Access to the Project and Records Clause Samples
The 'Access to the Project and Records' clause grants certain parties, typically the owner or their representatives, the right to enter the project site and review relevant documents and records. This access may include inspecting the physical progress of the work, reviewing financial records, or verifying compliance with contract terms. By establishing clear rights to access, the clause ensures transparency, facilitates oversight, and helps prevent disputes related to project performance or financial management.
Access to the Project and Records. The Issuer, the Holder, any Lender and their respective duly authorized representatives and agents, shall have the right, upon reasonable notice to the Company and subject to any reasonable restriction imposed by the Company for safety purposes or for the protection of its patents, trademarks, trade secrets, and other confidential or proprietary information, to enter the Project at all reasonable times during the Lease Term, if accompanied by a Company representative, for the purpose of (i) examining and inspecting the Project and (ii) performing such work relating to the Project as has been made necessary by reason of an Event of Default.
Access to the Project and Records. To the extent permitted by law, the District agrees that the Authority, any Authority Representative, and the Authority’s successors or assigns shall have the right at all reasonable times to enter upon and to examine and inspect the Project. The District further agrees that the Authority, any Authority Representative, and the Authority’s successors or assigns shall have such rights of access to the Project as may be reasonably necessary to cause the proper maintenance of the Project in the event of failure by the District to perform its obligations hereunder. In addition, the District agrees that the Authority, any Authority Representative, and the Authority’s successors or assigns shall have the right at all reasonable times to inspect and examine all books, papers and records of the Authority and the District pertaining to the Project and the Certificates, to make copies thereof and to take non-privileged memoranda therefrom or with respect thereto as may be desired.
Access to the Project and Records. (a) The Borrower shall, with reasonable prior notice to the Borrower, permit (i) officers and designated representatives of each of the Lenders’ Technical Consultant, the Administrative Agent and any Lender to visit and inspect the Project and do anything necessary or desirable to remedy any Event of Default, in the presence of representatives of the Borrower, if requested by the Borrower, and (ii) officers and designated representatives of the Administrative Agent and any Lender to examine and make copies of the books of record and accounts of the Borrower and discuss the affairs, finances and accounts of the Borrower with the chief financial officer, the chief operating officer and the chief executive officer (subject to reasonable requirements of safety and confidentiality, including requirements imposed by Applicable Law or by contract) of the Borrower, in each case, with reasonable advance notice to the Borrower and during normal business hours of the Borrower; provided that, unless an Event of Default has occurred and is continuing, the aggregate number of visits and inspections by the Administrative Agent and Lenders may not exceed one (1) in any calendar quarter and each of the Administrative Agent and each Lender may only visit and inspect the Project twice per calendar year; provided, however, that [***] as required in order for the Lenders’ Technical Consultant to comply with the requirements to provide the services to the Agents and Lenders (as contemplated by the Financing Documents); provided, further, that, in each case, no such visit or inspection shall (I) materially interfere with or materially interrupt the construction, operation or maintenance of the Project or (II) without limiting the foregoing, cause the Borrower to breach, or otherwise be in default under, any Lease.
(b) Notwithstanding any provision of any Financing Document to the contrary, the reasonable costs and expenses of the Lenders’ Technical Consultant and the Administrative Agent shall, in each case, be paid by the Borrower.
Access to the Project and Records. The Issuer and the Holder, and their respective duly authorized representatives and agents, shall have the right, upon forty-eight (48) hours prior written notice to the Company and the Operator (except in the case of a bona fide emergency threatening the safety of life or property), and subject to any reasonable restriction imposed by the Company or the Operator for the protection of its patents, trademarks, trade secrets, and other confidential proprietary information, to enter the Project during normal business hours during the Lease Term for the purpose of (i) examining and inspecting the Project and (ii) performing such work relating to the Project as has been made necessary by reason of an Event of Default.
