ACCESS TO AND SUITABILITY OF THE PROJECT SITE Sample Clauses

ACCESS TO AND SUITABILITY OF THE PROJECT SITE. (A) Familiarity with the Project Site. The Developer acknowledges that the Developer’s agents and representatives have visited, inspected and are familiar with the Project Site, its surface physical conditions relevant to the obligations of the Developer pursuant to this Comprehensive Agreement, including surface conditions, normal and usual soil conditions, roads, Utilities, topographical conditions and air and water quality conditions; that the Developer is familiar with all local and other conditions which may be material to the Developer’s performance of its obligations under this Comprehensive Agreement (including transportation; seasons and climate; access, availability, disposal, handling and storage of materials and equipment; and availability and quality of labor and Utilities), and has received and reviewed all information regarding the Project Site provided to it hereunder or obtained in the course of performing its obligations under this Comprehensive Agreement, has made any other investigations that it deems necessary to make a determination as to the suitability of the Project Site; and that based on the foregoing, the Project Site constitutes an acceptable and suitable site for the construction of the Project in accordance herewith, and the Project can be constructed on the Project Site by the Scheduled Substantial Completion Date and within the construction cost upon which the Service Fee is based.
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ACCESS TO AND SUITABILITY OF THE PROJECT SITE. (A) Familiarity with the Project Site. The Design-Builder acknowledges that the Design-Builder’s agents and representatives have visited, inspected and are familiar with the Project Site and surface physical conditions relevant to the obligations of the Design-Builder pursuant to this Design-Build Agreement, including normal and usual soil conditions, roads, utilities, topographical conditions and air and water quality conditions; that the Design-Builder is familiar with all local and other conditions which may be material to the Design-Builder’s performance of its obligations under this Design-Build Agreement (including, but not limited to transportation; seasons and climate; access, availability, disposal, handling and storage of materials and equipment; and availability and quality of labor and Utilities), and has received and reviewed all information regarding the Project Site provided to it as part of the Project Site- related information or obtained in the course of performing its obligations hereunder, has made any other site investigations, other than independent geotechnical investigations, that it deems necessary to make a determination as to the suitability of the Project Site; and that based on the foregoing, the Project Site constitutes an acceptable and suitable site for the construction of the Design-Build Improvements in accordance herewith, and the Design-Build Improvements can be constructed on the Project Site for the Fixed Design-Build Price and can be completed by the Scheduled Acceptance Date. The Design-Build Improvements shall be located at the Project Site in a manner that takes into account the easements and other exceptions to title indicated in Appendix 1 (Description of the Project Site).
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ACCESS TO AND SUITABILITY OF THE PROJECT SITE. (A) Familiarity with the Project Site. Following the Contract Date and prior to the Project Implementation Contract Amendment Date, the Project Company’s agents and representatives, as part of the Preliminary Services, shall inspect and become familiar with the Project Site (and any Related Projects), its physical condition relevant to the obligations of the Project Company pursuant to this Project Agreement, including surface conditions, normal and usual soil conditions, roads, Utilities, topographical conditions and air and water quality conditions and shall review the Geotechnical Data Report, conduct additional geotechnical investigations and develop the Existing Conditions Assessment Report. As of the Project Implementation Contract Amendment Date, the Project Company shall be familiar with all local and other conditions which may be material to the Project Company’s performance of the Project Implementation Work (including transportation; seasons and climate; access, availability, disposal, handling and storage of materials and equipment; and availability and quality of labor and Utilities); the Project Company shall have received and reviewed all information regarding the Project Site provided to or developed by it in connection with the Preliminary Services pursuant to this Project Agreement; and the Project Company shall have made all other site investigations that it deems necessary to make a determination as to the suitability of the Project Site and to submit its GMP Project Submittal to the KRRC in accordance with Section 5.8 (GMP Project Submittal). Subject to and in accordance with subsection 5.9(K) (Project Company Representations in a GMP Contract Amendment), the Project Company’s GMP Project Submittal shall serve as a representation by the Project Company that, based on the foregoing and in its capacity as a Project Implementation Work Services provider, that the Project Site constitutes an acceptable and suitable site for the Project Implementation Work in accordance herewith, and that the Project Implementation Work can be performed on the Project Site within the Guaranteed Maximum Price and in accordance with the Contract Standards, including the schedule requirements of this Project Agreement.
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ACCESS TO AND SUITABILITY OF THE PROJECT SITE 
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Related to ACCESS TO AND SUITABILITY OF THE PROJECT SITE

  • Access to Property Borrower shall permit agents, representatives and employees of Lender to inspect the Property or any part thereof at reasonable hours upon reasonable advance notice.

