Common use of LANDLORD'S RIGHT TO INSPECT Clause in Contracts

LANDLORD'S RIGHT TO INSPECT. The parties acknowledge that Landlord is a direct or indirect controlled subsidiary of an entity, ESH Hospitality Holdings LLC, a Delaware limited liability company (the “REOC Parent”), that is intended to qualify as a “real estate operating company” (a “REOC”) within the meaning of the U.S. Department of Labor plan assets regulation (Section 2510.3-101, Part 2510 of Chapter XXV, Title 29 of the Code of Federal Regulations) and that it is intended that Landlord will have the rights, pursuant to this Lease, as would be reasonably necessary to result in the qualification of REOC Parent as a REOC. Without limiting the generality of the foregoing, notwithstanding any other provision of this Lease, without prejudice to the other rights provided to Landlord under this Lease, Tenant agrees to: (a) permit Landlord and REOC Parent to visit and inspect the Leased Property, to make such repairs as Landlord is permitted or required to make pursuant to the terms of this Lease, and inspect and copy the books and records of Tenant, at such times as Landlord shall reasonably request; provided, that any inspection or repair by Landlord and REOC Parent or their representatives will not unreasonably interfere with Tenant’s or Manager’s use and operation of the Leased Property; (b) periodically (at least quarterly) provide Landlord and REOC Parent with information and reports regarding Tenant’s or Manager’s operation and management of the Leased Property and the performance of its duties under this Lease and with respect to renovations, alterations, general maintenance, repairs, and development activities that Tenant has engaged in or intends to engage in with respect to the Leased Property and its surroundings; (c) periodically (at least quarterly) consult with Landlord and REOC Parent in advance with respect to any right retained under this Lease and with respect to Tenant’s operation and management of the Leased Property, as appropriate, and the performance of Tenant’s duties under this Lease including, without limitation, with respect to matters relating to renovations, alterations, general maintenance, repairs, and development activities with respect to the Leased Property and its surroundings; and (d) to provide Landlord and REOC Parent with such other rights as may reasonably be determined by Landlord to be necessary to enable REOC Parent to qualify as a REOC; provided, that such additional rights do not materially adversely affect (A) Tenant’s ability to perform its duties under this Lease or the economic benefits enjoyed by Tenant under this Lease or (B) the status of ESH Hospitality as a real estate investment trust under the Code. Tenant agrees to consider, in good faith, the recommendations of Landlord in connection with the matters on which it is consulted as described above.

LANDLORD'S RIGHT TO INSPECT. The parties acknowledge that Landlord is a direct or indirect controlled subsidiary of an entity, ESH Hospitality Holdings LLCExtended Stay America, Inc., a Delaware limited liability company corporation (the “REOC Parent”), that is intended to qualify as a “real estate operating company” (a “REOC”) within the meaning of the U.S. Department of Labor plan assets regulation (Section 2510.3-101, Part 2510 of Chapter XXV, Title 29 of the Code of Federal Regulations) and that it is intended that Landlord will have the rights, pursuant to this Lease, as would be reasonably necessary to result in the qualification of REOC Parent as a REOC. Without limiting the generality of the foregoing, notwithstanding any other provision of this Lease, without prejudice to the other rights provided to Landlord under this Lease, Tenant agrees to: (a) permit Landlord and REOC Parent to visit and inspect the Leased Property, to make such repairs as Landlord is permitted or required to make pursuant to the terms of this Lease, and inspect and copy the books and records of Tenant, at such times as Landlord shall reasonably request; provided, that any inspection or repair by Landlord and REOC Parent or their representatives will not unreasonably interfere with Tenant’s or Manager’s the Management Parties’ use and operation of the Leased Property; (b) periodically (at least quarterly) provide Landlord and REOC Parent with information and reports regarding Tenant’s or Manager’s the Management Parties’ operation and management of the Leased Property and the performance of its duties under this Lease and with respect to renovations, alterations, general maintenance, repairs, and development activities that Tenant has engaged in or intends to engage in with respect to the Leased Property and its surroundings; (c) periodically (at least quarterly) consult with Landlord and REOC Parent in advance with respect to any right retained under this Lease and with respect to Tenant’s operation and management of the Leased Property, as appropriate, and the performance of Tenant’s duties under this Lease including, without limitation, with respect to matters relating to renovations, alterations, general maintenance, repairs, and development activities with respect to the Leased Property and its surroundings; and (d) to provide Landlord and REOC Parent with such other rights as may reasonably be determined by Landlord to be necessary to enable REOC Parent to qualify as a REOC; provided, that such additional rights do not materially adversely affect (A) Tenant’s ability to perform its duties under this Lease or the economic benefits enjoyed by Tenant under this Lease or (B) the status of ESH Hospitality as a real estate investment trust under the Code. Tenant agrees to consider, in good faith, the recommendations of Landlord in connection with the matters on which it is consulted as described above.

