Common use of ACCESS AND INSPECTIONS Clause in Contracts

ACCESS AND INSPECTIONS. To the extent necessary to enable Buyer to verify Seller’s compliance with this Agreement, Buyer may have its duly authorized agents and representatives on Site both before and after the Project COD to inspect the construction, start-up, operation and maintenance of the Project and to witness all Testing. Seller grants to Buyer (including Xxxxx’s duly authorized agents and representatives) for the Term, if applicable, a right to access the Project at all reasonable hours, and, in an emergency, immediately upon request. In no event shall such access unreasonably interfere with Seller’s ownership, development, construction, operation or maintenance of the Project. In connection with Xxxxx’s exercise of these rights, while on Seller’s premises, Xxxxx’s personnel and duly authorized agents and representatives shall comply with all applicable health and safety rules or regulations of Seller, including, if required, acceptance of an escort. [Prior to the Project COD, Seller agrees to provide Buyer (i) space at the Site for one (1) single wide construction trailer (or at Seller’s option in lieu of such trailer space, an office in Seller’s offices at the Site for Buyer’s representative), and (ii) utilities for such construction trailer, or such office space.] [PARTIES TO DISCUSS WHETHER BUYER NEEDS TO HAVE TRAILER/OFFICE ON THE CONSTRUCTION SITE]. HAND OVER PERIOD [Four] Months prior to the expiration of the Term, Seller shall provide at no cost to Buyer training for its chosen Operations & Maintenance Contractor and Buyer’s staff and agents training as detailed in Appendix 19 sufficient so that they can successfully and efficiently operate and maintain the Project in compliance with all local, state, and federal regulations. During this period Buyer, its contractors and agents will have reasonable access to all Project facilities for the purpose of such training and turn over activities. DELIVERY POINT [SELLER TO PROVIDE DETAILS] [Remainder of page intentionally blank] APPENDIX 15

ACCESS AND INSPECTIONS. To the extent necessary to enable Buyer to verify Seller’s compliance with this Agreement, Buyer may have its duly authorized agents and representatives on Site both before and after the Project COD to inspect the construction, start-up, operation and maintenance of the Project and to witness all Testing. Seller grants to Buyer (including Xxxxx’s duly authorized agents and representatives) for the Term, if applicable, a right to access the Project at all reasonable hours, and, in an emergency, immediately upon request. In no event shall such access unreasonably interfere with Seller’s ownership, development, construction, operation or maintenance of the Project. In connection with Xxxxx’s exercise of these rights, while on Seller’s premises, Xxxxx’s personnel and duly authorized agents and representatives shall comply with all applicable health and safety rules or regulations of Seller, including, if required, acceptance of an escort. [Prior to the Project COD, Seller agrees to provide Buyer (i) space at the Site for one (1) single wide construction trailer (or at Seller’s option in lieu of such trailer space, an office in Seller’s offices at the Site for Buyer’s representative), and (ii) utilities for such construction trailer, or such office space.] [PARTIES TO DISCUSS WHETHER BUYER NEEDS TO HAVE TRAILER/OFFICE ON THE CONSTRUCTION SITE]. HAND OVER PERIOD [Four] Months prior to the expiration of the Term, Seller shall provide at no cost to Buyer training for its chosen Operations & Maintenance Contractor and Buyer’s staff and agents training as detailed in Appendix 19 sufficient so that they can successfully and efficiently operate and maintain the Project in compliance with all local, state, and federal regulations. During this period Buyer, its contractors and agents will have reasonable access to all Project facilities for the purpose of such training and turn over activities. DELIVERY POINT [SELLER TO PROVIDE DETAILS] [Remainder remainderRemainder of page intentionally blank] APPENDIX 15

