Department Access and Inspection Clause Samples

Department Access and Inspection. ‌ The Department, the FHWA, and their respective authorized agents will have unrestricted access at all times and for any reason to enter upon, inspect, sample, measure and physically test any part of the Project Assets or the Project Right of Way, as well as any materials, supplies, machinery and equipment to be incorporated into or used in construction, operation or maintenance of the Project. The Department will also have the right for any reason, upon reasonable advance written notice (except as provided in Section 18.07(b) to the Developer, to inspect financial or other records relating to the Project. Upon the Developer’s request, the Department will provide the Developer with the results of any such test or inspections subject to any protections from disclosure under applicable Law.
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Department Access and Inspection. The Department and its duly authorized agents and the Independent Engineer shall have unrestricted access at all times to enter upon, inspect, sample, measure and physically test any part of the Project or the Rights of Way. In the course of performing its inspections, sampling, measurements and tests hereunder, the Department shall use reasonable efforts to minimize the effect and duration of any disruption to or impairment of the Work or the HOT Lanes Operations, as the case may be, or the Concessionaire’s rights or responsibilities under this Agreement. The Department shall also have the right, upon reasonable advance written notice to the Concessionaire and subject to Section 18.07, to inspect financial or other records relating to the Project. If at any time the Concessionaire has failed to perform any of its construction, operating or maintenance obligations in any material respect then, in addition to other remedies available under this Agreement and the other Project Agreements, the Department is entitled to increase the level of its monitoring (a) during the Work Period, of the Route 495 HOT Lanes in Virginia Project, or (b) during the Operating Period, of the HOT Lanes Project, as the case may be, and the Concessionaire’s compliance with its construction, operation and maintenance obligations under this Agreement until such time as the Concessionaire has demonstrated to the Department’s reasonable satisfaction that it will perform and is capable of performing its construction, operation and maintenance obligations under this Agreement. The Concessionaire shall compensate the Department for all Allocable Costs incurred by the Department as a result of such increased level of monitoring.
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Department Access and Inspection. The Operating Company acknowledges and agrees that the Department and its duly authorized agents and the Independent Engineer shall have unrestricted access at all times to enter upon, inspect, sample, measure and physically test any part of the Project or the Rights of Way. The Operating Company further acknowledges and agrees that the Department shall also have the right, upon reasonable advance written notice to the Operating Company, to inspect financial or other records relating to the Project. If at any time the Operating Company has failed to perform any of its operating or maintenance obligations in any material respect then, in addition to other remedies available under this Agreement and the other Project Agreements, the Operating Company acknowledges and agrees that the Department is entitled to increase the level of its monitoring during the Operating Period, of the HOT Lanes Project, and the Operating Company’s compliance with its operation and maintenance obligations under this Agreement until such time as the Operating Company has demonstrated to the Department’s reasonable satisfaction that it will perform and is capable of performing its operation and maintenance obligations under this Agreement.
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Department Access and Inspection. The Department and the FHWA, and their respective authorized agents, will have unrestricted access at all times to enter upon, inspect, sample, measure and physically test any part of the Project or the Project Right of Way, as well as any materials, supplies, machinery and equipment to be incorporated into or used in construction, operation or maintenance of the Project. The Department will also have the right, upon reasonable advance written notice (except as provided in Section 18.07(a)) to the Concessionaire, to inspect financial or other records relating to the Project. The Department will provide the Concessionaire with a notice describing results of any such test or inspection, subject to any protections from disclosure under Applicable Law. If at any time the Concessionaire has failed to perform any of its construction, operating or maintenance obligations in any material respect then, in addition to other remedies available pursuant to this Agreement and the other Project Agreements, the Department is entitled to increase the level of its monitoring of the Project and the Concessionaire’s compliance with its construction, operation and maintenance obligations pursuant to this Agreement, until such time as the Concessionaire has demonstrated to the Department’s reasonable satisfaction that it will perform and is capable of performing its construction, operation and maintenance obligations pursuant to this Agreement. The Concessionaire will compensate the Department for all Allocable Costs incurred by the Department as a result of such increased level of monitoring; provided, that if the increased monitoring is due to a delay in achieving Substantial Completion or Final Acceptance, the Concessionaire will compensate the Department for such increased monitoring solely pursuant to Section 8.10.
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Department Access and Inspection. The Department and its duly authorized agents and the Independent Engineer shall have unrestricted access at all times to enter upon, inspect, sample, measure and physically test any part of the Project or the Project Right of Way, as well as any materials, supplies, machinery and equipment to be incorporated into or used in construction, operation or maintenance of the Project. The Department shall also have the right, upon reasonable advance written notice to the Concessionaire, to inspect financial or other records relating to the Project. If at any time the Concessionaire has failed to perform any of its construction, operating or maintenance obligations in any material respect then, in addition to other remedies available under this Agreement (including Section 11.06(a) and Articles 20 and 21) and the other Project Agreements, the Department is entitled to increase the level of its monitoring of the Project and the Concessionaire’s compliance with its construction, operation and maintenance obligations under this Agreement, until such time as the Concessionaire has demonstrated to the Department’s reasonable satisfaction that it will perform and is capable of performing its construction, operation and maintenance obligations under this Agreement. The Concessionaire shall compensate the Department for all Allocable Costs incurred by the Department as a result of such increased level of monitoring.
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Department Access and Inspection. The Operating Company acknowledges and agrees that the Department, the FHWA and their respective authorized agents and the Independent Engineer shall have unrestricted access at all times to enter upon, inspect, sample, measure and physically test any part of the Project and the Project Right of Way, as well as any materials, supplies, machinery and equipment to be incorporated into or used in construction, operation or maintenance of the Project. The Operating Company further acknowledges and agrees that the Department shall also have the right, upon reasonable advance written notice to the Operating Company (except as provided in Section 18.07(a) of the CA), to inspect financial or other records relating to the Project. If at any time the Operating Company has failed to perform any of its operating or maintenance obligations in any material respect then, in addition to other remedies available under this Agreement and the other Project Agreements, the Operating Company acknowledges and agrees that the Department is entitled to increase the level of its monitoring during the Operating Period, of the Project, and the Operating Company’s compliance with its operation and maintenance obligations under this Agreement until such time as the Operating Company has demonstrated to the Department’s reasonable satisfaction that it will perform and is capable of performing its operation and maintenance obligations under this Agreement.
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Related to Department Access and Inspection