LANDLORD'S RIGHT TO INSPECT. The parties acknowledge that Landlord is a direct or indirect controlled subsidiary of an entity, ESH Hospitality Holdings LLCExtended Stay America, Inc., a Delaware limited liability company corporation (the “REOC Parent”), that is intended to qualify as a “real estate operating company” (a “REOC”) within the meaning of the U.S. Department of Labor plan assets regulation (Section 2510.3-101, Part 2510 of Chapter XXV, Title 29 of the Code of Federal Regulations) and that it is intended that Landlord will have the rights, pursuant to this Lease, as would be reasonably necessary to result in the qualification of REOC Parent as a REOC. Without limiting the generality of the foregoing, notwithstanding any other provision of this Lease, without prejudice to the other rights provided to Landlord under this Lease, Tenant agrees to: (a) permit Landlord and REOC Parent to visit and inspect the Leased Property, to make such repairs as Landlord is permitted or required to make pursuant to the terms of this Lease, and inspect and copy the books and records of Tenant, at such times as Landlord shall reasonably request; provided, that any inspection or repair by Landlord and REOC Parent or their representatives will not unreasonably interfere with Tenant’s or Manager’s use and operation of the Leased Property; (b) periodically (at least quarterly) provide Landlord and REOC Parent with information and reports regarding Tenant’s or Manager’s operation and management of the Leased Property and the performance of its duties under this Lease and with respect to renovations, alterations, general maintenance, repairs, and development activities that Tenant has engaged in or intends to engage in with respect to the Leased Property and its surroundings; (c) periodically (at least quarterly) consult with Landlord and REOC Parent in advance with respect to any right retained under this Lease and with respect to Tenant’s operation and management of the Leased Property, as appropriate, and the performance of Tenant’s duties under this Lease including, without limitation, with respect to matters relating to renovations, alterations, general maintenance, repairs, and development activities with respect to the Leased Property and its surroundings; and (d) to provide Landlord and REOC Parent with such other rights as may reasonably be determined by Landlord to be necessary to enable REOC Parent to qualify as a REOC; provided, that such additional rights do not materially adversely affect (A) Tenant’s ability to perform its duties under this Lease or the economic benefits enjoyed by Tenant under this Lease or (B) the status of ESH Hospitality as a real estate investment trust under the Code. Tenant agrees to consider, in good faith, the recommendations of Landlord in connection with the matters on which it is consulted as described above.

