Common use of Landlord's Right to Inspect and to Audit Tenant's Records Clause in Contracts

Landlord's Right to Inspect and to Audit Tenant's Records. Landlord shall have the right in its sole and absolute discretion, but not the duty, to enter and conduct an inspection of the premises and to inspect and audit Tenant's records concerning Hazardous Materials at any reasonable time to determine whether Tenant is complying with the terms of the lease, including but not limited to the compliance of the premises and the activities thereon with Environmental Requirements and the existence of Environmental Damages as a result of the condition of the premises or surrounding properties and activities thereon. Landlord will use its best efforts not to disturb or interfere with Tenant's business operation. If Landlord has reasonable cause to believe Tenant is in default with respect to any of the provisions of this lease related to Hazardous Materials, Environmental Requirements or Environmental Damages, then Landlord shall have the right, but not the duty, to retain at the sole expense of Tenant an independent professional consultant to enter the premises to conduct such an inspection and to inspect and audit any records or reports prepared by or for Tenant concerning such compliance. In the event the routine inspection does not reveal any material default, the Landlord shall pay all costs of such inspections. Tenant hereby grants to Landlord the right to enter the premises and to perform such tests on the premises as are reasonably necessary in the opinion of Landlord to assist in such audits and investigations. Landlord shall follow notice procedure contained in paragraph 22, hereof. Landlord shall use reasonable efforts to minimize interference with the business of Tenant by such tests inspections and audits, but Landlord shall not be liable for any interference caused thereby.

Appears in 3 contracts

Samples: Lease Agreement (Displaytech Inc), Lease Agreement (Displaytech Inc), Lease Agreement (Displaytech Inc)

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Landlord's Right to Inspect and to Audit Tenant's Records. Landlord shall have the right in its sole and absolute discretion, but not the duty, to enter and conduct an inspection of the premises Premises and to inspect and audit Tenant's records concerning Hazardous Materials at any reasonable time solely to determine whether Tenant is complying with the terms of the lease, including but not limited to the compliance of the premises Premises and the activities thereon with Environmental Requirements and the existence of Environmental Damages as a result of the condition of the premises Premises or surrounding properties and activities thereon. Landlord will use its best efforts not to disturb or interfere shall comply with Tenant's business operationTenants reasonable and customary safety and confidentiality procedures. If Landlord has reasonable cause to believe Tenant is in default with respect to any of the provisions of this lease related to Hazardous Materials, Environmental Requirements or Environmental Damages, then Landlord shall have the right, but not the duty, to retain at the sole expense of Tenant an independent professional consultant to enter the premises Premises to conduct such an inspection and to inspect and audit any records or reports prepared by or for Tenant concerning such compliance. In ; provided that if such consultant determines that Tenant is in compliance with the event terms of this lease regarding Hazardous Materials, then the routine inspection does not reveal any material default, the Landlord shall pay all costs and expenses of such inspectionsinspection and audit shall be borne solely by Landlord. Tenant hereby grants to Landlord the right to enter the premises Premises and to perform such tests on the premises Premises as are reasonably necessary in the opinion of Landlord to assist in such audits and investigations. Landlord shall follow notice procedure contained in paragraph 22, hereof. Landlord shall use reasonable efforts and will cooperate with Tenant in scheduling and procedures to minimize interference with the business of Tenant by such tests inspections and audits, but Landlord shall not be liable for any interference caused therebythereby except to the extent resulting from Landlord's or Landlord's agent's gross negligence or intentional misconduct.

Appears in 2 contracts

Samples: Lease Agreement (Array Biopharma Inc), Lease Agreement (Array Biopharma Inc)

Landlord's Right to Inspect and to Audit Tenant's Records. Landlord shall have the right right, in its sole and absolute discretion, but not the dutyobligation, to enter upon and conduct an inspection or compliance audit of the premises Premises and to inspect and audit Tenant's records concerning Hazardous Materials Materials, at any reasonable time time, except in the event of an emergency, to determine whether Tenant is complying with the terms of the leaseLease, including but not limited to including, without limitation, the compliance of the premises Premises and the activities thereon with Environmental Requirements Laws and the existence of of, or potential existence of, Environmental Damages as a result of the condition of the premises or surrounding properties and activities thereon. Landlord will use its best efforts not to disturb or interfere with Tenant's business operationDamages. If Landlord has reasonable cause to believe believes Tenant is in default with respect to any of the provisions terms and conditions of this lease Lease related to Hazardous Materials, Environmental Requirements Laws or Environmental Damages, then Landlord shall have the right, but not the dutyobligation, to retain at the sole cost and expense of Tenant an which shall be paid by Tenant to Landlord as Additional Rent, within five (5) days of Landlord's demand, independent professional consultant consultants to enter the premises Premises to conduct such an inspection and audit and to inspect and audit any records or reports prepared by or for Tenant concerning such compliance. In the event the routine inspection does not reveal any material default, the Landlord shall pay all costs of such inspections. Tenant hereby grants to Landlord Landlord, its agents, employees, consultants, contractors and subcontractors, the right to enter the premises Premises and to perform such tests on the premises Premises as are reasonably necessary necessary, in the opinion of Landlord Landlord, to assist in such audits inspections and investigations. Landlord shall follow notice procedure contained in paragraph 22, hereofaudits. Landlord shall use reasonable efforts to minimize interference with the business of Tenant by such tests inspections tests, inspections, and audits, but Landlord shall not be liable for any interference caused thereby.

