Due Diligence and Inspections Clause Samples

Due Diligence and Inspections. It is the responsibility of the Lessee, at the Lessee’s sole expense, to satisfy itself, prior to the execution of this Lease or as provided herein, as to the condition of the Property subject to this Lease or has provided herein, as to the condition of the Property subject to this Lease, without limitation, permitted land uses, zoning codes, building regulations, height limitations, setbacks, applicable building codes, permits, soil conditions, and environmental conditions (the Lessee, at the Lessee’s sole expense, may obtain any environmental tests that it deems necessary including Environmental Phase I or Phase II Reports as part of its due diligence). In connection with any and all inspections performed by or for the Lessee, the Lessee shall indemnify and hold harmless the Lessor for any damage or injury done to the Land, the Property and Improvements, or the property of others as a consequence of such inspections(s) and the Lessee shall promptly repair or have repaired in good workmanship manner such damage caused.
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Due Diligence and Inspections. 2.5.1 Notwithstanding Section 2.3, on or before sixty (60) days from the Effective Date (the “Due Diligence Period”), Developer shall conduct an inspection of the Property and a review of the information relating to the Property and satisfy itself with respect to the condition of and other matters related to the Property and its suitability for Buyer’s intended use. 2.5.2 Developer may conduct due diligence and inspections of the Property and the Project, including such physical, legal, and engineering inspections, tests, and investigations as it may deem necessary or desirable, including soils and environmental studies. Such studies and investigations may include, without limitation, zoning, land use, environmental, design review, covenants, conditions and restrictions, financing, leasing markets, project feasibility and related matters. The results of all soil tests, surveys, environmental site assessments, and other investigations of the Property undertaken by Developer shall not be disclosed to any third party or other governmental entity without the prior written consent of the City, unless such disclosure is required by law or is required in connection with obtaining any necessary permits or approvals; provided, however, that Developer shall be permitted to disclose such results to its design professionals, consultants, attorneys, and potential lenders and investors, provided that such parties have been advised of the foregoing confidentiality obligation. 2.5.3 The scope and cost of the due diligence and inspections shall be the responsibility of Developer. Developer will repair or restore any damage to the Property caused by the entry of or testing by Developer or its agents, contractors, or affiliates. City agrees to cooperate with Developer in connection with ▇▇▇▇▇▇▇▇▇’s due diligence and to provide information and documentation concerning the Property that Developer may request. 2.5.4 Developer shall indemnify, defend and hold the City harmless from and against any claims, damages or liability (including reasonable attorney fees) resulting from Developer’s entry on the Property, and shall repair any damage to the Property caused by the activities of Developer; provided, however, that Developer shall have no obligation to indemnify, defend, or hold harmless the City from any condition of the Property discovered by Developer, nor from any losses, including, without limitation, loss of marketability of the Property, as a consequence of such discover...
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Due Diligence and Inspections 
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Related to Due Diligence and Inspections

  • Tests and Inspections § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense. § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.

  • Audits and Inspections At any time during normal business hours and as often as the City may deem necessary, Service Provider shall make available to the City for the City’s examination all of Service Provider’s records and documents with respect to all matters covered by this Agreement and, furthermore, Service Provider will permit the City to audit, examine and make copies, excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

  • 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 Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

  • Records and Inspections Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.