LANDLORD'S RIGHT TO INSPECT. The parties acknowledge that Landlord is a direct or indirect controlled subsidiary of an entity, ESH Hospitality Holdings LLC, a Delaware limited liability company (the “REOC Parent”), that is intended to qualify as a “real estate operating company” (a “REOC”) within the meaning of the U.S. Department of Labor plan assets regulation (Section 2510.3-101, Part 2510 of Chapter XXV, Title 29 of the Code of Federal Regulations) and that it is intended that Landlord will have the rights, pursuant to this Lease, as would be reasonably necessary to result in the qualification of REOC Parent as a REOC. Without limiting the generality of the foregoing, notwithstanding any other provision of this Lease, without prejudice to the other rights provided to Landlord under this Lease, Tenant agrees to: (a) permit Landlord and REOC Parent to visit and inspect the Leased Property, to make such repairs as Landlord is permitted or required to make pursuant to the terms of this Lease, and inspect and copy the books and records of Tenant, at such times as Landlord shall reasonably request; provided, that any inspection or repair by Landlord and REOC Parent or their representatives will not unreasonably interfere with Tenant’s or Manager’s the Management Parties’ use and operation of the Leased Property; (b) periodically (at least quarterly) provide Landlord and REOC Parent with information and reports regarding Tenant’s or Manager’s the Management Parties’ operation and management of the Leased Property and the performance of its duties under this Lease and with respect to renovations, alterations, general maintenance, repairs, and development activities that Tenant has engaged in or intends to engage in with respect to the Leased Property and its surroundings; (c) periodically (at least quarterly) consult with Landlord and REOC Parent in advance with respect to any right retained under this Lease and with respect to Tenant’s operation and management of the Leased Property, as appropriate, and the performance of Tenant’s duties under this Lease including, without limitation, with respect to matters relating to renovations, alterations, general maintenance, repairs, and development activities with respect to the Leased Property and its surroundings; and (d) to provide Landlord and REOC Parent with such other rights as may reasonably be determined by Landlord to be necessary to enable REOC Parent to qualify as a REOC; provided, that such additional rights do not materially adversely affect (A) Tenant’s ability to perform its duties under this Lease or the economic benefits enjoyed by Tenant under this Lease or (B) the status of ESH Hospitality as a real estate investment trust under the Code. Tenant agrees to consider, in good faith, the recommendations of Landlord in connection with the matters on which it is consulted as described above.

LANDLORD'S RIGHT TO INSPECT. The parties acknowledge that Section 20.01. Landlord is a direct or indirect controlled subsidiary shall retain duplicate keys to all doors of the Premises. Tenant shall provide Landlord with new keys should Tenant receive Landlord's consent to change the locks. Landlord shall have the right to enter the Premises at reasonable hours and with reasonable notice to Tenant giving Tenant an opportunity to accompany Landlord (or, in the event of an entityemergency, ESH Hospitality Holdings LLCat any hour and without notice to or accompaniment by Tenant) (a) to exhibit the same (i) to present or prospective mortgagees, a Delaware limited liability company lessors or purchasers during the Term, and (ii) to prospective tenants during the “REOC Parent”), that is intended to qualify as a “real estate operating company” (a “REOC”) within the meaning last twelve month period of the U.S. Department Term, (b) to inspect the Premises, (c) to confirm that Tenant is complying with all of Labor plan assets regulation (Section 2510.3-101, Part 2510 of Chapter XXV, Title 29 of the Code of Federal Regulations) Tenant's covenants and that it is intended that Landlord will have the rights, pursuant to this Lease, as would be reasonably necessary to result in the qualification of REOC Parent as a REOC. Without limiting the generality of the foregoing, notwithstanding any other provision of this Lease, without prejudice to the other rights provided to Landlord obligations under this Lease, Tenant agrees to: (ad) permit to clean or make repairs required of Landlord and REOC Parent to visit and inspect the Leased Property, to make such repairs as Landlord is permitted or required to make pursuant to under the terms of this Lease, (e) to make repairs to areas adjoining the Premises, and inspect (f) to repair and copy service utility lines or other components of the books and records of Tenant, at such times as Landlord shall reasonably requestBuilding; provided, that any inspection or repair by however, Landlord and REOC Parent or their representatives will not unreasonably interfere shall use reasonable efforts to minimize interference with Tenant’s or Manager’s use and operation of the Leased Property; (b) periodically (at least quarterly) provide Landlord and REOC Parent with information and reports regarding Tenant’s or Manager’s operation and management of the Leased Property and the performance of its duties under this Lease and with respect to renovations, alterations, general maintenance, repairs, and development activities that Tenant has engaged in or intends to engage in with respect to the Leased Property and its surroundings; (c) periodically (at least quarterly) consult with Landlord