Common use of Inspections; Appraisals Clause in Contracts

Inspections; Appraisals. (a) Borrower and Servicer shall permit Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to (i) visit and inspect Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Servicer’s Properties, (ii) inspect, audit and make extracts from Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Servicer’s books and records, and (iii) discuss with its officers, employees, agents, advisors and independent accountants of Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Servicer’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to Borrower or Servicer to make any inspection, nor to share any results of any inspection, appraisal or report with Borrower or Servicer. Borrower and Servicer acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrower and Servicer shall not be entitled to rely upon them.

Inspections; Appraisals. (a) Borrower and Servicer shall permit Permit Agent from time to time, subject (except when a Default or an Event of Default exists) to reasonable notice and normal business hours, to (i) visit and inspect Borrower’s orthe Properties of any Borrower or Subsidiary, to the extent relating to the Transaction Documents and the Collateral, Servicer’s Properties, (ii) inspect, audit and make extracts from any Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s books and recordsrecords (other than information which is subject to attorney-client privilege or would result in a breach of a confidentiality obligation of the Obligors to any other Person), and (iii) discuss with its officers, employees, agents, advisors and independent accountants of such Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense; provided, however, the Obligors shall, absent a continuing Event of Default, be given the opportunity to be present at any communications with their accountants. Neither Agent nor any Lender shall have any duty to any Borrower or Servicer to make any inspection, nor to share any results of any inspection, appraisal or report with Borrower or Servicerany Borrower. Borrower and Servicer Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrower and Servicer Borrowers shall not be entitled to rely upon them. Agent may allow Borrower Agent to receive copies of any appraisals.

Inspections; Appraisals. (a) Borrower and Servicer shall permit dr. Permit Agent from time to time, subject (except when a Default or an Event of Default exists) to reasonable prior notice and normal business hours, to (i) visit and inspect Borrower’s orthe Properties of any Borrower or Subsidiary, to the extent relating to the Transaction Documents and the Collateral, Servicer’s Properties, (ii) inspect, audit and make extracts from any Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s books and recordsrecords (other than information which is subject to attorney-client privilege or would result in a breach of a confidentiality obligation of the Obligors to any other Person), and (iii) discuss with its officers, employees, agents, advisors and independent accountants of such Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense; provided, however, the Obligors shall, absent a continuing Event of Default, be given the opportunity to be present at any communications with their accountants. Neither Agent nor any Lender shall have any duty to any Borrower or Servicer to make any inspection, nor to share any results of any inspection, appraisal or report with Borrower or Servicerany Borrower. Borrower and Servicer Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrower and Servicer Borrowers shall not be entitled to rely upon them. Agent may allow Borrower Agent to receive copies of any appraisals.

Inspections; Appraisals. (a) Borrower and Servicer shall permit Permit Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to (i) visit and inspect Borrower’s orthe Properties of any Borrower or Subsidiary, to the extent relating to the Transaction Documents and the Collateral, Servicer’s Properties, (ii) inspect, audit and make extracts from any Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s books and records, and (iii) discuss with its officers, employees, agents, advisors and independent accountants of such Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense; provided, however, the Agent will not conduct more than one such inspection, audit or examination per Fiscal Year so long as (i) no Default or Event of Default has occurred and is continuing and (ii) no Loans or Letters of Credit are outstanding or have been outstanding during the prior twelve (12) month period. Neither Agent nor any Lender shall have any duty to any Borrower or Servicer to make any inspection, nor to share any results of any inspection, appraisal or report with Borrower or Servicerany Borrower. Borrower and Servicer Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrower and Servicer Borrowers shall not be entitled to rely upon them.

Inspections; Appraisals. (ady) Borrower and Servicer shall permit Permit Agent from time to time, subject (except when a Default or an Event of Default exists) to reasonable prior notice and normal business hours, to (i) visit and inspect Borrower’s orthe Properties of any Borrower or Subsidiary, to the extent relating to the Transaction Documents and the Collateral, Servicer’s Properties, (ii) inspect, audit and make extracts from any Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s books and recordsrecords (other than information which is subject to attorney-client privilege or would result in a breach of a confidentiality obligation of the Obligors to any other Person), and (iii) discuss with its officers, employees, agents, advisors and independent accountants of such Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense; provided, however, the Obligors shall, absent a continuing Event of Default, be given the opportunity to be present at any communications with their accountants. Neither Agent nor any Lender shall have any duty to any Borrower or Servicer to make any inspection, nor to share any results of any inspection, appraisal or report with Borrower or Servicerany Borrower. Borrower and Servicer Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrower and Servicer Borrowers shall not be entitled to rely upon them. Agent may allow Borrower Agent to receive copies of any appraisals.

