Tenant’s Inspection Rights. Landlord shall schedule and attend monthly progress meetings, walkthroughs and any other meetings with the Architect, the Contractor and Tenant to discuss the progress of the construction of the Tenant Improvements ("Meetings"). Landlord shall give Tenant at least twenty-four (24) hours prior notice (written or telephonic) of all such Meetings. Tenant shall designate in writing the person or persons appointed by Tenant to attend the Meetings and such designated party shall be entitled to be present at and to participate in the discussions during all Meetings; but Landlord may conduct the Meetings even if Tenant's appointees are not present. Tenant or its agents shall have the right at any and all reasonable times to conduct inspections, tests, surveys and reports of work in progress ("Inspections") for the purpose of reviewing whether the Tenant Improvements are being constructed in accordance with the Final Plans, as amended by any approved Change Orders or other agreed upon changes. Tenant agrees to protect, hold harmless and indemnify Landlord from all claims, demands, costs and liabilities (including reasonable attorneys' fees) arising from Tenant's or Tenant's agents entry onto the Land for the purpose of conducting Inspections.
Tenant’s Inspection Rights. Landlord shall exercise reasonable efforts to keep Tenant advised with respect to the progress of the construction of the Initial Improvements and the estimated date of Substantial Completion, and Landlord shall notify Tenant in writing as soon as Substantial Completion occurs as provided herein. During the construction of the Initial Improvements and subject to Landlord's reasonable scheduling requirements, Tenant shall have the right to inspect the Premises to monitor the progress of construction of the Initial Improvements; provided, however, that such right may not be exercised unless Tenant has: (i) given Landlord at least three (3) business days' prior written notice of the date and time Tenant intends to exercise such inspection right; and (ii) Tenant and/or Tenant's architect are accompanied at all times during the course of said inspection by Landlord and Landlord's representative or the Project Architect, or (iii) unless otherwise agreed to by Landlord and Tenant without notice and by mutual consent.
Tenant’s Inspection Rights. Landlord shall schedule and attend periodic progress meetings, walk-throughs and any other meetings with the Contractor and Tenant to discuss the progress of the construction of the Tenant Improvements (“Meetings”). Landlord shall give Tenant at least two (2) business days prior notice (written or telephonic) of all such Meetings. Tenant shall designate in writing the person or persons appointed by Tenant to attend the Meetings and such designated party shall be entitled to be present at and to participate in the discussions during all Meetings; but Landlord may conduct the Meetings even if Tenant’s appointees are not present as long as the required notice was given. In addition to the foregoing and to Tenant’s early entry rights as provided in Section 2.03 of the Lease and Paragraph 1 of the Addendum, Tenant or its agents shall have the right at any and all reasonable times to conduct inspections, tests, surveys and reports of work in progress (“Inspections”) for the purpose of reviewing whether the Tenant Improvements are being constructed in accordance with the Final Tenant Plans, as amended by any approved Change Orders or other agreed upon changes. Tenant agrees to protect, hold harmless and indemnify Landlord from all claims, demands, costs and liabilities (including reasonable attorneys’ fees) arising from Tenant’s or Tenant’s agents entry onto the Land for the purpose of conducting Inspections, except those claims, demands, costs and liabilities resulting from the negligence or willful misconduct of Landlord or its Contractor, their employees, agents, subcontractors and licensees. Landlord and Tenant shall hold project meetings at least once a week to discuss the status of the Work.
Tenant’s Inspection Rights. Provided there is no Event of Default, within one hundred twenty (120) days after receiving Landlord’s annual statement (“Audit Period”), Tenant may, upon reasonable prior written notice to Landlord and during normal business hours at the place where Landlord’s records for the Building are maintained in the state of Nevada, cause a certified public accountant (“CPA”) or employee of Tenant to copy (at Tenant’s expense), inspect and audit those books and records of Landlord relating to the determination of Property Taxes and Operating Costs for the calendar year for which such statement was prepared. If Tenant fails to exercise its inspection rights or dispute Landlord’s annual statement within the Audit Period, Landlord’s annual statement shall conclusively be deemed correct, and Tenant shall be bound by Landlord’s determination. Tenant shall cause the results of such audit, including the audit report, to be communicated in writing to Landlord. If such audit shows that the amount paid by Tenant to Landlord on account of demonstrated errors in such charges exceeded the amounts to which Landlord was entitled hereunder, Landlord shall refund to Tenant the amount of such excess within sixty
Tenant’s Inspection Rights. If Tenant desires to inspect Landlord’s determination of the actual amount of Excess Insurance Expenses for any Expense Year, Tenant must deliver to Landlord written notice of Tenant’s election to inspect within one (1) year after Landlord’s delivery of the statement of such amount under Section 3.4. If such notice is timely delivered, Landlord will promptly provide to Tenant copies of invoices for the Insurance Expenses and back-up and documentation evidencing Landlord’s calculation of the amount of Excess Insurance Expenses owed by Tenant for such Expense Year and copies of any insurance policies and any other information reasonably requested by Tenant. If the inspection shows that the amount Landlord charged Tenant for Excess Insurance Expenses was greater than the amount this Article 3 obligates Tenant to pay, unless Landlord reasonably contests such determination, Landlord will refund the excess amount to Tenant, together with interest on the excess amount (computed at 10% per annum from the date Tenant delivers its dispute notice to Landlord), within thirty (30) days after Landlord receives Tenant’s dispute notice. If the inspection shows that the amount Landlord charged Tenant for Excess Insurance Expenses was less than the amount this Article 3 obligates Tenant to pay, Tenant will pay to Landlord, as Additional Rent, the difference between the amount Tenant paid and the amount so determined. Pending resolution of any audit under this Section 3.5, Tenant will continue to pay to Landlord the Estimated Insurance Expenses in accordance with Section 3.3.