and REOC Parent in advance with respect to any right retained under this Lease and with respect to Tenant’s operation and management of the Leased Property, as appropriate, and the performance of Tenant’s duties under this Lease 's business including, without limitation, with respect endeavoring to matters relating make non-emergency repairs to renovations, alterations, general maintenance, repairsthe Premises after Business Hours. Landlord shall not be liable to Tenant for the exercise of Landlord's rights under this Article 20, and development activities Tenant hereby waives any claims for damages for any injury or inconvenience to or interference with respect to Tenant's business, any loss of occupancy or quiet enjoyment of the Leased Property Premises, and its surroundings; and (d) to provide Landlord and REOC Parent with such any other rights as may reasonably be determined by Landlord to be necessary to enable REOC Parent to qualify as a REOC; provided, that such additional rights do not materially adversely affect (A) Tenant’s ability to perform its duties under this Lease or the economic benefits enjoyed by Tenant under this Lease or (B) the status of ESH Hospitality as a real estate investment trust under the Code. Tenant agrees to consider, in good faith, the recommendations of Landlord in connection with the matters on which it is consulted as described aboveloss occasioned thereby.

LANDLORD'S RIGHT TO INSPECT. The parties acknowledge that Landlord is a direct or indirect controlled subsidiary of an entityshall have the right to inspect the Tenant Improvements at all times, ESH Hospitality Holdings LLC, a Delaware limited liability company (the “REOC Parent”)provided however, that is intended Landlord's failure to qualify as inspect the Tenant Improvements shall in no event constitute a “real estate operating company” (a “REOC”) within the meaning waiver of any of Landlord's rights hereunder nor shall Landlord's inspection of the U.S. Department of Labor plan assets regulation (Section 2510.3-101, Part 2510 of Chapter XXV, Title 29 Tenant Improvements constitute Landlord's approval of the Code same. Should Landlord disapprove any portion of Federal Regulations) the Tenant Improvements, Landlord shall notify tenant in writing of such disapproval and shall specify the items disapproved. Any defects or deviations in, and/or disapproval by Landlord of, the Tenant Improvements shall be rectified by Tenant at no expense to Landlord, provided however, that it is intended that Landlord will have the rights, pursuant to this Lease, as would be reasonably necessary to result in the qualification event Landlord determines that a defect or deviation exists or disapproves of REOC Parent as a REOC. Without limiting the generality any matter in connection with any portion of the foregoingTenant Improvements and such defect, notwithstanding deviation or matter might adversely affect the mechanical, electrical, plumbing, heating, ventilating and air-conditioning or life-safety systems of the Project, the structure or exterior appearance of the Project or any other provision tenant's use of this Leasesuch other tenant's premises, Landlord may take such action as Landlord deems necessary, at Tenant's expense and without prejudice to the other rights provided to Landlord under this Lease, Tenant agrees to: (a) permit Landlord and REOC Parent to visit and inspect the Leased Propertyincurring any liability on Landlord's part, to make correct any such repairs as Landlord is permitted or required to make pursuant to the terms of this Leasedefect, and inspect and copy the books and records of Tenantdeviation and/or matter, at such times as Landlord shall reasonably request; provided, that any inspection or repair by Landlord and REOC Parent or their representatives will not unreasonably interfere with Tenant’s or Manager’s use and operation of the Leased Property; (b) periodically (at least quarterly) provide Landlord and REOC Parent with information and reports regarding Tenant’s or Manager’s operation and management of the Leased Property and the performance of its duties under this Lease and with respect to renovations, alterations, general maintenance, repairs, and development activities that Tenant has engaged in or intends to engage in with respect to the Leased Property and its surroundings; (c) periodically (at least quarterly) consult with Landlord and REOC Parent in advance with respect to any right retained under this Lease and with respect to Tenant’s operation and management of the Leased Property, as appropriate, and the performance of Tenant’s duties under this Lease including, without limitation, with respect causing the cessation of performance of the construction of the Tenant Improvements until such time as the defect, deviation and/or matter is corrected to matters relating to renovations, alterations, general maintenance, repairs, and development activities with respect to the Leased Property and its surroundings; and (d) to provide Landlord and REOC Parent with such other rights as may reasonably be determined by Landlord to be necessary to enable REOC Parent to qualify as a REOC; provided, that such additional rights do not materially adversely affect (A) Tenant’s ability to perform its duties under this Lease or the economic benefits enjoyed by Tenant under this Lease or (B) the status of ESH Hospitality as a real estate investment trust under the Code. Tenant agrees to consider, in good faith, the recommendations of Landlord in connection with the matters on which it is consulted as described aboveLandlord's satisfaction.

