Inspecting Architect Sample Clauses

Inspecting Architect. Inspecting Architect shall have the right to enter onto the Premises at reasonable times, subject to delivery of reasonable prior notice to Landlord or its general contractor, for the purpose of inspecting the construction thereof, provided that such inspections shall not delay or hinder construction. Inspecting Architect shall comport with all safety rules and regulations imposed by Landlord and/or its general contractor. In addition, Landlord shall provide Inspecting Architect with such information concerning the construction of the Premises as may be reasonably requested by Inspecting Architect. Upon the reasonable request of Landlord, Tenant agrees to cause Inspecting Architect to make periodic inspections of critical stages of construction in an effort to minimize the occurrence of substantial "tear out" and reconstruction of completed work. However, no inspection or approval by Inspecting Architect shall affect Landlord's representations and warranties, or be construed as a waiver of Tenant's rights, with respect to any defect in construction or deviation from the Final Plans, unless agreed to in writing by Tenant.
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Inspecting Architect. Nationwide shall appoint an architect of its choice (hereinafter "Inspecting Architect") to review, at Applicant/Borrxxxx'x expense, the Plans and Specifications, and the Soils Report. If the Improvements are under construction, the Inspecting Architect shall make monthly inspections of the Improvements being constructed on the Security Property during the construction period and shall issue written reports to Nationwide indicating that the Improvements are being constructed in accordance with the final Plans and Specifications and in accordance with the recommendations of the Soils Report. If the Improvements are complete as of the date of this Application/Contract, the Inspecting Architect shall inspect the Security Property and shall issue a written report stating that the Improvements were, to the best of his/her knowledge, completed in accordance with the Plans and Specifications submitted to Nationwide and in accordance with the recommendations of the Soils Report. The Inspecting Architect shall also comment on the structural and operational integrity of the Improvements, specifically referencing the construction detail, the HVAC system, and the roofing system. Any deficiencies disclosed by any of the Inspecting Architect's reports must be corrected to Nationwide's satisfaction prior to the Closing Date of the Mortgage Loan.
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Inspecting Architect. Company will only be responsible for payment of the Inspecting Architect's fees for services as specifically required in the Amendment. Inspecting Architect will limit fees to rates reasonable within the local market.
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Inspecting Architect. W. Xxxxx Xxxxxx, or an Architect designated -------------------- by Lender from time to time to perform the duties of Inspecting Architect as provided herein.
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Inspecting Architect. Borrower shall cooperate with the Inspecting Architect and shall cause the Architect, the Engineer, the Contractor and the employees of each of them to cooperate with the Inspecting Architect and, upon request, shall furnish the Inspecting Architect whatever he may consider necessary or useful in connection with the performance of his duties including but not limited to permits, subcontracts, purchase orders, lien waivers and other documents relating to the construction of the Improvements. Borrower acknowledges that the duties of the Inspecting Architect run solely to Lender and that the Inspecting Architect shall have no obligations or responsibilities whatsoever to Borrower, the Architect, the Engineer, the Contractor or to any of their respective agents or employees.
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Inspecting Architect. Borrowers will be responsible for payment of the Inspecting Architect’s reasonable fees at rates reasonable within the local market.
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Inspecting Architect. ENGINEER AUDIT. The Inspecting Architect/Engineer Audit.
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Inspecting Architect. Lender shall retain the services of the -------------------- Inspecting Architect and shall pay the fees and expenses of the Inspecting Architect in connection with the performance of the Inspecting Architect's duties. Borrower will reimburse to Lender within ten (10) days after written request therefor the fees and expenses of the Inspecting Architect incurred by Lender. Borrower will cooperate with the Inspecting Architect and will cause Borrower's Architect, each Contractor, each subcontractor and the employees of each of them to cooperate with the Inspecting Architect and, upon request, will furnish the Inspecting Architect whatever the Inspecting Architect may consider necessary or useful in connection with the performance of the Inspecting Architect's duties. Without limiting the generality of the foregoing, Borrower shall furnish or cause to be furnished such items as working details, Plans and Specifications and details thereof, samples of materials, licenses, permits, certificates of public authorities, building codes and copies of the contracts between Borrower and Contractor. Borrower will permit Lender, the Inspecting Architect and their representatives to enter the Project for the purposes of inspecting same. If the Inspecting Architect shall be, or for any reason becomes, disqualified or unable to act or continue to act as Inspecting Architect, or if Lender in its sole discretion desires, Lender may appoint a successor Inspecting Architect; and any such successor shall have the same duties to Lender and shall be entitled to the same cooperation as if he had originally been named herein. Borrower acknowledges that the duties of the Inspecting Architect run solely to Lender and that the Inspecting Architect shall have no obligations or responsibilities whatsoever to Borrower, Contractor or to any of Borrower's or Contractor's agents, employees, or subcontractors.
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Inspecting Architect. Servicing Agent shall appoint an "INSPECTING ARCHITECT", who may be any licensed architect or engineer meeting with the Servicing Agent's satisfaction, and whose responsibility shall be to inspect and approve all Post-Closing Repairs to be performed under the Post-Closing Repair Escrow Fund. The Inspecting Architect shall from time-to-time issue "ARCHITECT'S CERTIFICATES" attesting to his satisfaction with the completion of the Post-Closing Repairs and recommending the amount of funds to be disbursed with respect to the Post-Closing Repairs so approved. The Architect's Certificate shall, in each event, include a reconciliation of the total cost of the Post-Closing Repairs, the amount of the Post-Closing Repairs satisfactorily completed to date, the amount recommended to be disbursed with respect to that Certificate and the amount of the Post-Closing Repairs remaining to be completed (and all holdbacks with respect to all Post-Closing Repairs theretofore completed). The costs and expenses of the Inspecting Architect shall be paid by Borrower and may, at the option of the Servicing Agent, be paid from the funds remaining in escrow at any time. The Servicing Agent may also require that all plans and specifications for the Post-Closing Repairs be submitted to and approved by the Servicing Agent and/or the Inspecting Architect prior to commencement of the Post-Closing Repairs.
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Related to Inspecting Architect

