Common use of Inspection and Reports Clause in Contracts

Inspection and Reports. (a) Upon three (3) Business Days prior notice (or one (1) Business Day prior notice during the existence of an Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation Agreement, Lessor, the Administrative Agent or their respective authorized representatives (collectively, the “Inspecting Parties”) at any time during the Term may inspect (i) the Leased Property and (ii) the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with Lessee’s authorized representatives and Lessee’s independent public accountants (provided that the Lessee is afforded the opportunity to participate in such discussion). All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s normal business hours, (y) be subject to Lessee’s customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to time, and (z) be at the expense and risk of the Inspecting Parties, except that if an Event of Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee shall have the right, at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspection. No inspection shall unreasonably interfere with Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Property. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Lessee shall prepare and file, or cause to be prepared and filed, in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expense.

Inspection and Reports. (a) Upon three (3) Business Days prior notice (or one (1) Business Day prior such notice being waived by Lessee during the existence of an Event of Default) to Lessee and subject to the provisions of Section 15.14 16.15 of the Participation Agreement, Lessor, Lessor or the Administrative Collateral Agent or their respective authorized representatives (collectively, the “Inspecting Parties”) at any time during the Term may inspect (i) the Leased Property and (ii) the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with Lessee’s authorized representatives and Lessee’s independent public accountants (provided that the Lessee is afforded the opportunity to participate in such discussion)officers. All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s normal business hours, (y) shall be subject to Lessee’s customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to time, and (z) shall be at the expense and risk of the Inspecting Parties, except that if an Event of Default or Default has occurred and is continuingcontinuing and, subject to Section 16.5 hereof, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee inspections and, except for the Inspecting Party’s gross negligence or willful misconduct, such inspection shall have the right, be at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspectionLessee’s risk. No inspection shall unreasonably interfere with Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Propertyoperations. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Term Lessee shall prepare and file, or cause to be prepared and filed, in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, and make available to Lessor within a reasonable time period prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expenseAuthority.

Inspection and Reports. (a) Upon three five (35) Business Days prior notice (to Lessee, Lessor or one (1) Business Day prior notice during the existence of an Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation Agreement, Lessor, the Administrative Agent or their respective its authorized representatives (collectively, the “Inspecting Parties”"INSPECTING PARTIES") at any time during the Term may inspect (ia) the Leased Property and (iib) the books and records of Lessee relating to the Leased Property Records and (subject to appropriate confidentiality arrangements) make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with Lessee’s authorized representatives and Lessee’s independent public accountants (provided that the Lessee is afforded the opportunity to participate in such discussion)therefrom. All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s 's normal business hourshours (unless an Event of Default has occurred and is existing), (y) shall be subject to Lessee’s 's customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to time, and (z) shall be at the expense and risk of the Inspecting Parties, except that if an Event of Default or a Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee shall have inspections and, except for the rightInspecting Party's gross negligence or willful misconduct, at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspection. No inspection shall unreasonably interfere with Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Property. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None be at Xxxxxx's risk, and none of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and inquiry. No inspection shall unreasonably interfere with Xxxxxx's operations. None of the Inspecting Parties shall have any duty to the extent make any such Inspecting Party causes damage to the Leased Property inspection or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work productinquiry. (b) To the extent permissible under Applicable Laws, during the Term, Lessee shall prepare and file, or cause to be prepared and filed, file in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, prepare and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, at Lessee's sole cost and expense, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expenseAuthority.

