Access to MHS Facilities Sample Clauses

Access to MHS Facilities. Prior to the Effective Date, the City shall allow the Lessee, Children’s Hospital and their engineers, architects or other employees and agents access to the MHS Facilities at any reasonable time after providing at least twenty-four (24) hours advance notice (which may be oral). Any such entry shall not unreasonably or materially interfere with patients, patient care, employees or any other of MHS’s operations. Except as otherwise expressly set forth herein, nothing in this Section 6.6 shall be construed to grant the Lessee or Children’s Hospital the authority to engage in the alteration (except in order to conduct physical and environmental tests and inspections thereof, including intrusive sampling, after 32 - 038094!000003 -3386784 v12 discussing with the City the timing and scope of such intrusive sampling), management or operation of the applicable MHS Facilities prior to the Effective Date, to review confidential patient or employee records, or to engage in any activity that would directly or indirectly create any responsibility or duty of or by the Lessee or Children’s Hospital to any patient of the MHS Facilities, or create any responsibility, duty of or risk of liability of the City. The Lessee and Children’s Hospital shall comply with the City’s customary operating rules and procedures during such visits of which the Lessee and Children’s Hospital, respectively, have obtained notice and shall be responsible for any damage that arises to the MHS Facilities caused by the Lessee’s or Children’s Hospital’s respective entry upon the premises. The Lessee agrees to remain responsible for and further shall indemnify, defend, reimburse and hold harmless the City and the City Indemnitees (as hereinafter defined) from any loss, injury, damage, cause of action, liability, claim, lien, cost or expense, including reasonable attorneys’ fees and costs, arising from the exercise by the Lessee or its employees, consultants, agents or representatives of the right of access under this Section 6.6 or out of any of the foregoing. The Lessee’s obligations under this section shall not extend to loss, injury, damage, cause of action, liability, claim, lien, cost or expense arising from the identification of pre-existing Hazardous Materials in, on, under or from the MHS Facilities. The indemnity in this Section 6.6 shall survive for a period of two (2) years following the Effective Date.