Verification of Dimensions and Existing Conditions Sample Clauses

Verification of Dimensions and Existing Conditions. The ESCO is responsible for becoming knowledgeable of the conditions of the Facility relating to the performance of the work and the conditions under which the work is to be performed, other than concealed conditions which the ESCO should not have reasonably been expected to discover or anticipate. All dimensions and existing conditions have been verified by the ESCO during the energy analysis conducted at the Facility by actual measurement and observation. All discrepancies between the requirements of the Project Documents and the existing conditions or dimensions shall be reported to the University as soon as they are discovered. Failure to verify and report shall constitute the ESCO’s acceptance of existing conditions as fit for the proper execution of the work under this Agreement, other than concealed conditions which the ESCO should not have reasonably been expected to discover or anticipate.
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Verification of Dimensions and Existing Conditions. The COMPANY is responsible for becoming knowledgeable of the conditions of the Premises relating to the performance of the Work and the conditions under which the Work is to be performed, other than concealed conditions which the COMPANY should not have reasonably been expected to discover or anticipate. All dimensions and existing conditions have been verified by the COMPANY during the energy audit conducted at the Premises by actual measurement and observation. All discrepancies between the requirements of the Project Documents and the existing conditions or dimensions shall be reported to the CUSTOMER as soon as they are discovered. Failure to verify and report prior to the commencement of work shall constitute the COMPANY’s acceptance of existing conditions as fit for the proper execution of the Work under this Agreement, other than concealed conditions which the COMPANY should not have reasonably been expected to discover or anticipate.
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Verification of Dimensions and Existing Conditions. All dimensions and existing conditions shall be verified by the DB Entity by actual measurement and observation. Failure to verify shall constitute the DB Entity’s acceptance of existing conditions as fit for the proper execution of its work.
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Verification of Dimensions and Existing Conditions. The ESCOCOMPANY is responsible for becoming knowledgeable of the conditions of the Premises relating to the performance of the Work and the conditions under which the Work is to be performed, other than concealed conditions which the COMPANY should not have reasonably been expected to discover or anticipate. All dimensions and existing conditions have been verified by the ESCOCOMPANY during the energy audit conducted at the Premises by actual measurement and observation. All discrepancies between the requirements of the Project Documents and the existing conditions or dimensions shall be reported to the ISSUERCUSTOMER as soon as they are discovered. Failure to verify and report prior to the commencement of work shall constitute the ESCOCOMPANY’s acceptance of existing conditions as fit for the proper execution of the Work under this Agreement, other than concealed conditions which the COMPANY should not have reasonably been expected to discover or anticipate.
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Related to Verification of Dimensions and Existing Conditions

  • Conditions to Obligation of the Company to Effect the Merger The obligation of the Company to effect the Merger is further subject to the fulfillment (or written waiver by the Company) of the following conditions: (a) (i) The representations and warranties of Parent and Merger Sub set forth in this Agreement which are qualified by a “Parent Material Adverse Effect” qualification will be true and correct in all respects as so qualified at and as of the date of this Agreement and at and as of the Closing Date as though made at and as of the Closing Date and (ii) the representations and warranties of Parent set forth in this Agreement which are not qualified by a “Parent Material Adverse Effect” qualification will be true and correct at and as of the date of this Agreement and at and as of the Closing Date as though made at and as of the Closing Date; provided, however, that, with respect to clauses (i) and (ii) hereof, representations and warranties that are made as of a particular date or period will be true and correct (in the manner set forth in clauses (i) or (ii), as applicable) only as of such date or period. (b) Parent and Merger Sub will have performed in all material respects all obligations and complied in all material respects with all covenants required by this Agreement to be performed or complied with by it prior to the Effective Time. (c) Parent will have delivered to the Company a certificate, dated as of the Closing Date and signed by its Chief Executive Officer or another senior officer, certifying to the effect that the conditions set forth in Section 6.2(a) and Section 6.2(b) have been satisfied. (d) Parent will have deposited, or will have cause to be deposited, the amounts contemplated by Section 2.2(a) with the Exchange Agent.

  • Preservation of Existence and Similar Matters Except as otherwise permitted under Section 9.4., the Borrower shall, and shall cause each other Loan Party and each other Subsidiary to, preserve and maintain its respective existence, rights, franchises, licenses and privileges in the jurisdiction of its incorporation or formation and qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification and authorization and where the failure to be so authorized and qualified could reasonably be expected to have a Material Adverse Effect.

  • Compliance with Financial Covenants Schedule A attached hereto sets forth financial data and computations evidencing the Borrower’s compliance with certain covenants of the Agreement, all of which data and computations are true, complete and correct.

  • NOTIFICATION OF PUBLIC EVENTS AND MEETINGS 17 A. CONTRACTOR shall notify ADMINISTRATOR of any public event or meeting funded in whole 18 or in part by COUNTY, except for those events or meetings that are intended solely to serve Clients or 19 occur in the normal course of business. 20 B. CONTRACTOR shall notify ADMINISTRATOR at least thirty (30) business days in advance of 21 any applicable public event or meeting. The notification must include the date, time, duration, location 22 and purpose of the public event or meeting. Any promotional materials or event related flyers must be 23 approved by ADMINISTRATOR prior to distribution. 24

  • Certain Financial Covenants In addition to the covenants described in Section 5.1 and Section 5.2, so long as any Commitment remains in effect, any Advance is outstanding or any amount is owing to any Lender hereunder or under any other Loan Document, the Borrower will perform and comply with each of the covenants set forth on Schedule VI.