Inspection and Reports. At all reasonable times, JGB Agent and its agents may inspect the Property, with not less than 24 hours’ prior notice, to ascertain whether the covenants and agreements contained herein or in any supplementary agreement are being performed. Upon demand by JGB Agent, but not more than quarterly, the Mortgagor shall promptly deliver to JGB Agent all financial reports, statements, rent rolls and other documents relating to the Property and the Mortgagor, as shall be reasonably requested by JGB Agent. Mortgagor hereby authorizes JGB Agent to undertake or to have third parties undertake on its behalf (anot more often than twice in any 12 month period) Upon three environmental investigations regarding the Property and its operation including research into the previous and current ownership, use, and condition (3by taking samples or borings or otherwise) Business Days prior notice of the Property for the purpose of attempting to determine whether: (i) Mortgagor or one any current or past occupant of the Property has violated any federal, state or local laws involving the protection of the environment and/or the disposition of, or exposure to, hazardous or toxic substances, as now existing or as hereinafter amended or enacted, or any rules, regulations, guidelines or standards promulgated pursuant thereto; and (1ii) Business Day prior notice during whether any hazardous or toxic substances have been used or disposed of on the existence Property. Such investigations may be performed at any time before or after occurrence of an Event of Default) Default and Mxxxxxxxx will permit JGB Agent and persons acting on its behalf to Lessee and subject have access to the provisions Property and records concerning the Property for the purpose of Section 15.14 conducting such investigations. The cost of all such investigations shall be immediately paid by Mxxxxxxxx to JGB Agent, and if not paid, shall be added to the Obligations secured hereby and shall bear interest at the highest rate specified in any of the Participation Agreement, Lessor, the Administrative Agent or their respective authorized representatives (collectively, the “Inspecting Parties”) at any time during the Term may inspect (i) the Leased Property and (ii) the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with Lessee’s authorized representatives and Lessee’s independent public accountants (provided that the Lessee is afforded the opportunity to participate in such discussion). All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s normal business hours, (y) be subject to Lessee’s customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish Obligations secured hereby from time to time, and (z) be at the expense and risk of the Inspecting Parties, except that if an Event of Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee shall have the right, at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspection. No inspection shall unreasonably interfere with Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Property. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Lessee shall prepare and file, or cause to be prepared and filed, in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expenseincurred by JGB Agent until paid.

Inspection and Reports. (a) Upon three (3) Business Days prior notice (or one (1) Business Day prior notice during the existence of an Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation Agreement, Lessor, the Administrative Agent or their respective authorized representatives (collectively, the “Inspecting Parties”) at any time during the Term may inspect (i) the Leased Property and (ii) the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with LesseeLxxxxx’s relevant authorized representatives and LesseeLxxxxx’s independent public accountants (provided that the Lessee is afforded the shall have received reasonable notice thereof and a reasonable opportunity to participate in such discussion) (and, if such participation is elected, Lxxxxx participated). All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed at reasonable times during Lessee’s normal business hours, (y) be subject to Lessee’s customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to time, and (z) be at the expense and risk of the Inspecting Parties, except that if an Event of Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee shall have the right, at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspection. No inspection shall unreasonably interfere with LesseeLxxxxx’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Property. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will shall not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1A) constitutes would result in a lost of attorney client privilege or claim of attorney work product, (B) would result in disclosure of any information related to the equityholders of Parent Guarantor or the arrangements among such equityholders or other sensitive or proprietary information, including non-financial trade secrets or and non-financial proprietary information, (2) in respect of which disclosure related to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on business of the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3C) is subject to attorney client the extent the disclosure thereof would violate any laws, rules or similar privilege regulations applicable to, or constitutes attorney work productany confidentiality obligation binding on, the Parent Guarantor, Lessee or any of their respective Subsidiaries. (b) To the extent permissible under Applicable Laws, during the Term, Lessee shall prepare and file, or cause to be prepared and filed, in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at LesseeLxxxxx’s cost and expense.