Appears in 1 contract

Samples: Lease Agreement (Affymetrix Inc)

Landlord's Right to Inspect and to Audit Tenant's Records. Landlord LANDLORD, upon notice to TENANT, during normal business hours and in a manner that does not substantially interfere with TENANT'S ability to operate on the Premises, shall have the right in its sole and absolute discretion, but not the duty, to enter and conduct an inspection of the premises Premises and to inspect and audit Tenant's TENANT'S records concerning Hazardous Materials at any reasonable time to determine whether Tenant TENANT is complying with the terms of the leasethis Lease, including but not limited to the compliance of the premises Premises and the activities thereon with Environmental Requirements and the existence of Environmental Damages as a result of the condition of the premises Premises or surrounding properties and activities thereon. Landlord will use its best efforts not to disturb or interfere with Tenant's business operation. If Landlord LANDLORD has reasonable cause to believe Tenant TENANT is in default Default with respect to any of the provisions of this lease Lease related to Hazardous Materials, Environmental Requirements or Environmental Damages, then Landlord LANDLORD shall have the right, but not the duty, to retain at the sole expense of Tenant TENANT an independent professional consultant to enter the premises Premises to conduct such an inspection and to inspect and audit any public records or reports prepared by or for Tenant TENANT concerning such compliance. In the event the routine inspection does not reveal any material default, the Landlord shall pay all costs of such inspections. Tenant TENANT hereby grants to Landlord LANDLORD the right to enter the premises Premises and to perform such tests on the premises Premises as are reasonably necessary in the opinion of Landlord LANDLORD to assist in such audits and investigations. Landlord shall follow notice procedure contained in paragraph 22, hereof. Landlord LANDLORD shall use reasonable efforts to minimize interference with the business of Tenant TENANT by such tests inspections and audits, but Landlord LANDLORD shall not be liable for any interference caused thereby.

Appears in 1 contract

Samples: Property Lease (Quality Products Inc)

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Landlord's Right to Inspect and to Audit Tenant's Records. Landlord shall have the right in its sole and absolute discretion, but not the duty, to enter and conduct an inspection of the premises and Premises to inspect and audit Tenant's records concerning Hazardous Materials at any reasonable time upon reasonable prior notice to determine whether Tenant is complying with the terms of the leasethis Lease, including but not limited to the compliance of the premises Premises and the activities thereon with Environmental Requirements and the existence of Environmental Damages as a result of the condition of the premises Premises or surrounding properties and activities thereon. Landlord will use its best efforts not to disturb or interfere with Tenant's business operation. If Landlord has reasonable cause to believe Tenant is in default with respect to any of the provisions of this lease Lease related to Hazardous Materials, Environmental Requirements or Environmental Damages, then Landlord shall have the right, but not the duty, to retain at the sole expense of Tenant an independent professional consultant to enter the premises Premises to conduct such an inspection and to inspect and audit any records or reports prepared by or for Tenant concerning such compliance. In ; provided, however, if such inspection and audit shall disclose that Tenant is not in default with respect to any of the event provisions of this Lease related to Hazardous Materials, Environmental Requirements or Environmental Damages, then Tenant shall not be required to pay for the routine inspection does not reveal any material default, the Landlord shall pay all costs cost of such inspectionsinspection and audit. Tenant hereby grants to Landlord the right to enter the premises Premises upon reasonable prior notice and to perform such tests on the premises Premises as are reasonably necessary in the opinion of Landlord to assist in such audits and investigations. Landlord shall follow notice procedure contained in paragraph 22, hereof. Landlord shall use reasonable efforts to minimize interference with the business of Tenant by such tests inspections and audits, but Landlord shall not be liable for any interference caused thereby.

Appears in 1 contract

Samples: Lease Agreement (ChromaDex Corp.)

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