Right of Access and Inspection. With respect to any event described in Section 6.9(a) or if an Event of Default has occurred and is continuing:
(i) the Administrative Agent and its representatives shall have the right, but not the obligation or duty, upon reasonable notice to enter the applicable Oil and Gas Properties at reasonable times for the purposes of observing the applicable Oil and Gas Properties. Such access shall include, at the reasonable request of Lead Investor, access to relevant documents and employees of each Note Party and to their outside representatives, to the extent necessary to obtain necessary information related to the event at issue. If an Event of Default has occurred and is continuing, the Note Parties shall conduct such tests and investigations on the Oil and Gas Properties of the affected Note Party or relevant portion thereof, as reasonably requested by Lead Investor, including the preparation of a Phase I Report or such other sampling or analysis as determined to be necessary under the circumstances by a qualified environmental engineer or consultant. If an Event of Default has occurred and is continuing, and if a Note Party does not undertake such tests and investigations in a reasonably timely manner following the request of the Administrative Agent, the Administrative Agent may hire an independent engineer, at the Note Parties’ expense, to conduct such tests and investigations. The Administrative Agent will make all reasonable efforts to conduct any such tests and investigations so as to avoid interfering with the operation of the Oil and Gas Properties.
(ii) any observations, tests or investigations of the Oil and Gas Properties by or on behalf of the Administrative Agent shall be solely for the purpose of protecting the Holders’ interests and rights under the Note Documents. The exercise or non-exercise of the Administrative Agent’s rights under this subsection (c) shall not constitute a waiver of any Default or Event of Default of any Note Party or impose any liability on the Administrative Agent or any of the Holders. In no event will any observation, test or investigation by or on behalf of the Administrative Agent be a representation that Hazardous Materials are or are not present in, on or under any of the Oil and Gas Properties, or that there has been or will be compliance with any Environmental Law and the Administrative Agent shall not be deemed to have made any representation or warranty to any party regarding the truth, accuracy or completen...
Right of Access and Inspection. (i) After the receipt by the Administrative Agent or any Lender of any notice of the type described in Section 9.01(i), or if an Event of Default has occurred and is continuing, then, at the reasonable request of the Administrative Agent, the Company will prepare an environmental report reasonably satisfactory to the Administrative Agent with respect to any matter disclosed pursuant to Section 9.01(i) and/or, if an Event of Default has occurred and is continuing with respect to the environmental condition of any owned, leased or operated Real Property or facility of any Credit Party or any Subsidiary thereof (the “Environmental Report”); provided, however, that any such Environmental Report shall not include the taking of samples of air, soil, surface water, groundwater, effluent, and building materials, in, on or under such Real Property or facility unless the Administrative Agent reasonably concludes that such sampling is commercially reasonable and necessary. Any such sampling shall be conducted by a qualified environmental consulting firm reasonably acceptable to the Administrative Agent. If an Event of Default has occurred and is continuing, or if the Company does not prepare an Environmental Report or conduct the requested site visits, inspections, sampling, tests and investigations in a reasonably timely manner, the Administrative Agent may, upon prior notice to the Company, retain an environmental consultant, at the Credit Parties’ expense, to prepare an Environmental Report and conduct such sampling as it reasonably concludes is commercially reasonable and necessary. The Credit Parties and their respective Subsidiaries will provide the Administrative Agent and its consultants with access to such Real Property or facility during normal business hours in order to complete any necessary site visits, inspections, tests, investigations or sampling in accordance with this Section 9.06(c). The Administrative Agent will make commercially reasonable efforts to conduct any such site visits, inspections, sampling, tests and investigations so as to avoid interfering with the operation of such Real Property or facility.
(ii) The exercise of the Administrative Agent’s rights under Section 9.06(c)(i) shall not constitute a waiver of any default by the Credit Parties or their respective Subsidiaries and shall not impose any liability on the Administrative Agent or any of the Lenders or any of their respective Affiliates. In no event will any site visit, observati...
Right of Access and Inspection. Any of the Company's authorized representatives shall have the right and opportunity but not the obligation when the Company so desires to interview persons employed by the INSURED end to inspect at any reasonable time, during the POLICY PERIOD or thereafter, an INSURED PROPERTY for which the INSURED holds title, and applicable records for COMMERCIAL REAL ESTATE LOANS. Neither the Company nor its representatives shall assume any responsibility or duty to the INSURED or to any other party, person or entity, by reason of such right of inspection. Neither the Company's right to make inspections, sample and monitor nor the actual undertaking thereof nor any report thereon shall constitute an undertaking on behalf of the INSURED or others, to determine or warrant that property or operations are safe, healthful or conform to acceptable engineering practices or are in compliance with any law, rule or regulation. The INSURED agrees to provide appropriate personnel to assist the Company's representatives during any inspection.
Right of Access and Inspection. 1. Owner shall provide THDA and any representatives it may engage the right of entry and free access to the Development before, during and after the construction period, at any reasonable time, to inspect all work done, labor performed and materials furnished in and about the Development. Although THDA may, from time to time, inspect the progress of the work and determine the quality of its workmanship and materials going into the Development, Owner, upon its own responsibility, has selected architects, contractors, subcontractors, materials, and labor, or will make its own arrangements for the same and that THDA has no responsibility therefore or liability in connection therewith.
2. Owner shall provide THDA and its representatives, U.S. Treasury, the cognizant Treasury inspector general, the Comptroller General of the United States, HUD, the HUD Inspector General, the State, the Tennessee Comptroller of the Treasury or any of their respective authorized representatives, full access to Owner’s facilities, the Development and to any pertinent books, documents, papers, contracts, plans, specifications, drawings and/or other records (written, electronic and otherwise) relating to Owner, the Development, and the Assistance Funds for monitoring, inspection, evaluation, and/or to make audits, examinations, excerpts, transcripts, and/or copies.