Inspection and Reports. (a) Upon three (3) Business Days prior notice (Licensee shall permit Licensor to inspect any facilities, stores or records, used or maintained by Licensee or its Subsidiaries in connection with the offer or sale of any products or the performance of any services under one (1) Business Day prior notice during the existence of an Event of Default) to Lessee and subject to the provisions of Section 15.14 or more of the Participation Agreement, Lessor, the Administrative Agent or their respective authorized representatives (collectively, the “Inspecting Parties”) Licensed Properties. If at any time during Licensor should find that the Term use by Licensee or its Subsidiaries of one or more of the Licensed Properties is not approved and in full compliance with the quality standards or other specifications as set forth herein or established in connection herewith, Licensor shall promptly notify Licensee in writing, describing in detail the non-compliance, and within 60 days thereafter Licensee shall take, and shall cause its Subsidiaries to take, the necessary steps to correct any such deficiencies and to fully comply with the Licensor's quality standards and other specifications. Notwithstanding the foregoing, the failure by Licensor to notify Licensee shall not affect any claims Licensor may inspect (i) the Leased Property and (ii) the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts have against Licensee or its Subsidiaries with respect to the Leased Property with Lessee’s authorized representatives and Lessee’s independent public accountants (provided that the Lessee is afforded the opportunity to participate in such discussion). All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s normal business hours, (y) be subject to Lessee’s customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to time, and (z) be at the expense and risk of the Inspecting Parties, except that if an Event of Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee shall have the right, at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspection. No inspection shall unreasonably interfere with Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Property. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work productdeficiencies. (b) To Licensee shall make available, and shall cause its Subsidiaries to make available, its distribution facility for inspection by Licensor and/or Licensor's representative and/or cause each Too, Inc. store to be inspected at least once each year and shall cause approximately one-half of the extent permissible under Applicable LawsToo, Inc. stores to be inspected on a semi-annual basis. Licensee shall submit to Licensor within 60 days after the end of Licensee's fiscal year a written statement certified by Licensee to be true and correct showing the following: (1) The addresses, store numbers or description of locations of the Too, Inc. stores inspected during the Term, Lessee shall prepare and filesuch fiscal year; and (2) That each such store that was inspected complies in all material respects with this Agreement, or cause if the foregoing is untrue, Licensee shall state with particularity (i) the reason therefore and (ii) recommendations of action to be prepared and filedtaken to correct any deficiencies disclosed. In the event that Licensee does not receive written notice from Licensor concerning any such noncompliance within 30 days after the mailing of such written statement by Licensee to Licensor, in a timely fashionLicensee shall promptly proceed, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s its own cost and expense, to implement any such recommendations. In the event that Licensee receives a written notice from Licensor concerning any such noncompliance within such 30 days, Licensee shall promptly proceed, at its own cost and expense, to comply with the provisions of such written notice. Nothing herein shall be construed to prevent Licensee from proceeding, at its own cost and expense, to implement any of its recommendations with 30 days from the mailing of such written statement by Licensee to Licensor. (c) Licensee shall make available copies of all inspection reports to Licensor and Licensor's trademark counsel at Licensee's headquarters.

Inspection and Reports. (a) Upon three (3) Business Days prior notice (or one (1) Business Day prior notice during the existence of an a Default or Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation AgreementLessee, Lessor, the Administrative Agent any Participant or their respective authorized representatives (collectively, the “Inspecting Parties”) at any time during the Term may inspect (i) the Leased Property and (ii) the books and records of Lessee relating to the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with LesseeXxxxxx’s authorized representatives and Lesseeofficers, Xxxxxx’s independent public accountants (provided that and, by this provision, Xxxxxx authorizes and directs its independent public accountants to discuss such matters with the Lessee is afforded the opportunity Inspecting Parties). Absent an Event of Default, such inspections shall be limited to participate in such discussion)once per year. All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s normal business hours, (yx) be subject to Lessee’s customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to timeprovisions, and (zy) be at the expense and risk of the Inspecting Parties, except that if an Event of Default has occurred and is continuing, Lessee Xxxxxx shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee inspections and (z) such inspection shall have the right, be at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspectionLessee’s risk. No inspection shall unreasonably interfere with LesseeXxxxxx’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Propertyoperations. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Lessee shall prepare and file, or cause to be prepared and filed, in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expenseAuthority.

