Common use of Joint Appointee Investigation Clause in Contracts

Joint Appointee Investigation. 4.5.1 The Limited Partnerships shall provide the Joint Appointee with copies of the reports referred to in Sections 4.1 (subject to prior receipt of same by OFN Limited Partnership), 4.2 and 4.3 (subject to, in the case of OFN Limited Partnership, receipt of same from MFN Limited Partnership) in accordance with the terms thereof. 4.5.2 The Joint Appointee shall be entitled to make reasonable inquiries of, and to request for inspection any document which, in the opinion of the Joint Appointee is or may be relevant, from OFN Limited Partnership, MFN Limited Partnership or, subject to this Section 4.5, a Limited Partner that has received distributions from OFN Limited Partnership. Where the Joint Appointee wishes to obtain relevant information or documents from a Limited Partner, the Joint Appointee shall first request OFN Limited Partnership to obtain the information and documents. If the Joint Appointee makes such a request of OFN Limited Partnership, OFN Limited Partnership shall make such request of the Limited Partner. If the Joint Appointee, after the request or delivery, or both, of the requested information and documents from the Limited Partner as provided through OFN Limited Partnership, determines that a direct approach to the Limited Partner is required to obtain further information or documents, the Joint Appointee may request such information and documents directly from the Limited Partner. 4.5.3 Without prejudice to any other provision of this Agreement, refusal on the part of OFN Limited Partnership, MFN Limited Partnership or a Limited Partner that has received distributions from OFN Limited Partnership to provide the documents referred to in this Section 4.5 or to respond to the reasonable inquiries made by the Joint Appointee in a timely manner will constitute a violation of this Agreement for which a remedy may be sought by the Province under Article 9. A failure by OFN Limited Partnership to deliver information which it has not received shall not be a refusal by OFN Limited Partnership for the purposes of this Section 4.5. 4.5.4 All information, records or documents provided to the Joint Appointee will be treated by it as confidential and not disclosed to any party to this Agreement except for the purposes of recommending (where appropriate) the identification of a concern under Article 9 and the determination of a dispute under Article 9 and will not be disclosed to any other person.

Joint Appointee Investigation. 4.5.1 The Limited Partnerships shall provide the Joint Appointee with copies of the reports referred to in Sections 4.1 (subject to prior receipt of same by OFN Limited Partnership), 4.2 and 4.3 (subject to, in the case of OFN Limited Partnership, receipt of same from MFN Limited Partnershipa) in accordance with the terms thereof. 4.5.2 The Joint Appointee shall be entitled to make reasonable inquiries of, and to request for inspection inspection, any document which, in the opinion of the Joint Appointee is or may be relevant, from OFN Limited Partnership, MFN Limited the Partnership or, subject to this Section 4.5section 5.6, from a Limited Partner that has received distributions a Limited Partner Distribution from OFN Limited the Partnership. Where the Joint Appointee wishes to obtain relevant information or documents from a Limited Partner, the Joint Appointee shall first request OFN Limited the Partnership to obtain the information and documents. If the Joint Appointee makes such a request of OFN Limited the Partnership, OFN Limited the Partnership shall make such request of the Limited Partner. If the Joint Appointee, after the request or delivery, or both, of the requested information and documents from the Limited Partner as provided through OFN Limited the Partnership, determines that a direct approach to the Limited Partner is required to obtain further information or documents, the Joint Appointee may request such information and documents directly from the Limited Partner. 4.5.3 Without prejudice (b) The Partnership Agreement provides, and will continue to provide, that any other provision of this Agreement, refusal on the part of OFN Limited Partnership, MFN Limited Partnership or a Limited Partner that has received distributions Limited Partner Distributions from OFN Limited the Partnership and fails to provide the documents referred to in this Section 4.5 section 5.6 or to respond to the reasonable inquiries made by the Joint Appointee in a timely manner will constitute a violation be in default of this the Partnership Agreement for which a remedy may be sought by and subject to suspension or forfeiture of its Limited Partner Distributions in accordance with the Province under Article 9. A failure by OFN Limited provisions of the Partnership to deliver information which it has not received shall not be a refusal by OFN Limited Partnership for the purposes of this Section 4.5Agreement. 4.5.4 (c) All information, records or documents provided to the Joint Appointee will be treated by it the Joint Appointee as confidential and not disclosed to any party to this Agreement except for the purposes of recommending (where appropriate) the identification of a concern under Article 9 and the determination of a dispute under Article 9 and will not be disclosed Party or to any other personPerson except as specifically required by the terms of this Agreement or the terms of the Joint Retainer Agreement with the Joint Appointee.