  • Construction Representatives Landlord hereby appoints the following person(s) as Landlord's representative ("Landlord's Representative") to act for Landlord in all matters covered by this Work Letter Agreement: __________________________________. Tenant hereby appoints the following person(s) as Tenant's representative ("Tenant's Representative") to act for Tenant in all matters covered by this Work Letter Agreement: _____________________________. All communications with respect to the matters covered by this Work Letter Agreement shall be made to Landlord's Representative or Tenant's Representative, as the case may be, in writing in compliance with the notice provisions of the Lease. Either party may change its representative under this Work Letter Agreement at any time by written notice to the other party in compliance with the notice provisions of the Lease.

  • Inspection by Lessor Upon reasonable advance notice, Lessee, during reasonable business hours and subject to Lessee's security requirements, will make the Equipment and its related log and maintenance records available to Lessor for inspection.

  • Property Inspection The Servicer is required to inspect each Delinquent Mortgaged Property at such time and in such manner as is in accordance with Prudent Servicing Practices. The Servicer must prepare a Property Inspection Report following each inspection. All Property Inspection Reports must be retained by the Servicer and copies thereof must be forwarded to the Master Servicer promptly upon request. All expenses related to the foregoing shall be recoverable by the Servicer from the Principal or from Liquidation Proceeds, Insurance Proceeds, payments on the related Mortgage Loan or any other source relating to the related Mortgage Loan or the related Mortgaged Property. The foregoing shall not preclude the Servicer from recovering such expenses from the Borrower to the extent permitted by applicable law and the related Mortgage Loan Documents.

  • Environmental Inspection 11 ARTICLE XI................................................................... 12 11.1 Modifications.................................................. 12 ARTICLE XII.................................................................. 13 12.1

  • Physical Inspection Subject to the limitations set forth in this Section 4.1(c) and notwithstanding any provision to the contrary in this Agreement, commencing on the Effective Date and continuing through the Closing or any earlier termination of this Agreement, Buyer shall have the right, at Buyer’s expense, to make inspections (including tests, surveys and other studies) of the Real Property and all matters relating thereto, including, but not limited to, soils and geologic conditions, location of property lines, utility availability and use restrictions, environmental conditions, the manner or quality of the construction of the Improvements, the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Real Property, the effect of applicable planning, zoning and subdivision statutes, ordinances, regulations, restrictions and permits, the character and amount of any fees or charges that must be paid to further develop, improve and/or occupy the Real Property and all other matters relating to the Real Property. Prior to Closing, Buyer and its agents, contractors and subcontractors shall have the right to enter upon the Real Property, at reasonable times during ordinary business hours, to make inspections and tests as Buyer deems reasonably necessary and which may be accomplished without causing any material damage to the Real Property including, without limitation, the right to conduct a phase I environmental audit and an investigation with respect to the Real Property’s compliance with the requirements of Title III of the Americans with Disabilities Act of 1990. Notwithstanding the foregoing, in no event shall Buyer, its agents, contractors or subcontractors conduct any invasive testing on the Real Property without Seller’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Buyer shall not materially interfere with any Tenant, occupant or invitee of the Real Property in making such inspections or tests, and shall return and restore the Property to substantially its original condition prior to such inspections or tests. Buyer shall not permit any liens or encumbrances to be placed against the Real Property in connection with Buyer’s investigation and inspection of the Real Property and/or in connection with Buyer’s activities on the Real Property. Buyer hereby agrees to and shall indemnify, defend and hold harmless Seller and Seller’s members, managers, partners, officers, directors, shareholders, employees, agents, representatives, invitees, successors and assigns (each, a “Seller Group Indemnitee”), from and against any and all claims, demands, and causes of action for personal injury or property damage, and all damages, judgments, liabilities, costs, fees and expenses (including reasonable attorneys’ fees) resulting therefrom, arising out of any entry onto the Real Property by Buyer, its agents, employees, contractors and/or subcontractors, pursuant to this Section 4.1(c) hereof, provided, however, Buyer shall not be obligated to indemnify, defend or hold harmless Seller or any Seller Group Indemnitee for any such claims, demands and/or causes of action or any such damages, judgments, liabilities, costs, fees or expenses caused by: (i) the discovery of conditions that were present before Buyer or its representatives entered onto the Real Property, or the accidental or inadvertent release of any Hazardous Materials that were in, on or under the Real Property prior to such entry; or (ii) the negligent or willful misconduct of Seller or any Seller Group Indemnitee. The covenants, agreements and obligations of Buyer set forth in this Section 4.1(c) shall survive the termination of this Agreement and the Closing, as applicable.