Inspection and Reports. (a) Upon three five (35) Business Days prior notice (to Lessee, Agent Lessor or one (1) Business Day prior notice during the existence of an Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation Agreement, Lessor, the Administrative Agent or their respective its authorized representatives (collectively, the “"Inspecting Parties”") at any time during the Term may inspect (ia) the Leased Property Premises and (iib) the Leased Property Records books and records of Lessee relating to the Premises and (subject to appropriate confidentiality arrangements) make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with Lessee’s authorized representatives and Lessee’s independent public accountants (provided that the Lessee is afforded the opportunity to participate in such discussion)therefrom. All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s 's normal business hourshours (unless an Event of Default has occurred and is existing), (y) shall be subject to Lessee’s 's customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to time, and (z) shall be at the expense and risk of the Inspecting Parties, except that if an Event of Default or Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee inspections and, except for the Inspecting Party's gross negligence or willful misconduct, such inspection shall have the right, be at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspectionLessee's risk. No inspection shall unreasonably interfere with Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Property's operations. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property Premises or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Lessee shall prepare and file, or cause to be prepared and filed, file in a timely fashion, or, where Agent Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, prepare and make available to Agent Lessor within a reasonable time prior to the date for filing and Agent Lessor shall file, any reports with respect to the condition or operation of the Leased Property Premises that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expenseAuthority.

Inspection and Reports. (a) Upon three (3) Business Days prior notice (or one (1) Business Day prior notice during the existence of an a Default or Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation AgreementLessee, Lessor, the Administrative Agent any Participant or their respective authorized representatives (collectively, the “Inspecting Parties”) at any time during the Term may inspect (i) the Leased Property and (ii) the books and records of Lessee relating to the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with Lessee’s authorized representatives and officers, Lessee’s independent public accountants (provided that and, by this provision, Lessee authorizes and directs its independent public accountants to discuss such matters with the Lessee is afforded the opportunity Inspecting Parties). Absent an Event of Default, such inspections shall be limited to participate in such discussion)once per year. All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s normal business hours, (yx) be subject to Lessee’s customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to timeprovisions, and (zy) be at the expense and risk of the Inspecting Parties, except that if an Event of Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee inspections and (z) such inspection shall have the right, be at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspectionLessee’s risk. No inspection shall unreasonably interfere with Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Propertyoperations. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Lessee shall prepare and file, or cause to be prepared and filed, in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expenseAuthority.

Inspection and Reports. (a) Upon three two (32) Business Days prior notice (to Agent Lessee, Lessor or one (1) Business Day prior notice during the existence of an Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation Agreement, Lessor, the Administrative Agent or their respective its authorized representatives (collectively, the “"Inspecting Parties”") at any time during the Term may inspect (i) any Facility and the Leased Property Equipment and (ii) the Leased Property Records books and records of Lessees relating to the Equipment and may make copies and abstracts therefrom and may discuss the affairs, finances finance and accounts with respect to the Leased Property Equipment with any Lessee’s authorized representatives and Lessee’s independent public accountants (provided that the Lessee is afforded the opportunity to participate in such discussion)'s officers. All such inspections shall be during the applicable Lessee's normal business hours (w) unless an Event of Default has occurred and is existing), shall be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during such Lessee’s normal business hours, (y) be subject to Lessee’s 's customary safety and security provisions provisions, shall be conducted in compliance with any applicable Gaming Laws and any reasonable rules of inspection conduct Lessee may establish from time to time, and (z) shall be at the expense and risk of the Inspecting Parties, except that if an Event of Default has occurred and is continuing, Lessee Lessees shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee inspections and, except for the Inspecting Party's gross negligence or willful misconduct, such inspection shall have the right, be at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspectionLessees' risk. No inspection shall unreasonably interfere with any applicable Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Property's operations. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property applicable Equipment or any property of any applicable Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Lessee Lessees shall prepare and file, or cause to be prepared and filed, file in a timely fashion, or, where Lessor shall be required to file, Lessee Lessees shall prepare, or cause to be prepared, prepare and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property any Equipment that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expense.Agency. ARTICLE V