LANDLORD'S RIGHT TO INSPECT. The parties acknowledge that Landlord is a direct or indirect controlled subsidiary of an entityand its agents shall have the right to enter upon the Premises at any reasonable time to inspect the operation, ESH Hospitality Holdings LLCsanitation, a Delaware limited liability company (the “REOC Parent”)safety, that is intended to qualify as a “real estate operating company” (a “REOC”) within the meaning maintenance and use of the U.S. Department of Labor plan assets regulation (Section 2510.3-101same, Part 2510 of Chapter XXV, Title 29 or any portions of the Code of Federal Regulations) same, and to assure itself that it Tenant is intended that Landlord will have the rights, pursuant to in full compliance with its obligations under this Lease, as would be reasonably necessary to result conduct from time to time an ADA inspection or audit of the Premises, and Tenant agrees to cooperate in the qualification conduct of REOC Parent as such investigation or audit. If any investigation or audit detects a REOC. Without limiting violation of Tenant's obligation to comply and to keep the generality of Premises in compliance with the foregoing, notwithstanding any other provision requirements of this Lease, without prejudice then Tenant shall bear the cost and take whatever action is necessary to the other rights provided to Landlord under this Lease, Tenant agrees to: (a) permit Landlord and REOC Parent to visit and inspect the Leased Property, to make such repairs as Landlord is permitted or required to make pursuant to the terms of this Leasecomply, and inspect bring the Premises into compliance with this Lease and copy the books and records of Tenant, at such times as Landlord shall reasonably request; provided, that any inspection fee or repair cost incurred by Landlord for such investigation or audit shall be borne by Tenant and REOC Parent or their representatives will not unreasonably interfere with Tenant’s or Manager’s use and operation of the Leased Property; (b) periodically (at least quarterly) provide Landlord and REOC Parent with information and reports regarding Tenant’s or Manager’s operation and management of the Leased Property and the performance of its duties shall be paid by Tenant as Additional Rent under this Lease and on demand by Landlord. Further, if Tenant fails to keep the Premises in compliance with respect to renovations, alterations, general maintenance, repairs, and development activities that Tenant has engaged in or intends to engage in with respect to the Leased Property and its surroundings; (c) periodically (at least quarterly) consult with Landlord and REOC Parent in advance with respect to any right retained under requirements of this Lease and with respect to Tenant’s operation and management of the Leased Property, as appropriate, and the performance of Tenant’s duties under this Lease (including, without limitation, the requirement that the Premises be in compliance with respect the ADA), then Landlord may take whatever action is necessary to matters relating to renovations, alterations, general maintenance, repairsbring the Premises into compliance, and development activities with respect to the Leased Property and its surroundings; and (d) Tenant agrees to provide Landlord access to the Premises and REOC Parent with such other rights pay, as may reasonably be determined Additional Rent, on demand, all costs incurred by Landlord in bringing the Premises into compliance. Landlord, however, shall have no affirmative obligation to bring the Premises into compliance and nothing herein shall be necessary to enable REOC Parent to qualify construed as a REOC; provided, that creating such additional rights do not materially adversely affect (A) Tenant’s ability to perform its duties under this Lease or the economic benefits enjoyed by Tenant under this Lease or (B) the status of ESH Hospitality as a real estate investment trust under the Code. Tenant agrees to consider, in good faith, the recommendations of Landlord in connection with the matters an obligation on which it is consulted as described aboveLandlord.