  • Access and Inspection 3.7.1 To allow the Landlord (or any Superior Landlord) their agent or any professional adviser, or contractor authorised by the Landlord or the Landlord’s Agent to enter the Property with or without workmen and with all necessary equipment. Other than in the case of an Emergency, the Landlord shall give the Tenant not less than 24 hours' written notice. The Tenant is only required to allow such access for the following: • the Tenant has not complied with a written notice under the Terms of this Agreement and the Landlord wishes to enter the Property in accordance with these Terms. • the Landlord seeks to carry out work for which the Landlord is responsible • the Landlord wishes to inspect the Property • to enable the Landlord or the Landlord’s Agent to comply with statute • Any gas safety or electrical safety checks • Where the Property shall have working Chimney(s) to permit the Landlord’s contractor to attend and sweep the chimney(s) at least every 12 months or more frequently as reasonably considered necessary whether or not the Tenant shall have used such chimney(s) 3.7.2 At any point in the Tenancy, allow access to the Property to the Landlord’s Agent and any estate or letting agents together with any prospective buyer, mortgagee, their surveyors or future Tenant at all reasonable times during normal working hours of the Landlord’s Agent upon giving 24 hours written notice made by any person who is or is acting on behalf of a prospective purchaser or Tenant of the Property and who is authorised by the Landlord or the Landlord’s Agent to view the Property. 3.7.3 At any point in the Tenancy, permit the Landlord’s Agents or any estate agents’ notices or boards to be affixed to the Property. 3.7.4 Where the Property or any equipment at the Property is covered by a service contract or warranty, where required by the Landlord or Agent, the Tenant will arrange appointments direct with the service contract provider and the Tenant will attend all and any visits required.

  • Maintaining Records; Access to Properties and Inspections Maintain financial records in accordance with GAAP and, upon reasonable notice, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any Significant Subsidiary during normal business hours and to discuss the affairs, finances and condition of the Borrower or any Significant Subsidiary with the officers thereof and independent accountants therefor.

  • TESTING AND INSPECTION 29 6.1 Pre-Commercial Operation Date Testing and Modifications. 29

  • Visits and Inspections The Parent and the Borrower shall, and shall cause each Subsidiary to, permit representatives or agents of any Lender or the Agent, from time to time after reasonable prior notice if no Event of Default shall be in existence, as often as may be reasonably requested, but only during normal business hours and at the expense of such Lender or the Agent (unless a Default or Event of Default shall exist, in which case the exercise by the Agent or such Lender of its rights under this Section shall be at the expense of the Borrower), as the case may be, to: (a) visit and inspect all properties of the Parent, the Borrower or such Subsidiary to the extent any such right to visit or inspect is within the control of such Person; (b) inspect and make extracts from their respective books and records, including but not limited to management letters prepared by independent accountants; and (c) discuss with its officers and employees, and its independent accountants, its business, properties, condition (financial or otherwise), results of operations and performance. If requested by the Agent, the Parent and the Borrower shall execute an authorization letter addressed to its accountants authorizing the Agent or any Lender to discuss the financial affairs of the Parent and any Subsidiary with its accountants.

  • Maintenance and Inspection of Records A. The SERVICE PROVIDER at such times and in such forms as the CITY may require, shall furnish to the CITY such statements, records, reports, data, and information as the CITY may request pertaining to matters covered by this Agreement. B. The SERVICE PROVIDER shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit, by the CITY, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. C. To ensure the CITY’S compliance with the Public Records Act, RCW 42.56, the SERVICE PROVIDER shall retain all books, records, documents and other material relevant to this agreement, for six (6) years after its expiration. The SERVICE PROVIDER agrees that the CITY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period.