Entry onto Property. Without limiting the generality of any other provision of this Agreement, to the extent that any Work requires Contractor to enter onto Company property (including any property held in fee, under an easement, lease, license, right of entry or other interest, in whole or part) (collectively, “Company Property”), Contractor shall comply with the following provisions: (a) Contractor shall, and shall cause each Contractor Party to make best efforts to minimize interference with any existing use of Company Property by Company or its assignees; (b) Contractor’s right to enter Company Property is expressly conditioned upon the right of Company to commence or resume the use of the Company Property whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided in General Order 69-C or any revision thereof or amendment thereto, issued by the CPUC; (c) Contractor shall, before the termination of the Work occurring on Company Property, restore the Company Property to the same condition, or as nearly the same condition as reasonably possible, to that which existed immediately before Contractor’s entry; (d) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTOR WAIVES ALL CLAIMS CONTRACTOR MIGHT HAVE AGAINST EACH AND EVERY INDEMNITEE FOR ANY INJURY, ACCIDENT, ILLNESS, PROPERTY DAMAGE, DEATH OR OTHER OCCURRENCE ARISING IN ANY MANNER WHATSOEVER OUT OF CONTRACTOR’S OR ANY CONTRACTOR PARTY’S PRESENCE ON COMPANY PROPERTY; (e) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTOR EXPRESSLY ASSUMES ALL RISKS OF CONTRACTOR’S AND ANY CONTRACTOR PARTY’S ENTRY ONTO THE COMPANY PROPERTY, INCLUDING ANY INJURY, DAMAGE, OR LOSS SUFFERED BY CONTRACTOR OR ANY CONTRACTOR PARTY OR ANY EMPLOYEE, REPRESENTATIVE OR AGENT THEREOF ARISING OUT OF ANY DISCLOSED OR UNDISCLOSED DEFECT, HAZARD OR PRESENCE OF ANY MATERIAL ON THE COMPANY PROPERTY; and (f) Contractor shall not create nor cause to exist on the Company Property any public or private nuisance, or any other condition that would present a threat to the Company Property, human health & safety, or the environment. Contractor shall also not store or park, and shall not cause to be stored or parked, on the Company Property, any equipment, vehicle, machine, tool, or other device, that is not in compliance with any local, state or federal law or regulation, including the California Air Resources Board’s (“CARB”) statewide portable equipment registration program, and...
Entry onto Property. Buyer’s Representatives shall assume all risks involved in entering the Properties under this ARTICLE VI. Buyer and Buyer’s Representatives acknowledge and agree that inspections and testing pursuant to Section 6.1 shall not involve any invasive or destructive testing of the Properties. Seller shall have the right and opportunity to be present at all Buyer Inspections and Buyer Environmental Investigations. Buyer and Buyer’s Representatives shall not visit any of the Properties without Seller’s written consent, nor shall they engage in conversations with employees of the Company. Buyer agrees to use, and to cause Buyer’s Representatives to use, reasonable care in conducting Buyer Inspections and Buyer Environmental Investigations and upon completion return the Properties to their condition immediately prior to such inspection. Buyer agrees to maintain and cause any of Buyer’s Representatives entering upon any Property or otherwise conducting any Buyer Inspections or Buyer Environmental Investigation to maintain and have in effect commercial general liability insurance with a per occurrence limit of at least Two Million Dollars ($2,000,000) and an aggregate limit of at least Five Million Dollars ($5,000,000). Such insurance shall name the Company as an additional insured, shall be primary and non-contributing with any other insurance available to or maintained by the Company and shall contain a full waiver of subrogation clause. Buyer shall deliver to Seller a copy of the certificates of insurance evidencing the insurance required hereunder prior to the commencement of any Buyer Inspection or Buyer Environmental Investigation, which certificates shall indicate that insurance coverage shall not be terminated or modified without at least thirty (30) days’ prior written notice to Seller. If any mechanics’ or other lien is recorded against the Properties, as a result of Buyer’s or Buyer’s Representatives activities on or inspection of the Properties, Buyer shall be liable to pay the lien or post any bond necessary to discharge the lien of record within fifteen (15) days after receiving notice of the lien’s recording. Buyer hereby agrees to indemnify, defend and hold Seller and the Seller-Related Parties harmless from and against any and all actions, claims, damages, liabilities, losses, costs and/or expenses (including, without limitation, reasonable attorneys’ fees and expenses), if any, arising from (a) injury to persons or damage to Property, (b) any liens o...
Entry onto Property. In order to perform inspections or, following an Event of Default, to complete Reserve Items which Borrower has failed to perform, Borrower hereby grants Lender and its agents the right, from time to time, to enter onto the Property.
Entry onto Property. 220 State specifically reserves the right to enter and occupy premises upon failure of Lessee to comply with any 221 provision of this lease. State also reserves the right to enter premises for purposes of inspection and to 222 determine whether Lessee is complying with the provisions of this lease; to perform acts necessary or 223 proper for the protection, preservation, maintenance, reconstruction, and operation of adjacent State 224 Transportation Facility; and to perform acts necessary or proper in connection with the construction or 225 maintenance of adjacent State Transportation Facility. State also reserves the right to enter and take 226 possession of premises in case of national or other emergency for the purpose of preventing sabotage and 227 otherwise protecting its Transportation Facility. During such emergency occupation Lessee shall be relieved 228 from obligation to comply with the provisions of this lease.