Inspection and Reports. (a) Upon No more than once per calendar year during the Term (unless an Event of Default shall have occurred and be continuing), upon three (3) Business Days prior written notice (or one (1) Business Day prior notice during the existence of an Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation AgreementLessee, Lessor, the Administrative Agent any Participant or their respective authorized representatives (collectively, the “Inspecting Parties”) at any time during the Term may inspect (i) the Leased Property and (ii) the books and records of Lessee relating to the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with LesseeXxxxxx’s authorized representatives officers and LesseeXxxxxx’s independent public accountants (provided that and, by this provision, Xxxxxx authorizes and directs its independent public accountants to discuss such matters with the Lessee is afforded the opportunity to participate in such discussionInspecting Parties). All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s normal business hours, (yx) be subject to Lessee’s customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to timeprovisions, and (zy) be at the expense and risk of the Inspecting Parties, except that if a Default or an Event of Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee inspections and such inspection shall have the right, be at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspectionLessee’s risk. No inspection shall unreasonably interfere with LesseeXxxxxx’s operations. Notwithstanding anything to the contrary herein, none of Lessee nor any of its officers or independent public accountants will be required to disclose or permit the inspection or discussion of, any document, information or other matter (i) that constitutes non-financial trade secrets or non-financial proprietary information, (ii) in respect of which disclosure to the Inspecting Parties or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property them is prohibited by the Lessee Law or any tenants binding agreement or other occupants of the Leased Property(iii) that is subject to attorney-client or similar privilege or constitutes attorney work product. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Lessee shall prepare and filefile (to the extent permissible for Lessee to file under Applicable Laws), or cause to be prepared and filed, in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable LawsAuthority. Article V Net Lease, in each case, such preparation and filing at Lessee’s cost and expenseEtc.

Inspection and Reports. (a) Upon three two (32) Business Days Days’ prior notice (or one (1) Business Day prior notice during the existence of unless an Event of DefaultDefault has occurred and is continuing) to Lessee and subject to the provisions of Section 15.14 of the Participation AgreementAgent Lessee, Lessor, the Administrative Agent Lenders or their respective authorized representatives (collectively, the “Inspecting Parties”) at any time during the Term may inspect (i) any Facility and the Leased Property Equipment and (ii) the Leased Property Records books and records of Lessees relating to the Equipment and may make copies and abstracts therefrom and may discuss the affairs, finances finance and accounts with respect to the Leased Property Equipment with any Lessee’s authorized representatives and Lessee’s independent public accountants (provided that the Lessee is afforded the opportunity to participate in such discussion)officers. All such inspections shall (w) be subject to during the rights of all tenants and other occupants at the Leased Property, (x) be performed during applicable Lessee’s normal business hourshours (unless an Event of Default has occurred and is existing), (y) shall be subject to such Lessee’s customary safety and security provisions provisions, shall be conducted in compliance with any applicable Gaming Laws and any reasonable rules of inspection conduct Lessee may establish from time to time, and (z) shall be at the expense and risk (unless an Event of Default has occurred and is continuing) of the Inspecting Parties, except that if an Event of Default has occurred and is continuing, Lessee Lessees shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee inspections and, except for the Inspecting Party’s gross negligence or willful misconduct, such inspection shall have the right, be at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspectionLessees’ risk. No inspection shall unreasonably interfere with any applicable Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Propertyoperations. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property applicable Equipment or any property of any applicable Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Lessee Lessees shall prepare and file, or cause to be prepared and filed, file in a timely fashion, or, where Lessor shall be required to file, Lessee Lessees shall prepare, or cause to be prepared, prepare and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property any Equipment that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expenseAgency.

