Common use of Entry by City Clause in Contracts

Entry by City. 5.8.1 LPC West shall permit City, through its officers, agents, or employees, to enter an Improvement on a Parcel at reasonable times during business hours after reasonable advance written notice and acceptance by LPC West (a) to inspect the work of construction to determine that the same is in conformity with the requirements of this Agreement, and (b) following completion of construction, to inspect the ongoing operation and management of the Component to determine that the same is in conformance with the requirements of this Agreement. Notwithstanding the foregoing, City shall not be permitted to interfere with LPC West’s operations at the applicable Parcel or Improvement or interfere with any tenant’s occupancy of the Parcel or Improvement, and the scheduling of any inspections shall take into account the timing and availability of a LPC West representative to attend such inspections and access to tenants’ premises pursuant to tenants’ rights under the Leases or otherwise. City’s inspections shall not involve any activities that penetrate into an Improvement or any portion thereof. 5.8.2 City shall immediately repair any damage to the Parcel or Improvements caused by City’s entry onto and inspections of the Parcel or Improvement. City hereby agrees to indemnify, defend, and hold LPC West, its managers, members, partners, officers, directors, employees, and agents free and harmless from and against any and all costs, losses, liabilities, damages and expenses, of any kind or nature whatsoever (including reasonable attorneys’ fees and costs actually incurred), arising out of damage to persons or property caused by or arising out of or resulting from the entry and/or the conduct of inspections upon a Parcel or Improvements by City, its officers, agents or employees. The foregoing obligations and indemnification shall survive the expiration or earlier termination of this Agreement. 5.8.3 LPC West acknowledges that City is under no obligation to supervise, inspect, or inform LPC West of the progress of construction or operations, and LPC West shall not rely upon City therefor. Any inspection by City during the construction is entirely for its purposes in determining whether LPC West is in compliance with this Agreement and is not for the purpose of determining or informing LPC West of the quality or suitability of construction. LPC West shall rely entirely upon its own supervision and inspection (or that provided by third parties) in determining the quality and suitability of the materials and work, and the performance of architects, subcontractors, and material suppliers.