Common use of ACCESS BY LANDLORD Clause in Contracts

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.

Appears in 3 contracts

Samples: Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease (Captiva Software Corp), Modified Gross Office Lease (Bakbone Software Inc)

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ACCESS BY LANDLORD. Landlord or Landlord's employees, agents, and any of Landlord’s Invitees contractors shall have the right to enter the Leased Premises at all reasonable timesany time to examine the same, during normal business hours if feasible under and, in the circumstanceslast eighteen (18) months of the Lease Term, to show the Leased Premises (other than floors 4, 5, 6 and 11) to prospective purchasers or tenants of the Building, and upon to make such repairs, alterations, improvements or additions to the Leased Premises and/or the Building as Landlord may deem necessary or desirable. Notwithstanding any provision of this Lease, Tenant may deny access to any part of the Leased Premises to any of its competitors at any time if providing such access to such portion of the Leased Premises may, in Tenant's reasonable judgment, compromise the confidential nature of Tenant's business operation. Other than in emergency situations or situations perceived to be an emergency, Landlord shall advise Tenant (which may be verbal) at least 24 hours’ notice, hours in advance if feasible under Landlord requires access to the circumstances, (i) to determine whether the Premises are in good condition and whether Leased Premises. If Tenant is complying with not personally present to permit entry and entry is necessary, Landlord may forcibly enter the same without rendering Landlord liable therefor. Landlord agrees not enter areas of the Leased Premises marked on EXHIBIT C as, or that Landlord and Tenant have agreed in writing are, "confidential areas" without Landlord being accompanied by a representative of Tenant, which Tenant agrees to make available, provided the requirement to be accompanied by a representative of Tenant does not and shall not prevent or hinder Landlord in the performance of its obligations under this Lease, (ii) . Nothing contained herein shall be construed to do impose upon Landlord any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months duty of repair of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Leased Premises or any portion building of which the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so Leased Premises are a part except as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as otherwise specifically provided in this Paragraph except damage resulting directly from Lease. This provision shall not have the grossly negligent acts or willful misconduct effect of Landlord requiring notice prior to Landlord's or Landlord’s Invitees. Tenant shall not be entitled to any abatement 's agent's entry for the performance of routine and customary janitorial or reduction of Basic Monthly Rent or other Rent because of maintenance services within the exercise by Landlord of any rights under this ParagraphLeased Premises.

Appears in 2 contracts

Samples: Eddie Bauer Holdings, Inc., Eddie Bauer Holdings, Inc.

ACCESS BY LANDLORD. Landlord and any of Landlord’s 's Invitees shall have ------------------ the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ hours notice, if feasible under except in the circumstancescase of an emergency, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post "for sale" or "for rent" or "for lease” signs during the final nine months of the Term" signs, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s 's rights under this Paragraph extend, with Landlord’s 's consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s 's agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s 's Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph. In the event of any entry by Landlord onto the Premises, Landlord shall use its commercially reasonable best efforts not to interfere with the conduct of Tenant's business.

Appears in 2 contracts

Samples: Copper Mountain Networks Inc, Copper Mountain Networks Inc

ACCESS BY LANDLORD. Landlord and any of Landlord’s 's Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s 's rights under this Paragraph extend, with Landlord’s 's consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s 's agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s 's Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.

Appears in 2 contracts

Samples: Office Lease Agreement (Evoke Pharma Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp)

ACCESS BY LANDLORD. Landlord and any of or Landlord’s Invitees agents shall have the right to enter the Premises at all reasonable timestimes and, during normal business except in the case of emergency, on not less than forty-eight (48) hours if feasible under prior notice to Tenant, to examine the circumstancessame and to show them to prospective purchasers of the building, and to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon 24 hours’ noticesaid Premises that may be required therefore, if feasible under without the circumstancessame constituting an eviction of Tenant in whole or in part and the Rent reserved shall in no way xxxxx while said repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the six (i6) month period prior to determine whether the Premises are in good condition and whether expiration of the term of this Lease or any renewal term, unless Tenant is complying with shall have exercised its obligations under then right to renew the term of this Lease, (ii) to do any necessary maintenance or make any restoration to Landlord may exhibit the Premises that Landlord has to prospective tenants or purchasers, and place upon the right or obligation to perform, (iii) to serve, post, or keep posted any premises the usual notices required or allowed under this Lease, (v) to post for saleTo Let” or “For Sale” which notices Tenant shall permit to remain thereon without molestation. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for rent” or “for lease” signs during the final nine months of the Termcare, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenantsmaintenance, or other persons interested in a listing of, financing, purchasing, or occupying the Project, repair of the Premises or any portion of the Project or the Premisespart thereof, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so except as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractorsotherwise herein specifically provided. Landlord shall not be liable for give Tenant reasonable notice during business hours prior to any inconvenienceentry. Landlord acknowledges that Tenant is a health care provider subject to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and in accordance therewith, disturbance, loss Tenant is required to maintain the privacy of business, nuisance, its patients. Landlord agrees to use commercially reasonable efforts to avoid contact with such confidential patient records or other damage arising out of any entry on information when access to the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord is permitted hereunder, and Landlord shall be accompanied by an agent or employee of any rights under Tenant when entering the Premises in accordance with the terms of this ParagraphLease.

