Inspection by Operator Sample Clauses

Inspection by Operator. (a) Subject to Clause 6.3(b), the Operator may, prior to the initial commencement of Train Services, at its cost and risk, inspect the Infrastructure and circumstances surrounding the Infrastructure comprising the Nominated Network including, but not limited to, fencing and level crossing protection in order to satisfy itself as to the standard of the Infrastructure and assess the operational, environmental and safety risks associated with operation of Train Services on the Infrastructure. (b) Any inspection by the Operator under Clause 6.3(a) shall be subject to (i) the Operator providing reasonable written notice to QR Network of its requirement to inspect the Infrastructure and conducting that inspection at reasonable times; (ii) any such inspection being conducted in the presence of a representative of QR Network; and (iii) such other reasonable conditions as may be imposed by QR Network on such inspection including, but not limited to, compliance with QR Network’s Safeworking Procedures and Safety Standards; and shall be conducted in such a manner as to not cause any disruption to any Train Movements or to the undertaking of Maintenance Work or Enhancements.
View SourceView Similar (11)
Inspection by Operator. (a) Subject to Clause 7.3(b), the Operator may, prior to the initial commencement of Train Services, at its cost and risk, inspect the Infrastructure and circumstances surrounding the Infrastructure comprising the Nominated Network including, but not limited to, fencing and level crossing protection in order to satisfy itself as to the standard of the Infrastructure and assess the operational, environmental and safety risks associated with operation of Train Services on the Infrastructure. (b) Any inspection by the Operator under Clause 7.3(a) shall be subject to: (i) the Operator providing reasonable written notice to Aurizon Network of its requirement to inspect the Infrastructure and conducting that inspection at reasonable times; (ii) any such inspection being conducted in the presence of a representative of Aurizon Network; and (iii) such other reasonable conditions as may be imposed by Aurizon Network on such inspection including, but not limited to, compliance with Aurizon Network’s Safeworking Procedures and Safety Standards, and shall be conducted in such a manner as to not cause any disruption to any Train Movements or to the undertaking of Maintenance Work or Enhancements.
View SourceView Similar (9)
Inspection by Operator. Operator shall have the right to inspect and reject for any valid cause any items furnished by Contractor and Contractor, shall replace or repair at its sole expense such items so rejected with items free of defects, to the satisfaction of Operator.
View SourceView Similar (4)
Inspection by Operator. Operator enters into this contract after and in reliance upon his own full and complete examination of the forest products to be removed, and not by reason of any representation as to their merchantability, specific attributes or otherwise, made by Owner.
View SourceView Similar (2)
Inspection by Operator. The Parties agree to the following pre-Construction Completion cooperative procedures: (a) At least fifteen (15) days prior to scheduled commencement of the Project Co Commissioning Work on the ▇▇▇▇▇ ▇▇▇▇▇▇ OMF Part B and the remaining Project Work, respectively, Operator shall be afforded the access and opportunity to inspect the relevant Infrastructure and to attend at and observe all Project Co Commissioning activities to satisfy itself that the Infrastructure will permit Operator to satisfy the OM&R Obligations (the “OM&R Infrastructure Requirements”). (b) At least ten (10) days prior to the Phase 1 Construction Completion Date and the Construction Completion Date (as applicable), Operator shall notify the City and Project Co in writing whether its inspection has revealed any Deficiencies or non-compliance with the OM&R Infrastructure Requirements. Such written notice will set out any Deficiencies or non-compliance with the OM&R Infrastructure Requirements identified by Operator in the course of its inspection. Such notice will not constitute acceptance by Operator of the Infrastructure. If the City agrees that any of the items identified by Operator constitute Deficiencies, the City shall notify Project Co to that effect and Project Co will be required to correct or remedy same in accordance with Project Co’s obligation to perform Warranty Work pursuant to the Project Agreement. (c) Under no circumstances shall Operator’s actions under this Section 3.7 [Inspection by Operator] (including the failure to note Deficiencies or non-compliance with the OM&R Infrastructure Requirements) be construed to imply that Operator has assumed any obligation or liability with respect to the design, construction or commissioning of the Infrastructure, nor shall any such actions or failure to note deficiencies derogate from Project Co’s obligation to design, construct and commission the Infrastructure in accordance with the Project Requirements.
View Source
Inspection by Operator. User agrees to permit Operator or an authorized agent to inspect the Aircraft at any reasonable time and to furnish any information in respect to the Aircraft and its use that Operator may reasonably request. Operator shall, at its own expense, at all times during the Term of this Agreement, inspect the Aircraft or cause the Aircraft to be inspected so as to keep the Aircraft currently certified as airworthy and in good and safe order, repair and condition in accordance with the Federal Aviation Administration (“FAA”), Department of Transportation and any other governmental authority, domestic or foreign, having jurisdiction therefor.
View Source

Related to Inspection by Operator

  • Investigation by Purchaser (a) Each Buyer Party acknowledges that it and its representatives have been permitted reasonable access to the Books and Records, facilities, equipment, Tax Returns, Contracts, insurance policies (or summaries thereof) and other Properties of the Acquired Companies, and that it and its representatives have had a reasonable opportunity to meet with the officers and employees of the Acquired Companies to discuss the Business. Each of the Buyer Parties further acknowledges that, except as set forth in this Agreement or any of the Ancillary Agreements, the Schedules and the certificates to be delivered at the Closing, (i) none of Seller, the Acquired Companies or any other Person has made any representation or warranty, expressed or implied, as to the Acquired Companies or the accuracy or completeness of any information regarding the Acquired Companies furnished or made available to the Buyer Parties and their respective representatives, (ii) neither Buyer Party has relied on any representation or warranty from Seller, the Acquired Companies or any other Person in determining to enter into this Agreement, and (iii) neither Seller nor any other Person shall have or be subject to any liability to the Buyer Parties or any other Person resulting from the distribution to the Buyer Parties or any other Person, or the Buyer Parties’ or any other Person’s use of, any information, documents or material made available to the Buyers Parties’ or any other Person in any “data rooms,” management presentations or in any other form in expectation of the Transactions. (b) As of the date of this Agreement, the Buyer Parties and their respective Affiliates do not have any actual knowledge that the representations and warranties of Seller made in this Agreement qualified as to materiality are not true and correct, or that those not so qualified are not true and correct in any material respect. The Buyer Parties do not have any actual knowledge of any material errors in, or omissions from, any Schedule.

  • INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled. 8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement. 8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.