Common use of Site Inspections Clause in Contracts

Site Inspections. Commencing on the Effective Date and continuing through the date [NOTE TO DRAFT: CONSIDER SET DATE VERSUS 60 DAYS FROM SIGNATURE] which is sixty (60) days after the Effective Date ("Due Diligence Period"), unless this Agreement is earlier terminated or is thereafter extended pursuant to this Agreement, Developer and its agents, contractors, consultants, licensees and representatives (collectively, "Developer's Representatives") shall have reasonable access to the Property for the purpose of conducting studies, investigations, inspections and tests of the Property as Developer deems reasonably necessary or desirable, in its sole and absolute discretion, including but not limited to surveys and architectural, engineering, geo-technical and environmental inspections and other physical tests (the "Site Inspections"), provided that: (i) Developer shall endeavor to give the Commission reasonable written notice (which may be given via e-mail) of any such inspection or test and, with respect to any intrusive inspection or test (e.g., boring, drilling or core sampling), Developer must obtain the Commission's prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed, and which consent may be given by email), (ii) prior to assessing the Property and performing any inspection or physical test at or on the Property, Developer must deliver a certificate of insurance to the Commission evidencing that Developer or Developer's Representatives which will be accessing the Property, as applicable, has in place commercial general liability insurance, (ISO Form CG 01 01 or similar) in the amount of $2,000,000 in the aggregate and not less than $1,000,000 for any injury or death of one or more persons in an occurrence, and not less than $1,000,000 for damage to tangible property (including loss of use) in an occurrence, and workers compensation insurance for its activities on the Property in terms and amounts reasonably satisfactory to the Commission and covering any accident arising in connection with the presence of Developer or Developer's Representatives on the Property, such policy shall be endorsed to include the Commission as an additional insured (ISO Form CG 20 11 or equivalent); (iii) Developer shall provide the Commission with an XXXXX 25 form to evidence that such insurance is in force and reflecting that the Commission is an additional insured on such policy; (iv) Developer's insurance shall be primary and non-contributory to any insurance of the Commission and shall be endorsed to provide such primary and non-contributory liability (ISO Form CG 20 01 or equivalent), and (v) all Site Inspections (as defined herein) of the Property shall be conducted by Developer or Developer's Representatives (as applicable) in compliance with Developer's responsibilities set forth in Section 1.3(a) below. Developer shall bear the cost of all Site Inspections, except as otherwise set forth in this Agreement. Developer shall share all results of testing and surveys with the Commission.

Site Inspections. Commencing on the Effective Date and continuing through the date [NOTE TO DRAFT: CONSIDER SET DATE VERSUS 60 DAYS FROM SIGNATURE] which is sixty ninety (6090) days after the Effective Date ("Due Diligence “Site Inspection Period"), unless this Agreement is earlier terminated or is thereafter extended pursuant to this Agreement, Developer and its agents, contractors, consultants, licensees and representatives (collectively, "Developer's Representatives") shall have reasonable access to the Property for the purpose of conducting studies, investigations, inspections and tests of the Property as Developer deems reasonably necessary or desirable, in its sole and absolute discretion, including but not limited to surveys and architectural, engineering, geo-technical and environmental inspections and other physical tests (the "Site Inspections"), provided that: (i) Developer shall endeavor to give the Commission reasonable written notice (which may be given via e-mail) of any such inspection or test and, with respect to any intrusive inspection or test (e.g., boring, drilling or core sampling), Developer must obtain the Commission's prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed, and which consent may be given by email), (ii) prior to assessing the Property and performing any inspection or physical test at or on the Property, Developer must deliver a certificate of insurance to the Commission evidencing that Developer or Developer's Representatives which will be accessing the Property, as applicable, has in place commercial general liability insurance, (ISO Form CG 01 01 or similar) in the amount of $2,000,000 in the aggregate and not less than $1,000,000 for any injury or death of one or more persons in an occurrence, and not less than $1,000,000 for damage to tangible property (including loss of use) in an occurrence, and workers compensation insurance for its activities on the Property in terms and amounts reasonably satisfactory to the Commission and covering any accident arising in connection with the presence of Developer or Developer's Representatives on the Property, such policy shall be endorsed to include the Commission as an additional insured (ISO Form CG 20 11 or equivalent); (iii) Developer shall provide the Commission with an XXXXX 25 form to evidence that such insurance is in force and reflecting that the Commission is an additional insured on such policy; (iv) Developer's insurance shall be primary and non-contributory to any insurance of the Commission and shall be endorsed to provide such primary and non-contributory liability (ISO Form CG 20 01 or equivalent), and (v) all Site Inspections (as defined herein) of the Property shall be conducted by Developer or Developer's Representatives (as applicable) in compliance with Developer's responsibilities set forth in Section 1.3(a) below. Developer shall bear the cost of all Site Inspections, except as otherwise set forth in this Agreement. Developer shall share all results of testing and surveys with the CommissionCommission during the Due Diligence timeframe.

