Common use of Inspection and Access Rights Clause in Contracts

Inspection and Access Rights. CHGE shall have the right at any time during the Term to enter onto the Site during normal business hours on any Business Day to inspect the Project, witness testing, verify conditions have been met, evaluate circumstances regarding Outages or unavailability, or for any other reasonable purpose. CHGE shall have the right to inspect or audit Owner’s EPC Contract and its books and records to verify Owner’s compliance with the Milestone Schedule and other obligations under this Agreement. In addition, Owner shall, and shall cause its subcontractors to, provide CHGE with prompt access to the Site and all applicable documents and records to permit CHGE to determine whether: Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict CHGE’s ability to charge or discharge, or store electric energy in, the Project as provided for in this Agreement; any agreements with subcontractors and suppliers, as described in Section 4.2, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; all contracts or other arrangements necessary to interconnect the Project have been entered into and become effective on a timely basis pursuant to the Milestone Schedule and Owner is not in default thereunder; all contracts and other arrangements necessary to support the construction, installation, operation, and maintenance of the Project, including any agreements and other arrangements for the interconnection and procurement of power for Station Use and Charging Energy Requirements and, if necessary, water supply and waste disposal have been entered into and become effective on a timely basis and Owner is not in default thereunder; and any statement, claim, charge, or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and CHGE shall have the right to request, copies of the aforementioned documents, records, and data for a period of two (2) years following the expiration or earlier termination of this Agreement, unless the documents, records, or data are the subject of or are relevant to an outstanding indemnity or other claim under this Agreement, in which event such documents, records, or data shall be retained until such indemnity or other claim is resolved and is no longer subject to appeal.

Inspection and Access Rights. CHGE shall have Subject to rights of tenants and occupants of the right at any time during the Term to enter onto the Site during normal business hours on any Business Day to inspect the ProjectDemised Premises, witness testing, verify conditions have been met, evaluate circumstances regarding Outages or unavailability, or for any Landlord and its agents and other reasonable purpose. CHGE representatives shall have the right to inspect enter into and upon the Demised Premises or audit Owner’s EPC Contract any part thereof at all reasonable hours and its books upon reasonable notice for the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety and records preservation thereof, which right to verify Owner’s compliance with the Milestone Schedule and other obligations under this Agreement. In addition, Owner make repairs or alterations shall, however, be subject and subordinate to each and every provision contained in this Lease applicable to repairs or alterations, and Landlord agrees that except for emergencies (in Landlord's reasonable opinion), Landlord will give Tenant ten (10) business days' prior notice before making any repairs upon the Deposed Premises and in the event that Tenant shall cause dispute the necessity for such repairs, such disputes shall be subject to arbitration pursuant to Article 34 hereof Except as otherwise specifically provided elsewhere in this Lease, Landlord shall not be under any obligation to make any repairs, alterations and/or improvements of any kind whatsoever, structural or otherwise, but Tenant shall make all such repairs, alterations and improvements at its subcontractors toown cost and expense. However, provide CHGE with prompt access in case of the neglect or default of Tenant in making the same, Landlord may do so during the term hereby granted or after its expiration, subject to the Site provisions of Article 23.F hereof, and all applicable documents reasonable costs and records expenses paid or incurred in connection therewith, plus interest thereon at the rate of one percent (1%) per month, shall be repaid by Tenant to permit CHGE to determine whether: Owner has obtained and maintained all PermitsLandlord on demand as Additional Rent. The recipient bills of the mechanics or contractors employed by Landlord showing,-, the payment by Landlord for the making of such repairs, alterations or improvements, shall be prima facie evidence of the reasonableness of such charges therefor, and that such Permits do not contain Permit Requirements that might restrict CHGE’s ability to charge or discharge, or store electric energy in, the Project as provided for in this Agreement; any agreements with subcontractors and suppliers, as described in Section 4.2, same have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; all contracts or other arrangements necessary to interconnect the Project have been entered into and become effective on a timely basis pursuant to the Milestone Schedule and Owner is not in default thereunder; all contracts and other arrangements necessary to support the construction, installation, operation, and maintenance of the Project, including any agreements and other arrangements for the interconnection and procurement of power for Station Use and Charging Energy Requirements and, if necessary, water supply and waste disposal have been entered into and become effective on a timely basis and Owner is not in default thereunder; and any statement, claim, charge, or calculation made paid by Owner pursuant to this Agreement is accurate. Owner shall retain, and CHGE shall have the right to request, copies of the aforementioned documents, records, and data for a period of two (2) years following the expiration or earlier termination of this Agreement, unless the documents, records, or data are the subject of or are relevant to an outstanding indemnity or other claim under this Agreement, in which event such documents, records, or data shall be retained until such indemnity or other claim is resolved and is no longer subject to appealLandlord.