3. Owner shall make all audit, accounting or financial analysis work papers, notes and other documents available for review by THDA and its representatives, U.S. Treasury, the cognizant Treasury inspector general, the Comptroller General of the United States, HUD, the HUD Inspector General, the State, the Tennessee Comptroller of the Treasury or any of their respective authorized representatives, upon request, during normal working hours either while this Agreement is in progress or subsequent to the completion of this Agreement.
Right of Access and Inspection. Commission shall have the right at any time during normal business hours and from time to time to enter upon the Site for purposes of inspection. If Commission in its reasonable discretion determines that the project is not being operated in conformity with this Agreement, or any applicable Governmental Restrictions, Commission may at its election, after notice to and consultation with the Borrower and affording the Borrower thirty (30) days after such notice to cure the matter (provided, however, that if such matter cannot be cured within a 30-day period, it shall be deemed cured if Borrower commences the cure within said 30-day period and diligently prosecutes such cure to completion thereafter) and the Borrower fails to cure the matter, itself cure the matter. Inspection by Commission of the Project or the Site is not to be construed as an acknowledgment, acceptance or representation by Commission that there has been compliance with any terms or provisions of this Agreement.
Right of Access and Inspection. (i) With respect to any matter disclosed pursuant to subsection (a) above, or if an Event of Default has occurred and is continuing, Agent and its representatives shall have the right, but not the obligation, at any reasonable time and after reasonable written notice and without unreasonable disruption of business, to enter into and observe the condition and operations of the Facilities. At the reasonable written request of Agent, Euramax shall conduct such tests and investigations, including the preparation of a Phase I environmental site assessment on any part of the Facilities or the taking of samples of air, soil, surface water, groundwater, effluent, and building materials, as reasonably directed by Agent. If an Event of Default has occurred and is continuing, or if Euramax does not undertake such tests and investigations in a reasonably timely manner, Agent shall have the right, but not the obligation, to hire an independent engineer, at Euramax’s expense, to conduct such tests and investigations. Agent will make commercially reasonable efforts to conduct any such tests and investigations so as to avoid interfering with the operation of the Facility.
(ii) The exercise of Agent’s rights under this subsection (c) shall not constitute a waiver of any default by Euramax or any Subsidiary and shall not impose any liability on Agent or any of the Lenders except to the extent such liability arises from the gross negligence or willful misconduct of Agent, as determined in a final, non-appealable judgment by
Right of Access and Inspection. MEC may send an employee, agent or contractor to the premises of the Member at any time to inspect the interconnection and to observe the Facility’s commissioning (including any testing), startup, or operation.
Right of Access and Inspection. (i) With respect to any matter disclosed pursuant to Sections 4.14 or 5.09 of this Agreement or that Administrative Agent reasonably believes that there has been a material violation of or material liability with respect to any matter relating to Hazardous Materials Activities, Environmental Claims or Environmental Laws, Administrative Agent and its representatives shall have the right, but not the obligation, at any reasonable time and after reasonable notice, to enter into and observe the condition and operations of the Facilities.
(ii) The exercise of Administrative Agent’s rights under this subsection (c) shall not constitute a waiver of any default by SuperHoldCo or any Consolidated Subsidiary and shall not impose any liability on Administrative Agent or any of the Lenders. In no event will any site visit or observation by Administrative Agent be deemed a representation that Hazardous Materials are or are not present in, on or under any of the Facilities, or that there has been or will be compliance with any Environmental Law and Administrative Agent shall not be deemed to have made any representation or warranty to any Person regarding the truth, accuracy or completeness of any report or findings with regard thereto. Without express written authorization, neither SuperHoldCo nor any other Person shall be entitled to rely on any site visit, observation or investigation by Administrative Agent. Administrative Agent and the Lenders owe no duty of care to protect SuperHoldCo or any other Person against, or to inform SuperHoldCo or any other party of, any Hazardous Materials or any other adverse condition affecting any of the Facilities. Administrative Agent may in its discretion disclose to SuperHoldCo, or to any other Person if so required by law, any report or findings made as a result of, or in connection with, any site visit, observation or investigation by Administrative Agent. If Administrative Agent is required to disclose any such report or finding to any third party pursuant to law, then Administrative Agent shall provide SuperHoldCo timely written notice of such disclosure and afford SuperHoldCo the opportunity to object or defend against such disclosure at its own and sole cost; provided, that the failure of Administrative Agent to give any such notice or afford SuperHoldCo the opportunity to object or defend against such disclosure shall not result in any liability to Administrative Agent. SuperHoldCo acknowledges that it or its Consolidated ...
Right of Access and Inspection. From the date hereof ------------------------------ to the Closing Date, Purchaser may, after giving reasonable notice to an Acquired Company, through its employees, agents and representatives, during normal working hours as it deems necessary or advisable, make or cause to be made such investigation of such Acquired Company's assets and liabilities and its Business as Purchaser shall deem advisable. During such period Seller and such Acquired Company shall furnish promptly to Purchaser all information concerning such Acquired Company's assets and liabilities and its Business as Purchaser may reasonably request. Seller and such Acquired Company will fully cooperate with Purchaser's investigative efforts including making offices and reasonable secretarial support available to Purchaser's employees, agents and representatives.
Right of Access and Inspection. Subcontractor hereby grants and shall by contract provision with its subcontractors and materialmen require them to grant to Contractor, the Owner, the Owner’s Architect, Engineer or other appointed representative the right to inspect the premises of Subcontractor, its subcontractors and materialmen for the purposes of assuring quality control, assuring ISO compliance, and/or assuring the actual presence of stored materials. Any refusal to permit such inspection shall be deemed a breach of contract.