Tenant’s Inspection Rights. Landlord shall convene regular progress meetings and walk-throughs with the Tenant, the architect, and the general contractor involved in the construction of the Improvements to discuss the progress of such construction. Landlord shall give Tenant at least three (3) business days notice of such meetings. Tenant or its agents shall have the right at any and all reasonable times to conduct inspections, tests, surveys and reports of work in progress.
Tenant’s Inspection Rights. At Tenant's request, Xxxxxxxx shall schedule a walk-through with the Tenant to discuss the progress of Xxxxxxxx's Work. Landlord shall give Tenant at least forty-eight (48) hours prior notice (written or telephonic) of the Meeting. Tenant or its agents shall have the right to inspect the work in progress ("Inspection") for the purpose of reviewing whether the Landlord's Work is completed to its satisfaction. Xxxxxx agrees to protect, hold harmless and indemnify Landlord from all claims, demands, costs and liabilities (including reasonable attorneys' fees) arising from Tenant's or Tenant's agents entry onto the Land for the purpose of conducting Inspections.
Tenant’s Inspection Rights. Provided there is no Event of Default, within thirty (30) days after receipt of Landlord's annual statement ("Audit Period"), Tenant may, upon reasonable prior written notice to Landlord and during normal business hours at the place where Landlord's records for the Building are maintained, cause a certified public accountant ("CPA") * CERTAIN CONFIDENTIAL INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 10 to copy (at Tenant's expense), inspect and audit those books and records of Landlord relating to the determination of Operating Costs for the calendar year for which such statement was prepared. If Landlord's computation of Increased Operation Costs exceeds the actual Increased Operation Costs by more than five percent (5%) and Tenant has conducted such an audit, Landlord shall pay within thirty (30) days of its receipt of an invoice, the reasonable costs and expenses of the audit which shall not exceed One Thousand Dollars ($1,000). If Tenant fails to exercise its inspection rights or dispute Landlord's annual statement within the Audit Period, Landlord's annual statement shall conclusively be deemed to be correct, and Tenant shall be bound by Landlord's determination.
Tenant’s Inspection Rights. During the thirty (30)-day period after receipt of any Landlord’s Statement (the “Review Period”), Tenant may, at its sole cost and expense (except as provided in subsection (f) below), request to inspect and audit Landlord’s records relevant to the cost and expense items reflected in such Landlord’s Statement at a reasonable time mutually agreeable to Landlord and Tenant during Landlord’s usual business hours. Each Landlord’s Statement shall be conclusive and binding upon Tenant unless within the Review Period Tenant shall notify Landlord that it disputes the correctness of Landlord’s Statement, specifying how Landlord’s Statement is claimed to be incorrect. All inspections and audits of Landlord’s books and records and any arbitration shall be subject to a confidentiality agreement reasonably acceptable to Landlord. Tenant acknowledges and agrees that any accountant conducting the audit shall not be compensated on a contingency fee basis.
Tenant’s Inspection Rights. During the ninety (90)-day period after receipt of any Landlord’s Statement (the “Review Period”), Tenant may, at its sole cost and expense, inspect and audit Landlord’s records relevant to the cost and expense items reflected in such Landlord’s Statement at a reasonable time mutually agreeable to Landlord and Tenant during Landlord’s usual business hours. Each Landlord’s Statement shall be conclusive and binding upon Tenant unless within the Review Period Tenant shall notify Landlord that it disputes the correctness of Landlord’s Statement, specifying how Landlord’s Statement is claimed to be incorrect. All inspections and audits of Landlord’s books and records shall be subject to a confidentiality agreement reasonably acceptable to Landlord. Tenant acknowledges and agrees that any accountant conducting the audit shall not be compensated on a contingency fee basis.
