMINATION OF THE SITE. Before submitting a proposal, each bidder shall visit and examine the sites, and fully inform himself as to the existing conditions under which he will be obliged to operate in performing his part of the work, or which will in any manner affect his work under this contract. He shall include in his proposal any and all sums required to execute his work under existing conditions.
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EXAMINATION OF THE SITE. The Supplier warrants that it has examined the Site, and has fully satisfied itself of: a) all the conditions at, under, over or in the vicinity of the Site, the climatic conditions in the locality of the Site, the nature of and access to the Site; b) how performance of the Works or supply of the Goods may be affected by prior, concurrent or subsequent work carried out by others; c) the nature, quality, extent and amount of labour, plant, materials, equipment, machinery, vehicles, tools, facilities and services required, and all other matters which might in any way affect the supply of the Goods or performance of the Works. The Supplier hereby acknowledges it has not and shall not rely on any information given, or statement made to it, by ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ in respect of the condition or future condition of the Site unless such statement is included in the Works Order.
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EXAMINATION OF THE SITE. By executing this Agreement, Contractor represents that its representatives have visited the Project site, become familiar with the local conditions under which the Work is to be completed, and correlated their personal observations with the requirements of this Contract.
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EXAMINATION OF THE SITE. Before submitting a response on the work contained in these specifications, each responder must visit the site, examine the premise, and thoroughly familiarize itself with all existing conditions, dimensions and limitations pertaining to the work involved. No extras will be allowed because of the contractor’s misunderstanding as to the amount of work entailed, or lack of knowledge of existing conditions. A mandatory site visit is required of each responding vendor prior to bid due date.
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Related to EXAMINATION OF THE SITE

  • Examination The Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with the Borrower’s instructions or other irregularity, the Borrower will immediately notify the L/C Issuer. The Borrower shall be conclusively deemed to have waived any such claim against the L/C Issuer and its correspondents unless such notice is given as aforesaid.

  • 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.

  • Examinations The Company has not received any notice that any Employee Benefit Plan is currently the subject of an audit, investigation, enforcement action or other similar proceeding conducted by any state or federal agency or authority.

  • Examination of Mortgage Files At least ten (10) Business Days prior to the related Closing Date, the Seller shall either (a) deliver to the Purchaser or its designee in escrow, for examination with respect to each Mortgage Loan to be purchased, the related Mortgage File, including a copy of the Assignment of Mortgage, pertaining to each Mortgage Loan, or (b) make the related Mortgage File available to the Purchaser for examination at such other location as shall otherwise be acceptable to the Purchaser. Such examination of the Mortgage Files may be made by the Purchaser or its designee at any reasonable time before or after the related Closing Date. If the Purchaser makes such examination prior to the related Closing Date and determines, in its sole discretion, that any Mortgage Loans do not conform to any of the requirements set forth in the related Purchase Price and Terms Agreement, or as an Exhibit annexed thereto, the Purchaser may delete such Mortgage Loans from the related Mortgage Loan Schedule, and such Deleted Mortgage Loan (or Loans) may be replaced by a Qualified Substitute Mortgage Loan (or Loans) acceptable to the Purchaser. The Purchaser may, at its option and without notice to the Seller, purchase some or all of the Mortgage Loans without conducting any partial or complete examination. The fact that the Purchaser or its designee has conducted or has failed to conduct any partial or complete examination of the Mortgage Files shall not impair in any way the Purchaser's (or any of its successor's) rights to demand repurchase, substitution or other relief as provided in this Agreement. In the event that the Seller fails to deliver the Mortgage File with respect to any Mortgage Loan, the Seller shall, upon the request of the Purchaser, repurchase such Mortgage Loan as the price and in the manner specified in Subsection 9.03.