LANDLORD'S RIGHT TO INSPECT. The parties acknowledge that Landlord is a direct shall retain duplicate keys to all doors of the Premises. Tenant shall provide Landlord with new keys should Tenant receive Landlord's consent to change the locks. Landlord or indirect controlled subsidiary Landlord's agents shall have the right to enter the Premises at reasonable hours (or, in the event of an entityemergency, ESH Hospitality Holdings LLCat any hour) (a) to exhibit the same to present or prospective mortgagees, a Delaware limited liability company (lessors or purchasers during the “REOC Parent”), that is intended Lease Term and to qualify as a “real estate operating company” (a “REOC”) within prospective tenants during the meaning year immediately preceding the expiration of the U.S. Department Lease Term, (b) to inspect the Premises, (c) to confirm that Tenant is complying with all of Labor plan assets regulation (Section 2510.3-101, Part 2510 of Chapter XXV, Title 29 of the Code of Federal Regulations) Tenant's covenants and that it is intended that Landlord will have the rights, pursuant to this Lease, as would be reasonably necessary to result in the qualification of REOC Parent as a REOC. Without limiting the generality of the foregoing, notwithstanding any other provision of this Lease, without prejudice to the other rights provided to Landlord obligations under this Lease, Tenant agrees to: (ad) permit to clean or make repairs required of Landlord and REOC Parent to visit and inspect the Leased Property, to make such repairs as Landlord is permitted or required to make pursuant to under the terms of this Lease, (c) to make repairs to or alter areas adjoining the Premises, and inspect (f) to repair and copy service utility lines or other components of the books and records of Tenant, at such times as Landlord shall reasonably requestBuilding; provided, that any inspection or repair by however, Landlord and REOC Parent or their representatives will not unreasonably interfere shall use reasonable efforts to minimize interference with Tenant’s 's business. Landlord shall not be liable to Tenant for the exercise of Landlord's rights under this Article 20 and Tenant hereby waives any claims for damages for any injury, inconvenience or Manager’s use and operation interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Leased Property; (b) periodically (at least quarterly) provide Landlord and REOC Parent with information and reports regarding Tenant’s or Manager’s operation and management of the Leased Property and the performance of its duties under this Lease and with respect to renovations, alterations, general maintenance, repairsPremises, and development activities that Tenant has engaged in or intends any other loss occasioned thereby. Notwithstanding the foregoing, upon the occurrence of any Event of Default, Landlord shall be entitled to engage in with respect exhibit the Premises to the Leased Property and its surroundings; (c) periodically (at least quarterly) consult with Landlord and REOC Parent in advance with respect to any right retained under this Lease and with respect to Tenant’s operation and management of the Leased Property, as appropriate, and the performance of Tenant’s duties under this Lease including, without limitation, with respect to matters relating to renovations, alterations, general maintenance, repairs, and development activities with respect to the Leased Property and its surroundings; and (d) to provide Landlord and REOC Parent with such other rights as may reasonably be determined by Landlord to be necessary to enable REOC Parent to qualify as a REOC; provided, that such additional rights do not materially adversely affect (A) Tenant’s ability to perform its duties under this Lease or the economic benefits enjoyed by Tenant under this Lease or (B) the status of ESH Hospitality as a real estate investment trust under the Code. Tenant agrees to consider, in good faith, the recommendations of Landlord in connection with the matters on which it is consulted as described aboveprospective tenants.