Inspection and Access Rights. CHGE shall have the right at (a) At any time during the Term to enter onto the Site reasonable times during normal business hours on any Business Day to inspect the Projectand upon reasonable prior notice, witness testing, verify conditions have been met, evaluate circumstances regarding Outages Lion and its representatives (including one or unavailability, or for any other reasonable purpose. CHGE more Supplier’s Inspectors) shall have the right to inspect or audit Owner’s EPC Contract enter and its books and records exit Logistics’ premises in order to verify Owner’s compliance with the Milestone Schedule and other obligations under this Agreement. In addition, Owner shall, and shall cause its subcontractors to, provide CHGE with prompt have access to the Site Tankage and the Terminal for any purpose relating to this Agreement, including to enforce its rights and interests hereunder, to observe the operations of the Tankage and the Terminal and to conduct such inspections as Lion (or its assignee) may wish to have performed in connection with this Agreement, including the right to inspect, gauge, measure, take product samples or take readings at the Tankage and the Terminal on a spot basis; provided that (i) Lion’s personnel shall follow routes and paths designated by Logistics or security personnel employed by Logistics, (ii) Lion’s personnel shall observe all applicable documents security, fire and records to permit CHGE to determine whether: Owner has obtained safety regulations while, in around or about the Terminal and maintained all Permitsthe Tankage, and that such Permits do not contain Permit Requirements that might restrict CHGE’s ability to charge or discharge, or store electric energy in, (iii) Lion shall be liable for any damage directly caused by the Project as provided for in this Agreement; any agreements with subcontractors and suppliers, as described in Section 4.2, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; all contracts negligence or other arrangements necessary tortious conduct of such personnel. Without limiting the generality of the foregoing, Logistics shall regularly grant the Supplier’s Inspector such access from the last day of each month until the third Business Day of the ensuing month. Notwithstanding any of the foregoing, if an Event of Default with respect to interconnect the Project Logistics has occurred and is continuing, Lion (or its assignee) and its representatives and agents (including one or more Supplier’s Inspectors) shall have been entered into unlimited and become effective on a timely basis pursuant unrestricted access to the Milestone Schedule Terminal as such Event of Default continues. (b) When accessing the facilities of Logistics, Lion and Owner is not its representatives (including one or more Supplier’s Inspectors) shall at all times comply with Applicable Law and such safety directives and guidelines as may be furnished to Lion by Logistics in default thereunder; writing from time to time. (c) For all contracts purposes hereunder, any jobbers, distributors, carriers, haulers and other arrangements necessary customers designated in writing or otherwise by Lion to support the construction, installation, operation, and maintenance have loading privileges under this Agreement or having possession of the Project, including any agreements and other arrangements for the interconnection and procurement of power for Station Use and Charging Energy Requirements and, if necessary, water supply and waste disposal have been entered into and become effective on a timely basis and Owner is not in default thereunder; and any statement, claim, charge, or calculation made by Owner loading device furnished to Lion pursuant to this Agreement is accurate. Owner shall retainAgreement, together with their respective officers, servants and CHGE shall have employees, shall, when they access the right Terminal and/or the Tankage, be deemed to request, copies be representatives of Lion and subject to the aforementioned documents, records, and data for a period of two (2) years following the expiration or earlier termination applicable terms of this Agreement, unless the documents, records, or data are the subject of or are relevant and any such person shall enter into an appropriate access agreement with Logistics with respect to an outstanding indemnity or other claim under this Agreement, in which event such documents, records, or data shall be retained until such indemnity or other claim is resolved and is no longer subject to appealaccess. Section 5.