  • EXAMINATION OF MORTGAGE FILES AND DUE DILIGENCE REVIEW 3.1 Seller shall (i) deliver to Purchaser on or before the Closing Date a diskette acceptable to Purchaser that contains such information about the Mortgage Loans as may be reasonably requested by Purchaser, (ii) deliver to Purchaser on or before the Closing Date investor files (collectively the “Collateral Information”) with respect to the Mortgage Loans proposed to be included in the Issuing Entity and made available at Purchaser’s headquarters in New York, and (iii) otherwise cooperate fully with Purchaser in its examination of the credit files, underwriting documentation and Mortgage Files for the Mortgage Loans and its due diligence review of the Mortgage Loans. The fact that Purchaser has conducted or has failed to conduct any partial or complete examination of the credit files, underwriting documentation or Mortgage Files for the Mortgage Loans shall not affect the right of Purchaser or the Trustee to cause Seller to cure any Material Defect, or to repurchase or replace the defective Mortgage Loans pursuant to Section 5 hereof. 3.2 On or prior to the Closing Date, Seller shall allow representatives of Purchaser and any designees thereof to examine and audit all books, records and files pertaining to the Mortgage Loans, Seller’s underwriting procedures and Seller’s ability to perform or observe all of the terms, covenants and conditions of this Agreement. Such examinations and audits shall take place upon reasonable prior advance notice at one or more offices of Seller during normal business hours and shall not be conducted in a manner that is disruptive to Seller’s normal business operations. In the course of such examinations and audits, Seller will make available to such representatives of Purchaser and any designees thereof reasonably adequate facilities, as well as the assistance of a sufficient number of knowledgeable and responsible individuals who are familiar with the Mortgage Loans and the terms of this Agreement, and Seller shall cooperate fully with any such examination and audit in all material respects. On or prior to the Closing Date, Seller shall provide Purchaser with all material information regarding Seller’s financial condition and access to knowledgeable financial or accounting officers for the purpose of answering questions with respect to Seller’s financial condition, financial statements as provided to Purchaser or other developments affecting Seller’s ability to consummate the transactions contemplated hereby or otherwise affecting Seller in any material respect. Within forty-five (45) days after the Closing Date, Seller shall provide the Master Servicer with any additional information identified by the Master Servicer as necessary to complete the CREFC® Property File, to the extent that such information is available to Seller. 3.3 Purchaser may exercise any of its rights hereunder through one or more designees or agents, provided Purchaser has provided Seller with prior notice of the identity of such designee or agent. 3.4 Purchaser shall keep confidential any information regarding Seller and, to the extent required pursuant to the terms of the Pooling and Servicing Agreement, the Mortgage Loans that has been delivered into Purchaser’s possession and that is not otherwise publicly available; provided, that such information shall not be kept confidential (and the right to require confidentiality under any confidentiality agreement is hereby waived) to the extent Purchaser deems such information necessary and appropriate or required to be included in the Preliminary Memorandum, the Final Memorandum, the Preliminary Prospectus, the Prospectus (as defined in the Pooling and Servicing Agreement) or any other disclosure document relating to the Certificates or Purchaser is required by law or court order to disclose such information. If Purchaser is required or otherwise deems it necessary and appropriate to disclose in the Preliminary Prospectus, the Preliminary Memorandum, the Final Memorandum, the Prospectus or any other disclosure document relating to the Certificates confidential information regarding Seller as described in the preceding sentence, Purchaser shall provide to Seller a copy of the proposed form of such disclosure prior to making such disclosure and Seller shall promptly, and in any event within two (2) Business Days, notify Purchaser of any inaccuracies therein, in which case Purchaser shall modify such form in a manner that corrects such inaccuracies. If Purchaser is required by law or court order to disclose confidential information regarding Seller as described in the second preceding sentence, Purchaser shall notify Seller and cooperate in Seller’s efforts to obtain a protective order or other reasonable assurance that confidential treatment will be accorded such information and, if in the absence of a protective order or such assurance, Purchaser is compelled as a matter of law to disclose such information, Purchaser shall, prior to making such disclosure, advise and consult with Seller and its counsel as to such disclosure and the nature and wording of such disclosure and Purchaser shall use reasonable efforts to obtain confidential treatment therefor. Notwithstanding the foregoing, if reasonably advised by counsel that Purchaser is required by a regulatory agency or court order to make such disclosure immediately, then Purchaser shall be permitted to make such disclosure without prior review by Seller and shall give Seller prompt notice of such disclosure.