Common use of During Construction Work Clause in Contracts

During Construction Work. Without limiting City’s rights with respect to the Complex Site Reservations, City Parties shall have the right of access, for themselves and their authorized representatives, to the Complex Site and all portions thereof, without charges or fees, during the period of the performance of any Construction Work for the purposes of assuring compliance with this Agreement or for performing or undertaking any rights or obligations of City Parties pursuant to the terms of this Agreement; provided that with respect to access other than in connection with an Owner Default, City Parties shall (i) provide Notice to Owner at least twenty-four (24) hours in advance of such proposed entry and such proposed entry shall be during normal Business Hours, (ii) not materially hinder or interfere with the Construction Work or the activities of Owner’s contractors, (iii) take such reasonable protective caution or measures as Owner may reasonably request, given the stage of the Construction Work at the time of such entry, (iv) use commercially reasonable efforts to minimize interference with Owner’s use and operation of the Complex Site then being undertaken by Owner pursuant to the terms of this Agreement, and (v) be accompanied by a representative of Owner if required by Owner. Nothing in this Agreement, however, shall be interpreted to impose an obligation upon City Parties to conduct any inspections.

During Construction Work. Without limiting City’s rights with respect to the Complex Site Reservations, City Parties shall have the right of access, for themselves and their authorized representatives, to the Complex Site and all portions thereof, without charges or fees, during the period of the performance of any Construction Work for the purposes of assuring compliance with this Agreement or for performing or undertaking any rights or obligations of City Parties pursuant to the terms of this Agreement; provided that with respect to access other than in connection with an Owner Default, City Parties shall (i) provide Notice to Owner at least twenty-twenty- four (24) hours in advance of such proposed entry and such proposed entry shall be during normal Business Hours, (ii) not materially hinder or interfere with the Construction Work or the activities of Owner’s contractors, (iii) take such reasonable protective caution or measures as Owner may reasonably request, given the stage of the Construction Work at the time of such entry, (iv) use commercially reasonable efforts to minimize interference with Owner’s use and operation of the Complex Site then being undertaken by Owner pursuant to the terms of this Agreement, and (v) be accompanied by a representative of Owner if required by Owner. Nothing in this Agreement, however, shall be interpreted to impose an obligation upon City Parties to conduct any inspections.