Inspection and Access Rights. CHGE NYSEG shall have the right at any time during the Term to enter onto the Site during normal business hours on any Business Day to inspect the Project, witness testing, verify conditions have been met, evaluate circumstances regarding Outages or unavailability, or for any other reasonable purpose. CHGE NYSEG shall have the right to inspect or audit Owner’s EPC Contract and its books and records to verify Owner’s compliance with the Milestone Schedule and other obligations under this Agreement. In addition, Owner shall, and shall cause its subcontractors to, provide CHGE NYSEG with prompt access to the Site and all applicable documents and records to permit CHGE NYSEG to determine whether: Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict CHGENYSEG’s ability to charge or discharge, or store electric energy in, the Project as provided for in this Agreement; any agreements with subcontractors and suppliers, as described in Section 4.2, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; all contracts or other arrangements necessary to interconnect the Project have been entered into and become effective on a timely basis pursuant to the Milestone Schedule and Owner is not in default thereunder; all contracts and other arrangements necessary to support the construction, installation, operation, and maintenance of the Project, including any agreements and other arrangements for the interconnection and procurement of power for Station Use and Charging Energy Requirements and, if necessary, water supply and waste disposal have been entered into and become effective on a timely basis and Owner is not in default thereunder; and any statement, claim, charge, or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and CHGE NYSEG shall have the right to request, copies of the aforementioned documents, records, and data for a period of two (2) years following the expiration or earlier termination of this Agreement, unless the documents, records, or data are the subject of or are relevant to an outstanding indemnity or other claim under this Agreement, in which event such documents, records, or data shall be retained until such indemnity or other claim is resolved and is no longer subject to appeal.

Inspection and Access Rights. CHGE RG&E shall have the right at any time during the Term to enter onto the Site during normal business hours on any Business Day to inspect the Project, witness testing, verify conditions have been met, evaluate circumstances regarding Outages or unavailability, or for any other reasonable purpose. CHGE RG&E shall have the right to inspect or audit Owner’s EPC Contract and its books and records to verify Owner’s compliance with the Milestone Schedule and other obligations under this Agreement. In addition, Owner shall, and shall cause its subcontractors to, provide CHGE RG&E with prompt access to the Site and all applicable documents and records to permit CHGE RG&E to determine whether: Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict CHGERG&E’s ability to charge or discharge, or store electric energy in, the Project as provided for in this Agreement; any agreements with subcontractors and suppliers, as described in Section 4.2, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; all contracts or other arrangements necessary to interconnect the Project have been entered into and become effective on a timely basis pursuant to the Milestone Schedule and Owner is not in default thereunder; all contracts and other arrangements necessary to support the construction, installation, operation, and maintenance of the Project, including any agreements and other arrangements for the interconnection and procurement of power for Station Use and Charging Energy Requirements and, if necessary, water supply and waste disposal have been entered into and become effective on a timely basis and Owner is not in default thereunder; and any statement, claim, charge, or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and CHGE RG&E shall have the right to request, copies of the aforementioned documents, records, and data for a period of two (2) years following the expiration or earlier termination of this Agreement, unless the documents, records, or data are the subject of or are relevant to an outstanding indemnity or other claim under this Agreement, in which event such documents, records, or data shall be retained until such indemnity or other claim is resolved and is no longer subject to appeal.