Inspections; Appraisals. (a) Borrower and Servicer shall permit Permit Agent from time to time, subject (except when a Default or an Event of Default exists) to reasonable prior notice and normal business hours, to (i) visit and inspect Borrower’s orthe Properties of any Borrower or Subsidiary, to the extent relating to the Transaction Documents and the Collateral, Servicer’s Properties, (ii) inspect, audit and make extracts from any Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s books and recordsrecords (other than information which is subject to attorney-client privilege or would result in a breach of a confidentiality obligation of the Obligors to any other Person), and (iii) discuss with its officers, employees, agents, advisors and independent accountants of such Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense; provided, however, the Obligors shall, absent a continuing Event of Default, be given the opportunity to be present at any communications with their accountants. Neither Agent nor any Lender shall have any duty to any Borrower or Servicer to make any inspection, nor to share any results of any inspection, appraisal or report with Borrower or Servicerany Borrower. Borrower and Servicer Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrower and Servicer Borrowers shall not be entitled to rely upon them. Agent may allow Borrower Agent to receive copies of any appraisals.

Inspections; Appraisals. (a) Borrower and Servicer shall permit Permit Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to (i) visit and inspect Borrower’s orthe Properties of any Obligor or Subsidiary, to the extent relating to the Transaction Documents and the Collateral, Servicer’s Properties, (ii) inspect, audit and make extracts from Borrowerany Obligor’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s books and records, and (iii) discuss with its officers, employees, agents, advisors and independent accountants of Borrowersuch Obligor’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent nor any Lender shall have any duty to Borrower or Servicer any Obligor to make any inspection, nor to share any results of any inspection, appraisal or report with Borrower or Servicerany Obligor. Borrower and Servicer Obligors acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrower and Servicer Obligors shall not be entitled to rely upon them.. Notwithstanding anything to the contrary herein, no Obligor or Subsidiary shall be required to disclose, permit the inspection, examination or making of copies of, or discuss any document, information, or other matter (A) that constitutes non-financial trade secrets or non-financial proprietary information of any Obligor or Subsidiary and/or any of its customers and/or suppliers, (B) in respect of which disclosure to Agent or any Lender (or any of their respective

Inspections; Appraisals. (a) Borrower and Servicer shall permit Permit Agent from time to time, subject (except when a Default or unless an Event of Default exists) to reasonable notice and normal business hours, to (i) visit and inspect Borrower’s orthe Properties of any Borrower or Subsidiary, to the extent relating to the Transaction Documents and the Collateral, Servicer’s Properties, (ii) inspect, audit and make extracts from any Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s books and records, and (iii) discuss with its officers, employees, agents, advisors and independent accountants (provided that representatives of the Borrowers shall be permitted to be present at any discussion with the independent accountants) such Borrower’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Neither Agent Each Borrower and its Subsidiaries may place reasonable limits on access to information, the disclosure of which is subject to attorney-client or attorney work product privileges and neither any Borrower nor any Lender Subsidiary shall be required to disclose any trade secrets. Secured Parties shall have any no duty to Borrower or Servicer any Obligor to make any inspection, nor to share any results of any inspection, appraisal or report with Borrower or Servicerany Obligor. Borrower and Servicer Borrowers acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrower and Servicer Borrowers shall not be entitled to rely upon them.

Inspections; Appraisals. (a) Borrower and Servicer shall permit Permit Agent from time to time, subject (except when a Default or Event of Default exists) to reasonable notice and normal business hours, to (i) visit and inspect Borrower’s orthe Properties of any Obligor or Subsidiary, to the extent relating to the Transaction Documents and the Collateral, Servicer’s Properties, (ii) inspect, audit and make extracts from Borrowerany Obligor’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s books and records, and (iii) discuss with its officers, employees, agents, advisors and independent accountants of Borrowersuch Obligor’s or, to the extent relating to the Transaction Documents and the Collateral, Serviceror Subsidiary’s business, financial condition, assets, prospects and results of operations. Lenders may participate in any such visit or inspection, at their own expense. Agent may use all of each Obligor’s and Subsidiary’s electronic and non-electronic books, files, accounts, and all other records, computer equipment and software at any time, without (a) any compensation to any Obligor, (b) being deemed to have foreclosed on the same, or (c) being deemed to have exercised any other remedy under any Loan Document, for the purposes of monitoring Borrowers’ servicing of the Collateral and to facilitate realization upon the Collateral. Neither Agent nor any Lender shall have any duty to Borrower or Servicer any Person to make any inspection, nor to share any results of any inspection, appraisal or report with Borrower or Servicerany Person. Borrower and Servicer Obligors acknowledge that all inspections, appraisals and reports are prepared by Agent and Lenders for their purposes, and Borrower and Servicer Obligors shall not be entitled to rely upon them.