  • Access to Properties Subject to the rights of Tenants, Borrower shall permit agents, representatives and employees of Lender to inspect the Properties or any part thereof at reasonable hours upon reasonable advance notice.

  • Maintaining Records; Access to Properties and Inspections; Maintenance of Ratings (a) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all requirements of law are made of all dealings and transactions in relation to its business and activities. Each Loan Party will, and will cause each of its subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of such Person at reasonable times and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any representatives designated by the Administrative Agent or any Lender to discuss the affairs, finances and condition of such Person with the officers thereof and independent accountants therefor.

  • Maintaining Records; Access to Properties and Inspections Maintain financial records in accordance with GAAP and, upon reasonable notice, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any Significant Subsidiary during normal business hours and to discuss the affairs, finances and condition of the Borrower or any Significant Subsidiary with the officers thereof and independent accountants therefor.

  • Access to Premises Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

  • Access to Facilities Each of the Company and each of its Subsidiaries will permit any representatives designated by the Purchaser (or any successor of the Purchaser), upon reasonable notice and during normal business hours, at such person's expense and accompanied by a representative of the Company, to:

  • Access to the Property At such times as COUNTY and PURCHASER may mutually agree prior to the closing, COUNTY shall provide to PURCHASER or to its employees, agents, and contractors: (i) reasonable access to the Property and to the books, records, and personnel of COUNTY relating thereto for the purpose of making any surveys, inspections, or investigations permitted by this Agreement; and (ii) such information regarding the Property as PURCHASER or its employees, agents, and contractors may reasonably request. PURCHASER shall promptly repair any damage to the Property caused by its or any such person(s) entry upon the Property and shall hold COUNTY harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including, without limitation, attorneys' fees and court costs) arising out of or in connection with any such entry upon the Property.

  • Access to Premises and Records Between the date of this Agreement ------------------------------ and the Closing Date, Seller will give Buyer and its counsel, accountants and other representatives full access during normal business hours upon reasonable notice to all the premises and books and records of the Business and to all the Assets and to the System personnel and will furnish to Buyer and such representatives all such documents, financial information, and other information regarding the Business and the Assets as Buyer from time to time reasonably may request; provided that no such investigation will affect or limit the scope of any of Seller's representations, warranties, covenants and indemnities in this Agreement or any Transaction Document or limit liability for any breach of any of the foregoing.

  • Condition of the Property THE LESSEE ACKNOWLEDGES AND AGREES THAT IT IS LEASING THE PROPERTY "AS IS" WITHOUT REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) BY THE LESSOR AND SUBJECT TO (A) THE EXISTING STATE OF TITLE, (B) THE RIGHTS OF ANY PARTIES IN POSSESSION THEREOF, (C) ANY STATE OF FACTS WHICH AN ACCURATE SURVEY OR PHYSICAL INSPECTION MIGHT SHOW, AND (D) VIOLATIONS OF REQUIREMENTS OF LAW WHICH MAY EXIST ON THE DATE HEREOF OR ON THE ACQUISITION DATE. THE LESSOR HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) AND SHALL NOT BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE TITLE (OTHER THAN FOR LESSOR LIENS), VALUE, HABITABILITY, USE, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND THE LESSOR SHALL NOT BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN (OTHER THAN FOR LESSOR LIENS) OR THE FAILURE OF THE PROPERTY, OR ANY PART THEREOF, TO COMPLY WITH ANY REQUIREMENT OF LAW.

  • Inspection; Compliance with Law Lessor, Lessor's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lenders") shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times, for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with this Lease and all Applicable Requirements (as defined in Paragraph 6.3), and Lessor shall be entitled to employ experts and/or consultants in connection therewith to advise Lessor with respect to Lessee's activities, including but not limited to Lessee's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. The costs and expenses of any such inspections shall be paid by the party requesting same, unless a Default or Breach of this Lease by Lessee or a violation of Applicable Requirements or a contamination, caused or materially contributed to by Lessee, is found to exist or to be imminent, or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. In such case, Lessee shall upon request reimburse Lessor or Lessor's Lender, as the case may be, for the costs and expenses of such inspections.

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