ACCESS AND INSPECTIONS. To the extent necessary to enable Buyer to verify Seller’s compliance with this Agreement, Buyer may have its duly authorized agents and representatives on Site both before and after the Project COD to inspect the construction, start-up, operation and maintenance of the Project and to witness all Testing. Seller grants to Buyer (including Xxxxx’s duly authorized agents and representatives) for the Term, if applicable, a right to access the Project at all reasonable hours, and, in an emergency, immediately upon request. In no event shall such access unreasonably interfere with Seller’s ownership, development, construction, operation or maintenance of the Project. In connection with Xxxxx’s exercise of these rights, while on Seller’s premises, Xxxxx’s personnel and duly authorized agents and representatives shall comply with all applicable health and safety rules or regulations of Seller, including, if required, acceptance of an escort. [Prior to the Project COD, Seller agrees to provide Buyer (i) space at the Site for one (1) single wide construction trailer (or at Seller’s option in lieu of such trailer space, an office in Seller’s offices at the Site for Buyer’s representative), and (ii) utilities for such construction trailer, or such office space.] [PARTIES TO DISCUSS WHETHER BUYER NEEDS TO HAVE TRAILER/OFFICE ON THE CONSTRUCTION SITE]. HAND OVER PERIOD [Four] Months prior to the expiration of the Term, Seller shall provide at no cost to Buyer training for its chosen Operations & Maintenance Contractor and Buyer’s staff and agents training as detailed in Appendix 19 sufficient so that they can successfully and efficiently operate and maintain the Project in compliance with all local, state, and federal regulations. During this period Buyer, its contractors and agents will have reasonable access to all Project facilities for the purpose of such training and turn over activities. DELIVERY POINT [SELLER TO PROVIDE DETAILS] [Remainder remainder of page intentionally blank] APPENDIX 15

ACCESS AND INSPECTIONS. To the extent necessary to enable Buyer to verify Seller’s compliance with this Agreement, Buyer may have its duly authorized agents and representatives on Site both before 3.1.1 From and after the Project COD Effective Date through the Closing, Buyer, personally or through its authorized agent or representatives, shall be entitled to inspect enter upon the constructionProperty and shall have the right to make such investigations, start-upincluding appraisals, operation and maintenance tenant interviews, interviews of the Project and to witness all Testing. Seller grants to Buyer government officials, engineering studies, soil tests, environmental studies (including Xxxxx’s duly authorized agents a Phase I environmental site assessment) and representatives) for the Termunderwriting analyses, if applicable, a right to access the Project at all reasonable hours, and, in an emergency, immediately upon request. In no event shall such access unreasonably interfere with Seller’s ownership, development, construction, operation as Buyer deems necessary or maintenance of the Projectadvisable. In connection with XxxxxBuyer’s exercise of these rightsthe foregoing, while on Buyer may access the Property upon reasonable notice to Seller and subject to Seller’s premisesright to have a representative present at all such inspections; provided that, Xxxxx’s personnel Buyer acknowledges and duly authorized agents and representatives shall comply with all applicable health and safety rules or regulations of Seller, including, if required, acceptance of an escort. [Prior to the Project COD, Seller agrees to provide Buyer that (i) space any on-site inspections and examinations of the Property shall be subject to the rights of the tenants and shall be performed during normal business hours in a manner to minimize interference with the operation of Tenant’s business at the Site for one Property; (1ii) single wide construction trailer Buyer shall promptly repair any damage to the Property or any adjacent property(ies) caused by any actions of Buyer or Buyer’s representatives and shall restore the Property to substantially the same condition which existed immediately prior to such damages; (or at iii) Buyer must obtain Seller’s option in lieu of such trailer spaceprior written consent, an office which consent may be withheld in Seller’s offices at sole discretion (and which consent, if granted, may be subject to such conditions as Seller may require in its sole discretion), for the Site performance by Buyer or its authorized agents of any invasive or intrusive environmental testing beyond what is industry standard for a Phase I environmental site assessment, including but not limited to any drilling or soil borings of the surface of the Real Property or the installation of any monitoring xxxxx thereon; and (iv) Buyer indemnifies and holds Seller harmless from and against any damage, injury, claim or lien caused by the activities of Buyer or its agents or representatives on the Property, except that Buyer will have no obligation to indemnify Seller as a result of the discovery or presence of any pre-existing conditions, including any hazardous materials, unless such condition was materially exacerbated solely as a result of the gross negligence or intentional act of Buyer or Buyer’s representative), and (ii) utilities for such construction trailer, agents or such office space.] [PARTIES TO DISCUSS WHETHER BUYER NEEDS TO HAVE TRAILER/OFFICE ON THE CONSTRUCTION SITE]representatives. HAND OVER PERIOD [Four] Months Buyer shall furnish Seller on or prior to any entry onto the expiration Property by Buyer or or its agents a certificate of the Term, Seller shall provide at no cost to Buyer training for its chosen Operations & Maintenance Contractor general liability and Buyer’s staff and agents training as detailed in Appendix 19 sufficient so that they can successfully and efficiently operate and maintain the Project in compliance property damage insurance with all local, state, and federal regulations. During this period limits maintained by Buyer, its contractors evidencing single occurrence coverage of at least $1,000,000 per occurrence (and agents will have reasonable access to all Project facilities for the purpose aggregate coverage of such training at least $2,000,000) and turn over activitiesnaming Seller as an additional insured. DELIVERY POINT [SELLER TO PROVIDE DETAILS] [Remainder The foregoing indemnity and insurance obligations of page intentionally blank] APPENDIX 15Buyer shall survive Closing or any earlier termination of this Agreement.