  • Property Inspections The Servicer shall conduct property inspections in accordance with the milestones of the repair and rehabilitation plan for such Mortgaged Property and prepare Property Inspection Reports on any Mortgaged Property involving property damage over $15,000. The Servicer shall furnish a copy of the repair and rehabilitation plan for such Mortgaged Property to the Master Servicer upon request.

  • Environmental Inspections In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours and upon not less than five (5) Business Days written notice to Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event Landlord shall undertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased Property or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased Property or any portion thereof, conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect materials brought into the Leased Property or any portion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All costs and expenses incurred by Landlord under this Section 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid by Tenant to Landlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Tenant’s tenancy. Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

  • Records; Inspection Toshiba and SanDisk shall keep complete, true and accurate books of account and records on its own behalf and on behalf of the Toshiba and SanDisk Affiliates for the purpose of determining the CDP Product Fee amounts, Non-CDP Product Fee amounts, and any amounts payable by Toshiba or SanDisk as applicable pursuant to Section 5.10, under this Agreement. Such books and records shall be kept at Toshiba and SanDisk for at least [*] years following the end of the calendar quarter to which they pertain. Such records will be open for inspection during such [*] year period by an independent auditor who is reasonably acceptable to the parties and agrees to be bound to confidentiality protections of similar scope to those set out in Section 8 hereof, solely for the purpose of verifying statements related to amounts payable hereunder. Such auditor shall be instructed to report only as to whether there is a discrepancy, and if so, the amount of such discrepancy. With reasonable prior notice in writing, such inspections may be made no more than once each calendar year Intermolecular Confidential [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. during regular business hours (other than during quarter-end or year-end financial closing periods), to the extent not unreasonably hindering any operations of Toshiba and SanDisk. Inspections conducted under this Section shall be at the expense of Intermolecular, unless a variation or error producing an increase exceeding [*] percent ([*]%) of the royalties payable for any period covered by the inspection is established and confirmed in the course of any such inspection, whereupon all reasonable and documented costs relating to the inspection for such period and any unpaid amounts that are discovered will be paid promptly by Toshiba and/or SanDisk, as applicable. Further, if the foregoing inspection indicates a need for a follow-up inspection, Intermolecular will have the right thereafter to conduct additional inspections from time to time within one year (in such case, the scope of the inspection shall be limited to those issues which Intermolecular needs to confirm the implementation of any corrective action therefor). Each party agrees to hold in confidence pursuant to Section 8 all information concerning payments and associated reports, and all information learned in the course of any audit or inspection, except to the extent necessary for that party to reveal such information in order to enforce its rights under this Agreement or if disclosure is required by law.

  • Visitation, Inspection, Etc The Borrower will, and will cause each of its Subsidiaries to, permit any representative of the Administrative Agent or any Lender, to visit and inspect its properties, to examine its books and records and to make copies and take extracts therefrom, and to discuss its affairs, finances and accounts with any of its officers and with its independent certified public accountants, all at such reasonable times and as often as the Administrative Agent or any Lender may reasonably request after reasonable prior notice to the Borrower.

  • Maintenance of Books and Records; Inspection The Company shall maintain its books, accounts and records in accordance with generally accepted accounting principles consistently applied, and permit the Secured Party, its officers and employees and any professionals designated by the Secured Party in writing, at any time to visit and inspect any of its properties (including but not limited to the collateral security described in the Transaction Documents and/or the Loan Instruments), corporate books and financial records, and to discuss its accounts, affairs and finances with any employee, officer or director thereof.

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