Common use of Verification of Restoration and Rebuilding Clause in Contracts

Verification of Restoration and Rebuilding. Lessee will promptly notify Lender and Lessor of the completion of the restoration or rebuilding of the Improvements, as applicable, after a Casualty or Condemnation. After completion of such restoration and rebuilding and in order to verify Lessee's compliance with the foregoing Sections 11.3 and 11.4, Lessor, the Lender and their authorized representatives may, upon three (3) Business Days' notice to Lessee, inspect the Leased Property and the completion of the restoration and rebuilding of the Improvements, as applicable. All reasonable and documented out-of-pocket costs of such inspection incurred by Lessor and the Lender will be paid by Lessee promptly after written request. No such inspection shall unreasonably interfere with Lessee's operations or the operations of any other occupant of the Leased Property. None of the inspecting parties shall have any duty to make any such inspection or inquiry and none of the inspecting parties shall incur any liability or obligation by reason of not making any such inspection or inquiry. None of the inspecting parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such inspecting party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection.

Appears in 2 contracts

Samples: Master Lease and Development Agreement (Atria Communities Inc), Lease and Development Agreement (Eagle Usa Airfreight Inc)

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Verification of Restoration and Rebuilding. Lessee will promptly notify Lender and Lessor of the completion of the restoration or rebuilding of the Improvements, as applicable, after a Casualty or Condemnation. After completion of such restoration and rebuilding and in order to verify Lessee's compliance with the foregoing Sections SECTIONS 11.3 and 11.4, Lessor, the Lender and their authorized representatives may, upon three (3) Business Days' notice to LesseeLessee during normal business hours, inspect the Leased Property and the completion of the restoration and rebuilding of the Improvements, as applicable. All reasonable and documented out-of-pocket costs of such inspection incurred by Lessor and the Lender will be paid by Lessee promptly after written request. No such inspection shall unreasonably interfere with Lessee's operations or the operations of any other occupant of the Leased Property. None of the inspecting parties shall have any duty to make any such inspection or inquiry and none of the inspecting parties shall incur any liability or obligation by reason of not making any such inspection or inquiry. None of the inspecting parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such inspecting party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection.

Appears in 1 contract

Samples: Lease and Development Agreement (STB Systems Inc)

Verification of Restoration and Rebuilding. The Lessee will promptly notify Lender and the Lessor of the completion of the restoration or rebuilding of the ImprovementsLeased Property, as applicable, after a Casualty or Condemnation. After completion of such restoration and rebuilding and in order to verify the Lessee's ’s compliance with the foregoing Sections 11.3 and 11.4, Lessor, the Lender Lessor and their authorized its representatives may, upon three (3) Business Days' reasonable prior notice to the Lessee, during normal business hours, inspect the Leased Property and the completion of the restoration and rebuilding of the ImprovementsLeased Property, as applicable. All reasonable and documented out-of-pocket costs of such inspection incurred by the Lessor and the Lender will be paid by the Lessee promptly after written request. No such inspection shall unreasonably interfere with the Lessee's ’s operations or the operations of any other occupant of the Leased Property. None of the inspecting parties shall have any duty to make any such inspection or inquiry and none of the inspecting parties shall incur any liability or obligation by reason of not making any such inspection or inquiry. None of the inspecting parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such inspecting party causes damage to the Leased Property or any property of the Lessee or any other Person during the course of such inspection.

Appears in 1 contract

Samples: Lease Agreement (Terremark Worldwide Inc)

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Verification of Restoration and Rebuilding. Lessee will promptly notify Lender and Lessor of the completion of the restoration or rebuilding of the Improvements, as applicable, after a Casualty or Condemnation. After completion of such restoration and rebuilding and in order to verify Lessee's compliance with the foregoing Sections 11.3 and 11.4, Lessor, the Lender and their authorized representatives may, at their own risk and upon three (3) Business Days' notice to Lessee, inspect the Leased Property and the completion of the restoration and rebuilding of the Improvements, as applicable. All reasonable and documented out-of-pocket costs of such inspection incurred by Lessor and the Lender will be paid by Lessee promptly after written request. No such inspection shall unreasonably interfere with Lessee's operations or the operations of any other occupant of the Leased Property. None of the inspecting parties shall have any duty to make any such inspection or inquiry and none of the inspecting parties shall incur any liability or obligation by reason of not making any such inspection or inquiry. None of the inspecting parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such inspecting party causes damage to the Leased Property or any property of Lessee or any other Person during the course of such inspection, whereupon, provided that the Lessee shall not have been negligent or acted intentionally or with gross recklessness, such inspecting party shall be liable for any such damage or injury, as may be applicable, shall indemnify and hold Lessee harmless from and against all claims, losses and liability as to such damage or injury.

Appears in 1 contract

Samples: Master Lease and Development Agreement (Eagle Usa Airfreight Inc)

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