Entry onto Property. Inspections. Lxxxxx may inspect the Property in connection with any Work prior to disbursing funds from the Reserve with respect thereto. In connection with any Work that is (i) a structural repair or improvement, (ii) a replacement or repair of a major component or element of any part of the Property or (iii) Scheduled Repairs, Lender may require, at Borrower’s expense, one or more inspections and/or certificates of completion by an appropriate independent, qualified professional (e.g., architect, engineer, consultant) approved by Lxxxxx. In addition to Lender’s costs and expenses, Borrower shall pay Lender a reasonable inspection fee, provided, however, such fees shall not exceed $500, in the aggregate, in any calendar year.
Entry onto Property. In order to facilitate Lender's completion or making of the Replacements pursuant to Section 4(c) above, Borrower grants Lender the right to enter onto the Hotel following an uncured default hereunder and perform any and all work and labor necessary to complete or make the Replacements and/or employ watchmen to protect the Hotel from damage. Borrower shall have the right to have Borrower's representative accompany Lender and its representatives in connection with any of the foregoing; provided, however, that the failure of Borrower's representative to accompany Lender or Lender's representatives shall not negate or diminish Lender's rights set forth in the preceding sentence. All sums so expended by Lender (other than from the Replacement Reserve) shall be deemed to have been advanced to Borrower under the Reimbursement Agreement to Borrower and secured by the Loan Documents. For this purpose, Borrower constitutes and appoints Lender its true and lawful attorney-in-fact with full power of substitution to complete or undertake the Replacements in the name of Borrower. Such power of attorney shall be deemed to be a power coupled with an interest and cannot be revoked except upon the termination of this Agreement. Borrower empowers said attorney-in-fact as follows:
(i) to use any funds in the Replacement Reserve for the purpose of making or completing the Replacements; (ii) to make such additions, changes and corrections to the Replacements as shall be necessary or desirable to complete the Replacements; (iii) to employ such contractors, subcontractors, agents, architects and inspectors as shall be required for such purposes; (iv) to pay, settle or compromise all existing bills and claims which are or may become liens against the Hotel, or as may be necessary or desirable for the completion of the Replacements, or for clearance of title; (v) to execute all applications and certificates in the name of Borrower which may be required by any of the contract documents relating to the Replacements; (vi) in its reasonable discretion, to prosecute and defend all actions or proceedings in connection with the Replacements or any matters related thereto and (vii) to do any and every act which Borrower might do in its own behalf to fulfill the terms of this Agreement.
Entry onto Property. Notwithstanding anything contained herein to the contrary, Buyer, its employees, contractors, lenders and/or agents, shall give notice to the applicable Seller (which may be electronic transmission) a reasonable time prior to entry onto its Property (which in no event shall be less than 48 hours prior notice) and shall permit any Seller to have a representative present during all inspections conducted at the Properties. Buyer's inspection rights shall be subject to the rights of the tenant(s), including without limitation, rights of quiet enjoyment, and Buyer agrees that it will us commercially reasonable efforts to minimize disruption to tenants. Buyer shall deliver proof of the insurance coverage required pursuant to this Agreement to Sellers (in the form of a certificate of insurance) prior to Buyer’s or its consultants' entry onto any Property. The provisions of this paragraph shall survive the termination of this Agreement until December 31, 2013.
Entry onto Property. 236 State specifically reserves the right to enter and occupy premises upon failure of Lessee to comply with any 237 provision of this lease. State also reserves the right to enter premises for purposes of inspection and to 238 determine whether Xxxxxx is complying with the provisions of this lease; to perform acts necessary or proper 239 for the protection, preservation, maintenance, reconstruction, and operation of adjacent State Transportation 240 Facility; and to perform acts necessary or proper in connection with the construction or maintenance of 241 adjacent State Transportation Facility. State also reserves the right to enter and take possession of premises 242 in case of national or other emergency for the purpose of preventing sabotage and otherwise protecting its 243 Transportation Facility. During such emergency occupation Lessee shall be relieved from obligation to comply 244 with the provisions of this lease. 245 21. DEFAULT 246 The following shall be events of default: 247 248 (a) Failure of Lessee to pay any rent or other charge within 15 days after it is due, or in the case of property 249 taxes, 30 days after billing for such taxes. 250 (b) Failure of Lessee to comply with any term or condition or fulfill any obligation of the lease (other than 251 the payment of rent or other charges) within 10 days after written notice by State specifying the nature of 252 the default. If the default is of such a nature that it cannot be completely remedied within the 10 day period, 253 this provision shall be complied with if Xxxxxx begins correction of the default within the 10 day period and 254 thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 255 (c) Filing of a voluntary or involuntary petition in bankruptcy, or filing of any proceeding to subject this lease 256 or the interest of Lessee herein to garnishment or sale under execution.
Entry onto Property. Subject to the rights of the tenant set forth in the Walgreens Lease, in order to perform inspections or, following an Event of Default, to complete Reserve Items which Borrower has failed to perform, Borrower hereby grants Lender and its agents the right, from time to time, to enter onto the Property upon twenty-four (24) hours notice, which may be telephonic, except that no notice shall be required in an emergency or after an Event ofDefault.
Entry onto Property. Inspections. Lender may inspect the Property in connection with any Work prior to disbursing funds from the Reserve with respect thereto. In connection with any Work that is (i) a structural repair or improvement, (ii} a replacement or repair of a major component or element of any part of the Property or (iii) Scheduled Repairs, Lender may require, at Borrower's expense, one or more inspections and/or certificates of completion by an appropriate independent, qualified professional (e.g., architect, engineer, consultant) approved by Lender. In addition to Lender's costs and expenses, Borrower shall pay Lender a reasonable inspection fee, provided, however, such fees shall not exceed $500, in the aggregate, in any calendar year.
