Access and Inspection Rights. Lessor or its agents and Lessor Lender (or the agent for such Lessor Lender if requested in writing by Lessor) may, at their sole cost and expense, inspect the Leased Property during normal business hours at such locations where the same is located or kept in Lessee’s ordinary course of business, after not less than five (5) Business Days prior notice to Lessee; provided, however, neither Lessor, any Lessor Lender nor any agent for any Lessor Lender shall have any right to inspect any of the Leased Property without a representative of Lessee being present and Lessor and Lessor Lender (or its agent, if applicable) shall abide by Lessee’s reasonable rules and regulations (including those governing matters of health and safety) when making such inspections; provided, further, that, unless (i) Lessee’s interest under this Lease has been assigned to a Person that is not a Permitted Lessee Transferee, (ii) a Lessee Event of Default has occurred and is continuing (or Lesser has reason to believe that a Lessee Event of Default may have occurred and be continuing) or (iii) Lessee discontinues operations of the Leased Property, and excluding inspections made with respect to restorations following a casualty or condemnation as such inspections are permitted by and pursuant to Article XV or Article XVI, Lessor Lender (or the agent for such Lessor Lender if requested in writing by Lessor) may inspect the Leased Property no more frequently than once per calendar year and Lessor may inspect the Leased Property no more frequently than twice per calendar year. Lessee shall use commercially reasonable efforts to cause its representative to be present for Lessor’s inspection when notice is given as required by this subsection (a). In the event Lessee is unable to provide a representative of Lessee to be present for a Lessor or Lessor Lender inspection at any time during a thirty (30) consecutive day period, Lessee shall pay to Lessor a $10,000 penalty. Under no circumstances shall Lessor permit its inspection or any inspection by Lessor Lender (or the agent for such Lessor Lender if requested in writing by Lessor) to interfere with Lessee’s ordinary operation of the Leased Property or with Lessee’s business.
Access and Inspection Rights. Given Tenant’s rights of occupancy under the Lease, there is no need to further address rights of access and physical conditions inspections. Tenant’s leasehold adequately vests in Tenant the requisite inspection privileges.
Access and Inspection Rights. Buyer and its agents, employees and representatives, contractors and consultants shall at any time, and from time to time, between the Effective Date and the Closing Date, have reasonable access during normal business hours to the Facility and all books and records for the Facility that are in Seller’s or the Existing Manager’s possession or control for the purpose of conducting surveys, inspections, tests and studies, including, without limitation, engineering, geotechnical and environmental inspections and tests; provided, however, that Buyer will work directly with the Existing Manager to conduct any and all investigations necessary of all books and records for the Facility that are in the possession or control of the Existing Manager. In the course of its investigation of the Property, Buyer may make inquiries to third parties, including, without limitation, lenders, contractors, Existing Manager (including, without limitation, employees thereof), parties to any service contracts affecting the Facility, and municipal, local and other government officials and representatives. Seller shall cooperate with Buyer's due diligence during normal business hours so long as Buyer gives at least forty-eight (48) hours' notice to Seller and the Existing Manager, conducts such due diligence during normal business hours and is not disruptive to the operation of the business at the Facility or the quiet enjoyment thereof by its residents, and shall be paid for by Buyer as and when due. Buyer shall indemnify, defend, protect and hold Seller harmless from any and all claims, liabilities, losses, expenses (including reasonable attorneys' fees), damages, including those for injury to person or to the Property, arising out of or relating to Buyer's due diligence activities (except for any pre-existing conditions). If Buyer is not satisfied in its sole discretion with any of survey, inspection, test or study or with any other matter concerning the Property, then Buyer may terminate this Agreement by written notice given to Seller on before the date of expiration of the Due Diligence Period, whereupon the Deposit plus accrued interest shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Agreement, except those that survive the termination of this Agreement as expressly stated herein. If the written notice of termination is not given to Seller and the Escrow Holder prior to the expiration of the Due Diligence Period, then...
Access and Inspection Rights. (a) Except as otherwise set forth herein, and without duplication of any other provision set forth in this Agreement, as and when so requested by the Company for purposes of verifying bills submitted to the Company pursuant to Section 3.05(a) and/or Seller's performance of the Services as specified by this Agreement, or complying with a request of a Government Entity acting pursuant to Law and/or any Order with respect to the Core Business, Seller shall, during normal business hours from time to time permit an inspection (an "INSPECTION") wherein Seller shall (i) make Books and Records concerning the Core Business (to the extent not already converted or transferred to the Company or the Post Closing Administrator), the performance of Services provided pursuant to this Agreement and/or the bills submitted to the Company pursuant to Section 3.05(a), available for inspection (and available for copying at the Company's expense) by the Company and its authorized Representatives, who shall, subject to the terms of Article 6 herein, have the right to take copies of or extracts from any such Books and Records and (ii) provide to the Company and its Representatives access in accordance with, MUTATIS MUTANDIS, the provisions set forth in Section 5.02(b) of the SPA. All such inspections conducted by the Company or its authorized Representatives shall be conducted at the Company's cost, subject to Section 5.02(b) of the SPA.
(b) Upon request of the Company, Seller shall provide to the Company a letter in the form customarily provided by Seller to recipients of its administrative services certifying its compliance with the Xxxxxxxx-Xxxxx Act of 2002, 15 U.S.C. 7201 et seq., as such statute may be amended from time to time. If and to the extent that Seller obtains external audit opinions relating principally to the Core Business and the Services provided hereunder (including, but not limited to, any external auditor's management letters, SAS 70 Type II audit reports prepared in accordance with Statement of Auditing Standards No. 70, if and to the extent any such reports are prepared by Seller, as applicable), Seller shall provide copies of such opinions to the Company.