Inspection and Reports. (a) Upon three (3) Business Days prior notice (or one (1) Business Day prior notice during the existence of an a Default or Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation AgreementLessee, Lessor, the Administrative Agent any Participant or their respective authorized representatives (collectively, the “Inspecting Parties”) at any time during the Term may inspect (i) the Leased Property and (ii) the books and records of Lessee relating to the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with Lessee’s authorized representatives and officers, Lessee’s independent public accountants (provided that and, by this provision, Lessee authorizes and directs its independent public accountants to discuss such matters with the Lessee is afforded the opportunity Inspecting Parties). Absent an Event of Default, such inspections shall be limited to participate in such discussion)once per year. All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s normal business hours, (yx) be subject to Lessee’s customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to timeprovisions, and (zy) be at the expense and risk of the Inspecting Parties, except that if an Event of Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee inspections and (z) such inspection shall have the right, be at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspectionLessee’s risk. No inspection shall unreasonably interfere with Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Propertyoperations. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Lessee shall prepare and file, or cause to be prepared and filed, in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expense.Authority. ARTICLE V

Inspection and Reports. (a) Upon three five (35) Business Days Days' prior notice (or one two (12) Business Day Day's prior notice during the existence of an Event of Default) to Lessee and subject to the provisions of Section 15.14 of the Participation AgreementLessee, Lessor, the Administrative Agent Lessor or their respective its authorized representatives (collectively, the “Inspecting Parties”"INSPECTING PARTIES") at any time during the Term may inspect (ia) the Leased Property and (iib) the books and records of Lessee relating to the Leased Property Records and make copies and abstracts therefrom and may discuss the affairs, finances and accounts with respect to the Leased Property with Lessee’s authorized representatives and 's officers, Lessee’s 's independent public accountants (provided and, by this provision, Lessee authorizes and directs its independent public accountants to discuss such matters with the Inspecting Parties; PROVIDED, HOWEVER, that so long as no Event of Default shall have occurred and be continuing, the Lessee is afforded Lessor and its authorized representatives shall only be entitled to make one inspection in any twelve (12) month period; PROVIDED, FURTHER, that such limitation shall not be applicable during the opportunity to participate in such discussion)period following the exercise and continuance of the Sale Option by the Lessee. All such inspections shall (w) be subject to the rights of all tenants and other occupants at the Leased Property, (x) be performed during Lessee’s 's normal business hours, (y) shall be subject to Lessee’s 's customary safety and security provisions and any reasonable rules of inspection conduct Lessee may establish from time to time, and (z) shall be at the expense and risk of the Inspecting Parties, except that that, if an Event of Default or Default has occurred and is continuing, Lessee shall reimburse on demand the Inspecting Parties for the reasonable and documented out-of-pocket costs of such inspections. Lessee inspections and such inspection shall have the right, be at its option, to cause a representative or agent of Lessee to be present at any and all time during each such inspectionLessee's expense. No inspection shall unreasonably interfere with Lessee’s or any tenant’s or occupant’s business or operations or otherwise unreasonably disturb the use or occupancy of the Leased Property by the Lessee or any tenants or other occupants of the Leased Property's operations. None of the Inspecting Parties shall have any duty to make any such inspection or inquiry. None of the Inspecting Parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such Inspecting Party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection. Notwithstanding anything to the contrary in this Section 4.2, Lessee will not be required to disclose, permit the inspection, examination or making of extracts, or discussion of, any documents, information or other matter that (1) constitutes non-financial trade secrets or non-financial proprietary information, (2) in respect of which disclosure to the applicable Inspecting Party (or any designated representative) is then prohibited by law, rule or regulation or any agreement binding on the Parent Guarantor, Lessee or any of their respective Subsidiaries or (3) is subject to attorney client or similar privilege or constitutes attorney work product. (b) To the extent permissible under Applicable Laws, during the Term, Term Lessee shall prepare and file, or cause to be prepared and filed, file in a timely fashion, or, where Lessor shall be required to file, Lessee shall prepare, or cause to be prepared, prepare and make available to Lessor within a reasonable time prior to the date for filing and Lessor shall file, any reports with respect to the condition or operation of the Leased Property that shall be required to be filed with any Governmental Authority pursuant to any Applicable Laws, in each case, such preparation and filing at Lessee’s cost and expenseAuthority.