Common use of Inspection Report Clause in Contracts

Inspection Report. Within sixty (60) days after notice from the City to RIDA requesting an Inspection Report, which notice shall not be given more than once in any five- (5-) year period (unless the City determines that RIDA may be in default of its obligations under this Section 6.6, in which event such time limitation shall not apply), RIDA, at RIDA’s sole expense, shall provide to the City a detailed inspection report listing any known defects, required repairs or deferred maintenance items in the Facility and recommendations for work to be performed to ensure that the condition of the Facility is in full compliance with this Sublease, including the standard of condition set forth in this Section 6.6 (the “Inspection Report”). Notwithstanding the foregoing, if the City requests an Inspection Report more than once in any Lease Period, then the City shall pay RIDA for any reasonable costs incurred by RIDA in connection with such Inspection Report unless such Inspection Report demonstrates that RIDA is in default of its obligations under this Section 6.6. The Inspection Report shall be (i) prepared by an unrelated third-party inspector licensed in the State of California selected by XXXX, (ii) certified to the City, to the best knowledge of the Person conducting the inspection, as complete and accurate, and (iii) in a form reasonably acceptable to the City. Without limitation of RIDA’s obligations or the City’s remedies hereunder, XXXX shall commence work to comply with the recommendations set forth in such Inspection Report within thirty (30) days of receipt of same and diligently pursue such work to completion within not later than one hundred eighty (180) days of receipt of such Inspection Report. Notwithstanding the requirement in this Section 6.6(c) that RIDA provide the City with an Inspection Report within sixty (60) days after notice from the City, so long as there is no Event of Default and the Convention Center is operated pursuant to a Hotel Management Agreement under an Acceptable Brand, and such Hotel Management Agreement requires RIDA to maintain and repair the Facility in accordance with such Hotel Management Agreement and requires there to be established a reserve for repair and maintenance of the Facility, including without limitation, the furniture, trade fixtures and equipment, and such repair and maintenance occur in accordance with the requirements of such Hotel Management Agreement, Section 6.6(a) and Section 6.6(b), then the foregoing Inspection Reports shall not be required.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement

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Inspection Report. Within sixty (60) days after notice from the City Landlord to RIDA Tenant requesting an Inspection Report, which notice shall not be given more than once in any five- (5-) year period (unless the City Landlord determines that RIDA Tenant may be in default of its obligations under this Section 6.6Article 15, in which event such time limitation shall not apply), RIDATenant, at RIDA’s Tenant's sole expense, shall provide to the City Landlord a detailed inspection report listing any known defects, required repairs or deferred maintenance items in the Facility Premises and the Improvements and recommendations for work to be performed to ensure that the condition of the Facility Premises and the Improvements is in full compliance with this SubleaseLease, including the standard of condition set forth in this Section 6.6 15.1 (the "Inspection Report"). Notwithstanding the foregoing, if the City If Landlord requests an Inspection Report more than once in any Lease Rental Period, then the City Landlord shall pay RIDA Tenant for any reasonable costs incurred by RIDA Tenant in connection with such Inspection Report unless such Inspection Report demonstrates that RIDA Tenant is in default of its obligations under this Section 6.6Article 15. The Inspection Report shall be (i) prepared by an unrelated third-party inspector licensed in the State of California selected by XXXXXxxxxx, (ii) certified to the CityLandlord, to the best knowledge of the Person conducting the inspection, as complete and accurate, and (iii) in a form reasonably acceptable to the CityLandlord. Without limitation of RIDA’s Tenant's obligations or the City’s Xxxxxxxx's remedies hereunder, XXXX Xxxxxx shall commence work to comply with the recommendations set forth in such Inspection Report within thirty (30) days of receipt of same and diligently pursue such work to completion within not later than one hundred eighty (180) days of receipt of such Inspection Report. As a condition precedent to Tenant submitting the Redevelopment Plan Package, notwithstanding that Landlord may not have requested an Inspection Report, Tenant shall deliver an Inspection Report not earlier than six (6) months prior to the submission of the Redevelopment Plan Package and perform any work recommended therein prior to submitting the Redevelopment Plan Package. Notwithstanding the requirement in this Section 6.6(c) 15.3 that RIDA Tenant provide the City Landlord with an Inspection Report within sixty (60) days after notice from the CityLandlord, so long as there is no Event of Default and the Convention Center is Premises and the Improvements are operated pursuant to a Hotel Management Agreement under an Acceptable Brand, and such Hotel Management Agreement requires RIDA Tenant to maintain and repair the Facility Premises and Improvements in accordance with such Hotel Management Agreement and requires there to be established a reserve for repair and maintenance of the FacilityPremises and Improvements, including without limitation, the furniture, trade fixtures and equipment, and such repair and maintenance occur in accordance with the requirements of such Hotel Management Agreement, Section 6.6(a) Agreement and Section 6.6(b)Sections 15.1 and 15.2, then the foregoing Inspection Reports shall not be required; provided, however, that the delivery of an Inspection Report and performance of the work recommended therein shall continue to be a condition precedent to Tenant's submission of the Redevelopment Plan Package.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Inspection Report. Within sixty (60) days after notice from the JEPA to the City to RIDA requesting an Inspection Report, which notice shall not be given more than once in any five- (5-5) year period (unless the City JEPA determines that RIDA the City may be in default of its obligations under this Section 6.67.5, in which event such time limitation shall not apply), RIDAthe City, at RIDAthe City’s sole expense, shall provide to the City JEPA a detailed inspection report listing any known defects, required repairs or deferred maintenance items in the Facility and recommendations for work to be performed to ensure that the condition of the Facility is in full compliance with this SubleaseFacility Lease, including the standard of condition set forth in this Section 6.6 7.5 (the “Inspection Report”). Notwithstanding If the foregoing, if the City JEPA requests an Inspection Report more than once in any Lease Period, then the City JEPA shall pay RIDA the City for any reasonable costs incurred by RIDA the City in connection with such Inspection Report unless such Inspection Report demonstrates that RIDA the City is in default of its obligations under this Section 6.67.5. The Inspection Report shall be (i) prepared by an unrelated third-party inspector licensed in the State of California selected by XXXXthe City, (ii) certified to the CityJEPA, to the best knowledge of the Person conducting the inspection, as complete and accurate, and (iii) in a form reasonably acceptable to the CityJEPA. Without limitation of RIDAthe City’s obligations or the CityJEPA’s remedies hereunder, XXXX the City shall commence work to comply with the recommendations set forth in such Inspection Report within thirty (30) days of receipt of same and diligently pursue such work to completion within not later than one hundred eighty (180) days of receipt of such Inspection Report. Notwithstanding the requirement in this Section 6.6(c7.5(c) that RIDA the City provide the City JEPA with an Inspection Report within sixty (60) days after notice from the CityJEPA, so long as there is no Event of Default under the Sublease and the Convention Center is operated pursuant to a Hotel Management Agreement under an Acceptable Brand, and such Hotel Management Agreement requires RIDA to maintain and repair the Facility in accordance with such Hotel Management Agreement and requires there to be established a reserve for repair and maintenance of the Facility, including without limitation, the furniture, trade fixtures and equipment, and such repair and maintenance occur in accordance with the requirements of such Hotel Management Agreement, Section 6.6(a7.5(a) and Section 6.6(b7.5(b), then the foregoing Inspection Reports shall not be required.

