Common use of Entry by NPS Clause in Contracts

Entry by NPS. Developer must permit NPS, through its employees, contractors and agents, to enter the Project Area at all reasonable times during construction of the Initial and Phased Improvements to observe all aspects of the construction and to inspect the work of the Initial and Phased Improvements to determine that such work is in substantial conformity with the approved Construction Documents or to inspect the Project and the Project Area for compliance with this Agreement. No inspection performed or not performed by NPS under this Agreement will give or be deemed to give NPS any responsibility or liability with respect to the work or the prosecution thereof or the design or construction of the Initial or Phased Improvements or constitute or be deemed to constitute a waiver of any of Developer's obligations under this Agreement or be construed as approval or acceptance of the work or the prosecution thereof or the design or construction of the Initial or Phased Improvements. Approval and acceptance of the Initial or Phased Improvements will be pursuant to the provisions of this Agreement and the Lease pertaining to the construction approval process and issuance of Certificates of Occupancy. NPS is under no obligation to (a) supervise the construction, (b) inspect the Project or the Project Area, or (c) inform Developer of information obtained by NPS during any inspection, and Developer must not rely upon NPS for any supervision, inspection, or information.

Entry by NPS. Developer must shall permit NPS, through its employees, contractors and agents, to enter the Project Area at all reasonable times during construction of the Initial and Phased Improvements to observe all aspects of the construction and to inspect the work of the Initial and Phased Improvements to determine that such work is in substantial conformity with the approved Construction Documents or to inspect the Project and and/or the Project Area for compliance with this Agreement. No inspection performed or not performed by NPS under this Agreement will shall give or be deemed to give NPS any responsibility or liability with respect to the work or the prosecution thereof or the design or construction of the Initial or Phased Improvements or constitute or be deemed to constitute a waiver of any of Developer's ’s obligations under this Agreement or be construed as approval or acceptance of the work or the prosecution thereof or the design or construction of the Initial or Phased Improvements. Approval and acceptance of the Initial or Phased Improvements will shall be pursuant to the provisions of this Agreement and the Lease pertaining to the construction approval process and issuance of Certificates of Occupancy. NPS is under no obligation to (a) supervise the constructionrenovation, Rehabilitation, or development, (b) inspect the Project or the Project Area, or (c) inform Developer of information obtained by NPS during any inspection, and Developer must shall not rely upon NPS for any supervision, inspection, or information.information.‌‌