ACCESS AND INSPECTIONS. To Xxxxx’s entry onto the extent necessary to enable Property is at Buyer’s sole risk, and Buyer to verify hereby releases Seller from all liability in connection therewith. Buyer will not unreasonably disturb, interrupt or interfere with any activities of Seller or Seller’s compliance with this Agreementtenants, Buyer may have its duly authorized agents agent, employees, invitees or licensees. All costs and representatives on Site both before and after the Project COD expenses related to inspect the construction, start-up, operation and maintenance Xxxxx’s inspection of the Project Property shall be paid for by Xxxxx, and Xxxxx agrees to witness indemnify and hold Seller harmless from and against all Testingsuch costs and expenses. Buyer shall not permit any liens to attach to the Property by reason of the exercise of Xxxxx’s rights hereunder. Xxxxx agrees that if Seller grants or Buyer terminates this Contract under any right granted hereunder, Xxxxx will: (i) restore the Property to materially and substantially the same condition which existed prior to any inspections, tests or other activities of Buyer thereon; (ii) indemnify and hold Seller harmless from and against any and all liens by contractors, subcontractors, materialmen or laborers performing work or tests for Buyer and from and against any and all claims for damages by third parties arising out of the conduct of such work and tests and/or any other activities of Buyer or Buyer’s employees or agents; (iii) pay to and/or reimburse Seller for the payment of any reasonable expenses (including Xxxxxreasonable attorney’s duly authorized agents fees and representativescourt costs) for the Term, if applicable, a right to access the Project at all reasonable hours, and, incurred in an emergency, immediately upon request. In no event shall such access unreasonably interfere connection with Seller’s ownership, development, construction, operation or maintenance any of the Project. In foregoing; and (iv) deliver to Seller, without representation or warranty as to accuracy and/or payment of any assignment fees or charges, copies of all studies, reports, surveys, tests and other materials of any kind or nature generated for or by Buyer in connection with Xxxxx’s exercise feasibility study of these rightsthe Property, while on Seller’s premises, Xxxxx’s personnel and duly authorized agents and representatives shall comply with all applicable health and safety rules or regulations excluding any items generated of Seller, including, if required, acceptance of an escort. [Prior a proprietary nature to the Project COD, Seller agrees to provide Buyer (i) space at the Site for one (1) single wide construction trailer (or at Seller’s option in lieu of such trailer space, an office in Seller’s offices at the Site for Buyer’s representative), and (ii) utilities for such construction trailer, or such office space.] [PARTIES TO DISCUSS WHETHER BUYER NEEDS TO HAVE TRAILER/OFFICE ON THE CONSTRUCTION SITE]normal business activities. HAND OVER PERIOD [Four] Months prior to Buyer’s obligations under the expiration terms of this section shall survive any termination of the TermContract and, in the event of Buyer’s default, Seller shall provide at no cost be entitled to Buyer training for its chosen Operations & Maintenance Contractor and Buyer’s staff and agents training as detailed seek any remedy available to Seller in Appendix 19 sufficient so that they can successfully and efficiently operate and maintain law or equity regardless of any limitation on remedies set forth elsewhere in the Project in compliance with all local, state, and federal regulations. During this period Buyer, its contractors and agents will have reasonable access to all Project facilities for the purpose of such training and turn over activities. DELIVERY POINT [SELLER TO PROVIDE DETAILS] [Remainder of page intentionally blank] APPENDIX 15Contract.