Common use of Permitted Access Clause in Contracts

Permitted Access. Owner agrees that Rails to Trails LGC shall be permitted access to the Property on and subject to the terms and conditions provided herein. The access afforded Rails to Trails LGC by Owner shall be limited to, and solely for the purpose of, conducting a survey and non-invasive site review of the Property and any reasonable necessary inspections to determine the feasibility of construction or development of the proposed Trail. The Owner must approve any other activities related to the entry onto and inspection of the Property by Rails to Trails LGC. Additionally, prior to and as a condition to entry onto the Property to conduct any work or other activities on the Property, Rails to Trails LGC must inform and obtain the written consent of an authorized representative from MSA (as defined below) in accordance with Section 4 of this Agreement and deliver evidence of same to Owner, to confirm such entry, work and/or activities proposed will not impact the rail corridor and/or right-of-way within the Property, and Rails to Trails LGC hereby acknowledges and agrees that any impact to the rail corridor and/or right- of-way within the Property shall cause significant harm and damages to Owner. At all times during the term of this Agreement, Rails to Trails LGC shall be permitted access only to those parts of the Property reasonable and necessary for the completion of any survey, non-invasive site review, inspection, feasibility studies and any other non-invasive activities approved by the Owner related to Rails to Trails LGC’s survey of the Property and inspections to determine feasibility of the construction and development of the Trail as described herein. Further, the duration of any of Rails to Trails LGC’s access to the Property must be only for the shortest time reasonably necessary for Rails to Trails LGC to complete any survey, non-invasive site review, inspection, feasibility studies or other activities approved in writing by Owner.