Site Inspections. Commencing on the Effective Date and continuing through the date [NOTE TO DRAFT: CONSIDER SET DATE VERSUS 60 DAYS FROM SIGNATURE] which is sixty ninety (6090) days after the Effective Date ("Due Diligence Site Inspection Period"), unless this Agreement is earlier terminated or is thereafter extended pursuant to this Agreement, Developer and its agents, contractors, consultants, licensees and representatives (collectively, "Developer's Representatives") shall have reasonable access to the Property for the purpose of conducting studies, investigations, inspections and tests of the Property as Developer deems reasonably necessary or desirable, in its sole and absolute discretion, including including, but not limited to to, surveys and architectural, engineering, geo-technical and environmental inspections and other physical tests (the "Site Inspections"), provided that: (i) Developer shall endeavor to give the Commission reasonable written notice (which may be given via e-mailmail by the Commission’s notice party designated in Section 12.7) of any such inspection or test and, with respect to any intrusive inspection or test (e.g., boring, drilling or core sampling), Developer must obtain the Commission's notice party’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed, and which consent may be given by emailemail by the Commission’s notice party designated in Section 12.7), (ii) prior to assessing the Property and performing any inspection or physical test at or on the Property, Developer must deliver a certificate of insurance to the Commission evidencing that Developer or Developer's Representatives which will be accessing the Property, as applicable, has in place commercial general liability insurance, (ISO Form CG 01 00 01 or similar) in the amount of $2,000,000 in the aggregate and not less than $1,000,000 for any injury or death of one or more persons in an occurrence, and not less than $1,000,000 for damage to tangible property (including loss of use) in an occurrence, and workers compensation insurance for its activities on the Property in terms and no less than the statutory amounts reasonably satisfactory to the Commission and covering any accident arising in connection with the presence of Developer or Developer's Representatives on the Property, such policy shall be endorsed to include the Commission as an additional insured (ISO Form CG 20 11 or equivalent); (iii) Developer shall provide the Commission with an XXXXX 25 form to evidence that such insurance is in force and reflecting that the Commission is an additional insured on such policy; (iv) Developer's insurance shall be primary and non-contributory to any insurance of the Commission and shall be endorsed to provide such primary and non-contributory liability (ISO Form CG 20 01 or equivalent), and (v) all Site Inspections (as defined herein) of the Property shall be conducted by Developer or Developer's Representatives (as applicable) in compliance with Developer's responsibilities set forth in Section 1.3(a) below. Developer shall bear the cost of all Site Inspections, except as otherwise set forth in this Agreement. Developer shall share all results of testing and surveys with the Commission.;

Site Inspections. Commencing on the Effective Date and continuing through the date [NOTE TO DRAFT: CONSIDER SET DATE VERSUS 60 DAYS FROM SIGNATURE] which is sixty (60) days after the Effective Date December 31, 2024 ("Due Diligence Site Inspection Period"), ) unless this Agreement is earlier terminated or is thereafter extended pursuant to this Agreement, Developer and its owners, agents, contractors, consultants, licensees and representatives (collectively, "Developer's Representatives") shall have reasonable access to the Property for the purpose of conducting studies, investigations, inspections and tests of the Property as Developer deems reasonably necessary or desirable, in its sole and absolute discretion, including but not limited to surveys and architectural, engineering, geo-technical and environmental inspections and other physical tests (the "Site Inspections"), provided that: (i) Developer shall endeavor to give the Commission reasonable written notice (which may be given via e-mail) of any such inspection or test and, with respect to any intrusive inspection or test (e.g., boring, drilling or core sampling), Developer must obtain the Commission's prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed, and which consent may be given by email), (ii) prior to assessing accessing the Property and performing any inspection or physical test at or on the Property, Developer must deliver a certificate of insurance to the Commission evidencing that Developer or the Developer's Representatives which that will be accessing the Property, as applicable, has in place commercial general liability insurance, (ISO Form CG 01 00 01 or similar) in the amount of $2,000,000 in the aggregate and not less than $1,000,000 for any injury or death of one or more persons in an occurrence, and not less than $1,000,000 for damage to tangible property (including loss of use) in an occurrence, and workers compensation insurance for its activities on the Property in terms and no less than the statutory amounts reasonably satisfactory to the Commission and covering any accident arising in connection with the presence of Developer or Developer's Representatives on the Property, such policy shall be endorsed to include the Commission as an additional insured (ISO Form CG 20 11 or equivalent); (iii) Developer shall provide the Commission with an XXXXX 25 form to evidence that such insurance is in force and reflecting that the Commission is an additional insured on such policy; (iv) Developer's insurance shall be primary and non-contributory to any insurance of the Commission and shall be endorsed to provide such primary and non-contributory liability (ISO Form CG 20 01 or equivalent), and (v) all Site Inspections (as defined herein) of the Property shall be conducted by Developer or Developer's Representatives (as applicable) in compliance with Developer's responsibilities set forth in Section 1.3(a) below. Developer shall bear the cost of all Site Inspections, except as otherwise set forth in this Agreement. Upon written request Developer shall share all results of testing and surveys with the CommissionCommission during the due diligence timeframe.