Appears in 2 contracts

Samples: Facility Lease, Facility Lease

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Inspection Report. Within sixty (60) days after notice from the City Landlord to RIDA Tenant requesting an Inspection Report, which notice shall not be given more than once in any five- (5-) year period (unless the City Landlord determines that RIDA Tenant may be in default of its obligations under this Section 6.6Article 15, in which event such time limitation shall not apply), RIDATenant, at RIDATenant’s sole expense, shall provide to the City Landlord a detailed inspection report listing any known defects, required repairs or deferred maintenance items in the Facility Premises and the Improvements and recommendations for work to be performed to ensure that the condition of the Facility Premises and the Improvements is in full compliance with this SubleaseLease, including the standard of condition set forth in this Section 6.6 15.1 (the “Inspection Report”). Notwithstanding the foregoing, if the City If Landlord requests an Inspection Report more than once in any Lease Rental Period, then the City Landlord shall pay RIDA Tenant for any reasonable costs incurred by RIDA Tenant in connection with such Inspection Report unless such Inspection Report demonstrates that RIDA Tenant is in default of its obligations under this Section 6.6Article 15. The Inspection Report shall be (i) prepared by an unrelated third-party inspector licensed in the State of California selected by XXXXXxxxxx, (ii) certified to the CityLandlord, to the best knowledge of the Person conducting the inspection, as complete and accurate, and (iii) in a form reasonably acceptable to the CityLandlord. Without limitation of RIDATenant’s obligations or the CityXxxxxxxx’s remedies hereunder, XXXX Tenant shall commence work to comply with the recommendations set forth in such Inspection Report within thirty (30) days of receipt of same and diligently pursue such work to completion within not later than one hundred eighty (180) days of receipt of such Inspection Report. As a condition precedent to Tenant submitting the Redevelopment Plan Package, notwithstanding that Landlord may not have requested an Inspection Report, Tenant shall deliver an Inspection Report not earlier than six (6) months prior to the submission of the Redevelopment Plan Package and perform any work recommended therein prior to submitting the Redevelopment Plan Package. Notwithstanding the requirement in this Section 6.6(c) 15.3 that RIDA Tenant provide the City Landlord with an Inspection Report within sixty (60) days after notice from the CityLandlord, so long as there is no Event of Default and the Convention Center is Premises and the Improvements are operated pursuant to a Hotel Management Agreement Agreement, and with respect to the Non-Parking Improvements under an Acceptable Brand, and such Hotel Management Agreement requires RIDA Tenant to maintain and repair the Facility Premises and Improvements in accordance with such Hotel Management Agreement and requires there to be established a reserve for repair and maintenance of the FacilityPremises and Improvements, including without limitation, the furniture, trade fixtures and equipment, and such repair and maintenance occur in accordance with the requirements of such Hotel Management Agreement, Section 6.6(a) Agreement and Section 6.6(b)Sections 15.1 and 15.2, then the foregoing Inspection Reports shall not be required; provided, however, that the delivery of an Inspection Report and performance of the work recommended therein shall continue to be a condition precedent to Tenant’s submission of the Redevelopment Plan Package.

Appears in 1 contract

Samples: Lease Agreement

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