Access to Property and Records. Borrower shall permit agents, representatives and employees of Lender (at Lender’s cost and expense if no Event of Default has occurred), to inspect (a) the Property or any part thereof, and (b) such books, records and accounts of Borrower and to make such copies or extracts thereof as Lender shall desire, in each case at such reasonable times as may be requested by Lender upon reasonable advance notice, subject to the rights of tenants under Leases.
Access to Property and Records. The Borrower agrees that the Lender, the EPD, and their duly authorized representatives and agents shall have the right, upon reasonable prior notice, to enter the Borrower’s property at all reasonable times for the purpose of examining and inspecting the Project, including any construction or renovation thereof. The Borrower shall keep accurate and complete records and books of account with respect to its activities in which proper entries are made in accordance with generally accepted accounting principles reflecting all of its financial transactions. The Lender and the EPD shall also have the right at all reasonable times to examine and make extracts from the books and records of the Borrower, insofar as such books and records relate to the Project or insofar as necessary to ascertain compliance with this Agreement, and to discuss with the Borrower’s officers, employees, accountants, and engineers the Project and the Borrower’s activities, assets, liabilities, financial condition, results of operations, and financial prospects.
Access to Property and Records. FRISCO shall provide CONTRACTOR with access to public property as required and necessary to complete the contract. To the extent required by law, FRISCO and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24- 72-101, et seq. CONTRACTOR agrees to hold FRISCO harmless from the disclosure of any records that FRISCO reasonably believes it is legally required to disclose.
Access to Property and Records. Borrower shall (and shall cause Mortgage Borrower to) permit agents, representatives and employees of Lender (at Lender’s cost and expense if no Event of Default has occurred), to inspect (a) the Property or any part thereof, and (b) such books, records and accounts of Borrower and Mortgage Borrower and to make such copies or extracts thereof as Lender shall desire, in each case at such reasonable times as may be requested by Lender upon reasonable advance notice, subject to the rights of tenants under Leases. Borrower agrees to bear and shall pay or reimburse Lender on demand for all reasonable costs and expenses incurred by Lender in connection with the inspections described in this Section 5.3, provided, that so long as no Event of Default exists Lender’s costs and expenses shall not exceed $250 for any single inspection.
Access to Property and Records. During the period from the Effective Date to Closing, Seller shall provide to Buyer, its agents, consultants and counsel, upon reasonable advance notice but not less that one Business Day’s prior notice, access at all reasonable times to:
4.6.1 The Hotel Records (excluding software and electronic data, but including print-outs of such data) and all other books, records and documents in Seller’s possession or control related to the Hotel and its development, operation, management, maintenance and repair which are of a non-proprietary or non-privileged nature.
4.6.2 The Hotel Premises, for purposes of conducting (at Buyer’s sole expense and liability) any inspections, observations, examinations, surveys and tests that Buyer may reasonably require (but Buyer shall not conduct any borings, drilling or other invasive or destructive testing without Seller’s prior written consent and without first evidencing to Seller liability insurance coverage for such activity satisfactory in scope and amount to Seller). Such right of access, however, shall be subject to the rights of guests, tenants and licensees of the Hotel, and Buyer in its activities under this Section 4.6 shall conduct its inspections so as not to interfere with such rights or the operation of the Hotel in any material respect. In no event shall Buyer communicate with any employees of or at the Hotel other than (A) the Hotel’s general manager, director of sales and marketing and chief engineer, and (B) such other executive Hotel Employees, if any, as Seller designates in writing from time-to-time (“Designees”), nor shall Buyer disclose or permit to be disclosed to any Hotel Employees, other than the general manager, director of sales and marketing and chief engineer and any Designees, the nature or reason for Buyer’s presence on or about the Hotel Premises, without Seller’s prior written approval. As of the Effective Date, Seller has delivered to Buyer the following: (i) a rent roll for all Leases within the Hotel Premises; (ii) copies of operating statements and a summary of capital expenditures pertaining to the Hotel for the five most recent fiscal years preceding the Effective Date and year to date for 2010; (iii) copies of all building, engineering, zoning and environmental site assessment reports, studies and analyses in Seller’s possession or control relating to the Hotel (such environmental reports are referred to herein as the “Environmental Reports”); (iv) copies of the ad valorem tax statemen...
Access to Property and Records. FIRESTONE shall provide CONSULTANT with access to its property as required and necessary to complete the contract. To the extent required by law, FIRESTONE and CONSULTANT agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. as may be amended. CONSULTANT agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably believes it is legally required to disclose.
Access to Property and Records. LAFAYETTE shall provide CONTRACTOR with access to its property as required and necessary to complete the contract. To the extent required by law, LAFAYETTE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 00-00-000, et seq. as may be amended. CONTRACTOR agrees to hold LAFAYETTE harmless from the disclosure of any records that LAFAYETTE reasonably believes it is legally required to disclose.
Access to Property and Records. Upon reasonable notice and during regular business hours, Optionor shall give Optionee and Optionee's authorized representatives full access to the Property and Optionor's personnel and all properties, documents, contracts, facilities, books, equipment and records of Optionor relating to the Property to conduct Optionee's investigations, including, without limitation, surveys, site analyses, soil tests, engineering studies, and other investigations.
Access to Property and Records. Upon reasonable notice and during regular business hours, Contributors shall give Transferee and Transferee's authorized representatives full access to the Partnership's personnel and all properties, documents, contracts, facilities, books, equipment and records of the Partnership, relating to the Property to conduct its investigations, including, without limitation, surveys, site analyses, soil tests, engineering studies, and other investigations.
Access to Property and Records. During the period from the Effective Date to Closing, Sellers shall provide to Buyer, its agents, consultants and counsel, upon one Business Day's prior notice, access at all reasonable times to the following, which access shall be provided solely by the persons described in Section 4.5(d):
(a) All of the Hotel Records.
(b) All such other information regarding each Hotel and in Sellers' possession or control (including files, contracts, financial books and records and other documents) as Buyer may reasonably request, excluding appraisals, internal evaluations and materials which are protected by attorney-client privilege or which any Seller is prohibited from disclosing under applicable Laws.
(c) All Hotel Premises, for purposes of conducting (at Buyer's expense) any inspections, observations, examinations, surveys and tests that Buyer may reasonably require; provided, that, any invasive testing of any Hotel Premises shall require the prior written consent of Sellers, which shall not be unreasonably withheld or delayed. Such right of access, however, shall be subject to the rights of guests, tenants and licensees of the Hotel and Buyer in its activities under this Section 4.5(c) shall not unreasonably interfere with the operation of the Hotel. Sellers may have their own representative accompany Buyer's representative(s) on any such visit.
(d) The principals of Sellers and the following principals of the Manager: Xxxxx Xxxx, Xx Xxxxxxxx, and Xxxx Xxxxx, and such other persons subject to Sellers' prior written consent, which shall not be unreasonably withheld or delayed. Notwithstanding Section 16, Buyer may give any notice required under this Section 4.5 to the attention of one of Xxxxxx Xxxx and Xxxxxx Xxxxx and by telephone to 000.000.0000, electronic facsimile transmission to 214.954.4160 or e-mail to xxxxxx@xxxxxxxxxxxx.xxx or xxx@xxxxxxxxxxxx.xxx.
