Common use of Inspection and Access Rights Clause in Contracts

Inspection and Access Rights. 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. 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 NYSEG with prompt access to the Site and all applicable documents and records to permit NYSEG to determine whether: (a) Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict NYSEG’s ability to charge or discharge, or store energy in, the Project as provided for in this Agreement; (b) any agreements with subcontractors and suppliers, as described in Section 4.02, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; (c) 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; (d) 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 (e) any statement, claim, charge or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and 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. NYSEG 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. NYSEG 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 NYSEG RG&E with prompt access to the Site and all applicable documents and records to permit NYSEG RG&E to determine whether: (a) : Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict NYSEGRG&E’s ability to charge or discharge, or store electric energy in, the Project as provided for in this Agreement; (b) ; any agreements with subcontractors and suppliers, as described in Section 4.024.2, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; (c) ; 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; (d) ; 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 (e) and any statement, claim, charge charge, or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and NYSEG 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.

Inspection and Access Rights. NYSEG CECONY 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. NYSEG CECONY 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 NYSEG CECONY with prompt access to the Site and all applicable documents and records to permit NYSEG CECONY to determine whether:whether:‌ (a) Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict NYSEGCECONY’s ability to charge or discharge, or store energy in, the Project as provided for in this Agreement; (b) any agreements with subcontractors and suppliers, as described in Section 4.02, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; (c) 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; (d) 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 (e) any statement, claim, charge or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and NYSEG CECONY 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. 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. 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 NYSEG with prompt access to the Site and all applicable documents and records to permit NYSEG to determine whether: (a) : Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict NYSEG’s ability to charge or discharge, or store electric energy in, the Project as provided for in this Agreement; (b) ; any agreements with subcontractors and suppliers, as described in Section 4.024.2, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; (c) ; 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; (d) ; 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 (e) and any statement, claim, charge charge, or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and 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. NYSEG 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. NYSEG 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 NYSEG CHGE with prompt access to the Site and all applicable documents and records to permit NYSEG CHGE to determine whether: (a) Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict NYSEGCHGE’s ability to charge or discharge, or store electric energy in, the Project as provided for in this Agreement; (b) any agreements with subcontractors and suppliers, as described in Section 4.024.2, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; (c) 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; (d) 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 (e) any statement, claim, charge charge, or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and NYSEG 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. NYSEG 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. NYSEG 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 NYSEG CHGE with prompt access to the Site and all applicable documents and records to permit NYSEG CHGE to determine whether: (a) Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict NYSEGCHGE’s ability to charge or discharge, or store electric energy in, the Project as provided for in this Agreement; (b) any agreements with subcontractors and suppliers, as described in Section 4.024.2, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; (c) 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; (d) 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 (e) any statement, claim, charge or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and NYSEG 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. NYSEG O&R 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. NYSEG O&R 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 NYSEG O&R with prompt access to the Site and all applicable documents and records to permit NYSEG O&R to determine whether:whether:‌ (a) Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict NYSEGO&R’s ability to charge or discharge, or store energy in, the Project as provided for in this Agreement; (b) any agreements with subcontractors and suppliers, as described in Section 4.02, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; (c) 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; (d) 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 (e) any statement, claim, charge or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and NYSEG O&R 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. NYSEG CECONY shall have the right at any time from and after execution of this Agreement and 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. NYSEG CECONY shall ensure that any CECONY personnel that enters the Site, including pursuant to Section 4.05, complies with the safety and security procedures established by Owner and its EPC Contractor with respect to the Site. CECONY 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 NYSEG CECONY with prompt access to the Site and all applicable documents and records to permit NYSEG CECONY to determine whether: (a) Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might may restrict NYSEGCECONY’s ability to charge or charge, discharge, or store energy in, the Project as provided for in this Agreement; (b) any agreements with subcontractors and suppliers, as described in Section 4.02, have been entered into and have become effective and neither Owner nor any other party thereto is in default thereunder; (c) 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; (d) 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 (e) any statement, claim, charge or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and NYSEG CECONY 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. NYSEG 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 regardingOutages or unavailability, or for any other reasonable purpose. NYSEG 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 NYSEG RG&E with prompt access to the Site and all applicable documents and records to permit NYSEG RG&E to determine whether: (a) Owner has obtained and maintained all Permits, and that such Permits do not contain Permit Requirements that might restrict NYSEGRG&E’s ability to charge or discharge, or store electric energy in, the Project as provided for in this Agreement; (b) any agreements with subcontractors and suppliers, as described in Section 4.02inSection 4.2, have been entered into and have become effective and neither Owner nor any other anyother party thereto is in default thereunder; (c) 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; (d) 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 (e) any statement, claim, charge charge, or calculation made by Owner pursuant to this Agreement is accurate. Owner shall retain, and NYSEG 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.