Access to the Project. The Company agrees that the Issuer, the Credit Provider (if any) and the Trustee and their duly authorized agents, attorneys, experts, engineers, accountants and representatives shall have the right to inspect the Project at all reasonable times and on reasonable notice. The Issuer, the Credit Provider (if any) and the Trustee and their duly authorized agents shall also be permitted, at all reasonable times, to examine the books and records of the Company with respect to the Project.
Access to the Project. All roads, streets, traffic turn lanes, and access ways necessary for the full utilization of the Project for its intended purpose have either been completed or the necessary rights of way have either been acquired by the appropriate governmental authority or have been dedicated to public use and accepted by the appropriate governmental authority, and all necessary steps have been taken by Borrower and the appropriate governmental authority to assure the complete construction and installation thereof by the time needed for construction and/or occupancy and operation of the Project.
Access to the Project. The Authority and its duly authorized agents shall have such rights of access to the Project and the Units as may be reasonably necessary to inspect the Project.
Access to the Project. 9.1 At all reasonable times from and after the Effective Date, each Contributor shall afford Purchasers and their representatives, upon twenty-four (24) hours prior notice, full and free access to its Project, the employees at the Project, all files, Tenant Leases, documents, information and other information as specified throughout this Agreement with respect to operational matters, and the right to inspect its Project. Additionally, Purchasers may deliver to each Project’s property manager or, upon request, Contributors shall deliver to each Project’s property manager, that certain 2368068.4 Manager Checklist / Questionnaire in the form set forth on Schedule 9.1 attached hereto, with a request that each Project’s property manager complete and execute such Manager Checklist / Questionnaire to the best of his or her knowledge prior to Closing. Notwithstanding anything to the contrary in this Agreement, the failure of any Project’s property manager to complete the Manager Checklist / Questionnaire shall not constitute a breach by Contributors and the Closing of the transaction contemplated under this Agreement is not conditioned upon the completion of any such Manager Checklist / Questionnaire. Upon the completion of such activities, each Purchaser, at its sole expense, shall promptly restore the Project to its former condition in all substantial respects. The results of any environmental testing and inspections done prior to the Effective Date shall be treated as strictly confidential by Purchasers and the same shall not be disclosed to any third party or governmental entity without the written consent of Contributors; provided, however, that such reports and results may be disclosed to Purchaser’s consultants, attorneys, lenders and insurance companies. Purchasers shall defend, indemnify and hold Contributors harmless from and against any and all claims, demands, losses, costs and/or liabilities associated with damage or injury to any person, property or the Projects caused by or attributable to the actions or negligence of Purchasers and/or its contractors, representatives or other agents while they are on the Projects pursuant to this Section or otherwise. Purchasers shall take the necessary steps to ensure that its contractors and agents have and maintain appropriate insurance policies related to (1) commercial general liability, including contractual liability, and (2) professional errors and omissions liability, including contractors’ pollution liabi...
Access to the Project. The Company agrees that the Issuer and the Trustee and their duly authorized agents shall, subject to advance written notice and such other limitations, restrictions and requirements as the Company may reasonably prescribe for Plant security and safety reasons, at all reasonable times have such rights of access to the Project as may be reasonably necessary for the inspection of the Project during the Sublease Term.
Access to the Project. The Users and any Authorized Representative of the Users, and the Users' successors or assigns, shall have the right at all reasonable times to enter upon and to examine and inspect the Project or any part thereof. The Users, any Authorized Representative of the Users and the Users' successors or assigns shall further have such rights of access to the Project or any component thereof as may be reasonably necessary to cause the proper maintenance of the Project in the event of failure by the Authority to perform its obligations hereunder; provided, however, that neither the Users nor any of their assigns shall have any obligation to cause such proper maintenance.
Access to the Project. 18.1 The Company must allow APL or its representatives access during normal business hours to those parts of their premises which may be used for purposes directly associated with this Agreement and will render all reasonable and necessary assistance to allow APL and its representatives to:
(1) speak to any persons who may be associated with the Project;
(2) examine, copy and otherwise inspect any technical or financial records relating to the Project;
(3) view any activities necessary to assess progress; and
(4) make any other inquiries of any person who may be associated with the examination of any Intellectual Property which may be derived from the Project.
Access to the Project. Each Borrower shall permit agents, representatives and employees of Bank to inspect its Project or any part thereof at reasonable hours upon reasonable advance written notice, except in the event of an emergency, in which case no advance notice is necessary.
Access to the Project. The Authority and its duly authorized agents shall have such rights of access to the Project and the Project Unit as may be reasonably necessary to inspect the Project, but nothing herein shall be construed to provide that the Authority has any duty or obligation to inspect the Project.
Access to the Project. 4.3.1 Not later than seven (7) business days prior to the expiration of the Inspection Period (the “Title Objection Date”), Buyer shall notify Seller in writing of any exceptions to title as shown in the Title Commitment or the Updated Survey or discovered in Buyer’s examination of title of which Buyer disapproves (collectively, the “Title Objections”), subject to the following: Buyer is conclusively deemed to have approved all matters (unless such matters are Monetary Encumbrances (as defined below)) not timely disapproved by Buyer, all of which matters shall constitute Permitted Exceptions (as hereinafter defined). Seller may elect (but shall not be obligated, other than with respect to Monetary Encumbrances) to remove or cause to be removed any of the Title Objections at Seller’s expense. Seller shall notify Buyer in writing (“Seller’s Title Notice”) not later than five (5) business days after receipt of the Title Objections (“Seller’s Cure Notice Period”) whether Seller elects to remove or to cause the Title Company to insure against the Title Objections to the reasonable satisfaction of Buyer. Seller’s failure to deliver timely Seller’s Title Notice to Buyer, or failure to address any Title Objection in any such notice, shall constitute Seller’s election not to cure such Title Objection. The Title Commitment has disclosed to Buyer that the Property is encumbered by a mortgage and related collateral security agreements (“Existing Collateral Documents”) in favor of one or more third party securitized lenders (“Existing Secured Lenders”). Notwithstanding the foregoing, Seller agrees to remove as exceptions to title to the Property (i) all mortgages and deeds of trust executed by Seller and recorded against the Property and any other monetary liens placed on record against the Property by, through or under Seller, including the Existing Collateral Documents (ii) all delinquent property taxes and assessments (if any) as of the Closing, and (iii) any mechanic’s or materialmen’s liens of record or any other involuntary monetary liens of record, any of which are created by, through or under Seller; provided, however, Seller shall only be required to remove any mechanic’s or materialmen’s liens of record or any other involuntary monetary liens of record that is not created by Seller or Seller’s agents up to a maximum aggregate amount of $250,000.00, ((i), (ii) and (iii) collectively, “Monetary Encumbrances”; each such exception, a “Monetary Encumbrance”). With...