(c) At Seller's expense, Seller shall reasonably cooperate with the Company, its auditors (including internal audit staff), examiners, regulators, consultants and other Representatives and provide such assistance and access to personnel and Books and Records of the Core Business as is reasonably required ...
Access and Inspection Rights. The upstream Party shall be entitled at any time, [upon giving not less than five Business Days' prior notice to the downstream Party], to inspect the Measurement Equipment (or any component thereof) and for that purpose to have access (in accordance with Section B.3.56) to the Offtake Site.
Access and Inspection Rights. (1) At all reasonable times, the Corporation will provide the representatives of Burcon with access to, and the right to inspect and copy all production records, sublicenses, agreements, plans, designs, accounting and financial books and records and other business records and information relating to the Corporation’s performance of its obligations under this Agreement.
(2) The Corporation will allow representatives of Burcon, at Burcon’s sole risk and expense and subject to reasonable safety regulations, to inspect the Flex Production Facility and the Full-commercial Production Facility and any other production facilities at which the Products or Value Added Products are or will be produced (before, during and after Construction and Commissioning of such facilities and during operations thereafter) at all reasonable times so long as the inspecting representatives do not unreasonably interfere with the Corporation’s operations. However, nothing in this Section will allow Burcon to audit or inspect any of the Corporation’s facilities that do not use the Burcon Technology.
Access and Inspection Rights. Each Party shall, upon the request of the other Party, grant to that other Party, its professional advisers and representatives of any Regulatory Authority, reasonable access on reasonable notice during normal business hours to its sites and documents held at such sites and shall take such action as is reasonably possible and necessary to procure such access to the sites and documents held at such sites of its Third Party sub licensees, sub-contractors and Investigator sites to enable the other Party, its professional advisers and representatives of any Regulatory Authority to inspect, audit and take copies of all material documentation in each case as may be required to enable the other Party to comply with law, to comply with any request of a Regulatory Authority and to prepare for any inspection or audit that may be requested by any Regulatory Authority and in each case in connection with the Development, Regulatory Approval, Manufacturing and Commercialization of the Product for its respective territory. Each Party will provide to the other Party a copy of any report prepared following such access [***] after such report has been prepared.
Access and Inspection Rights. Purchaser shall have full right of access over, under and above the Property prior to Closing and Seller shall cooperate with Purchaser in the course of Purchaser’s investigation. Without limiting the foregoing, Seller hereby authorizes Purchaser, at Purchaser’s expense, to complete soil testing and sampling, environmental sampling and to clear access paths using a bulldozer or similar equipment for applicable drill rigs, consistent with reasonable local commercial real estate practice. Purchaser shall indemnify and hold harmless Seller from any liability, claim or demand arising out of the acts or omissions of Purchaser or its agents, contractors, employees or other parties conducting activities on the Property on behalf of Purchaser and such obligation shall survive the termination of this Agreement. Seller hereby authorizes Purchaser, at Purchaser’s expense, to seek and obtain any and all permits, licenses, site and development plan approvals, permits and authorizations, zoning approvals, curb-cut approvals, and any and all other approvals or consents as Purchaser may deem necessary in connection with its proposed acquisition and/or proposed development of the Property. Seller, at no cost to Seller, shall cooperate with Purchaser in seeking such approvals and consents and, if any such applications, approvals or permits are required to be sought in Seller’s name, Seller shall seek such approvals upon Purchaser’s written request.
Access and Inspection Rights. Borrower shall permit Administrative Agent to examine such records, books and papers of Borrower once each calendar year upon reasonable notice during normal business hours that reflect upon the financial condition of Borrower or Guarantor and or relate to the Underlying Loan. If Borrower fails to forward the financial statements required in this Article 5 within thirty (30) days after written request, or during any period in which an Event of Default is in existence, Administrative Agent shall have the right to audit Borrower’s records, books and papers at Borrower’s expense. Administrative Agent, at its option, may accompany Borrower during any periodic inspection by Borrower of the Project, and Borrower shall inform Administrative in advance of any such periodic inspections.
Access and Inspection Rights. The Gaming Board and its representatives shall have complete, immediate and unrestricted right at all times and without notice or demand to the Casino Operator and/or the Casino Manager or to any other Person, to enter the Casino, including so-called "secured" areas, as defined by Rules and Regulations for purposes of inspection and determining whether the Casino Operator and/or the Casino Manager are complying with the obligations of this Casino Operating Contract, including exercising the Gaming Board's right to examine the Books and Records. The Casino Operator shall not delay, hinder, impede or restrict the Gaming Board's or its authorized representatives' immediate access to the totality of the Casino and any area, building or location leased, owned or operated by or on behalf of the Casino Operator relative to Casino operations, and shall not permit the Casino Manager or any other Person to do so. The Casino Operator shall deliver to the Gaming Board accurate scale drawings of the floor plans of the Casino showing and designating the use for each room or enclosed area, the "secured" areas, and particularly areas where gross gaming receipts and other Casino revenues are handled. The Casino Operator shall deliver updated copies of the scale drawings to the Gaming Board as changes are made in the use of any room or enclosed area.