Appears in 2 contracts

Samples: Lease (Radiation Therapy Services Inc), To Lease (Radiation Therapy Services Holdings, Inc.)

ACCESS BY LANDLORD. Landlord reserves, and any of Landlord’s Invitees Landlord (and its agents, contractors and employees) shall have at reasonable times have, the right to enter the Premises at all reasonable timesto inspect same, during normal business hours if feasible under the circumstancesto supply janitorial services and any other service to be provided by Landlord to Tenant hereunder, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokersany prospective purchaser, lendersbeneficiary, agentsmortgagee, prospective buyersor, during the last six (6) months of the term hereof to prospective tenants, and to make any alteration, improvement or other persons interested in a listing of, financing, purchasing, or occupying the Project, repair to the Premises or any portion of the Project Building, or Project, without abatement of rent, and Landlord may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and provided further that Landlord shall use reasonable efforts to minimize any interference with Tenant's use of and access to the Premises resulting from the foregoing. Tenant hereby waives any claim for damages or abatement of rent for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and (vii) any other loss occasioned thereby, except to shore the foundations, footings, and walls extent arising from the gross negligence or willful misconduct of Landlord. For each of the Projectaforesaid purposes, Landlord shall at all times have and retain a key with which to erect scaffolding and protective barricades around unlock all of the doors in, upon and about the Premises, but not so as to prevent entry to the Premisesexcluding Tenant's vaults and safes, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises or portions thereof obtained by Landlord by any such means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time, without prior notice same constituting an actual or constructive eviction and without incurring any liability to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consentTenant therefor, to change the owner arrangement and/or location of adjacent property on which excavation entrances or construction is to take place passageways, doors and the adjacent property owner’s agents, employees, officersdoorways, and contractors. corridors, elevators, stairs, toilets or other public parts of the Building, provided that Landlord shall not be liable for use reasonable efforts to minimize any inconvenience, disturbance, loss interference with Tenant's use of business, nuisance, or other damage arising out of any entry on and access to the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraphforegoing.

Appears in 2 contracts

Samples: Digital Island Inc, Digital Island Inc

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to agents or employees may enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ after reasonable notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (viv) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Termsigns, (viv) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenantstenants (during the last six months of the Term), or other persons interested in a listing of, financing, purchasing, or occupying the ProjectPremises, (vi) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or any portion potential contamination, including an environmental audit of the Project Premises (the costs of which will be borne by Tenant whenever (a) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Regulations, and (b) they follow an uncured default by Tenant under this Lease after the Premisesapplicable cure period), and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In in the event of an emergency Landlord shall have the right to may enter the Premises Premises, at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. , Landlord shall will not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall will not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent rent because of the exercise by Landlord of any rights under this Paragraphparagraph.

Appears in 1 contract

Samples: Lease Agreement (Phenomix CORP)

ACCESS BY LANDLORD. 18.1. Landlord reserves, and any of Landlord’s Invitees Landlord (and its agents, contractors and employees) shall have at reasonable times have, the right to enter the Premises at all reasonable timesto inspect same, during normal business hours if feasible under the circumstancesto supply janitorial services and any other service to be provided by Landlord to Tenant hereunder, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokersany prospective purchaser, lendersbeneficiary, agentsmortgagee, prospective buyersor, during the last six (6) months of the term hereof to prospective tenants, to post notices of non-responsibility, "for lease" signs, and to make any alteration, improvement or other persons interested in a listing of, financing, purchasing, or occupying the Project, repair to the Premises or any portion of the Project Building, without abatement of rent, and Landlord may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and provided further that Landlord shall use reasonable efforts to minimize any interference with Tenant's use of and access to the Premises resulting from the foregoing. Tenant hereby waives any claim for damages or abatement of rent for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and (vii) any other loss occasioned thereby, except to shore the foundations, footings, and walls extent arising from the gross negligence or willful misconduct of Landlord. For each of the Projectaforesaid purposes, Landlord shall at all times have and retain a key with which to erect scaffolding and protective barricades around unlock all of the doors in, upon and about the Premises, but not so as to prevent entry to the Premisesexcluding Tenant's vaults and sales, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means which Landlord may deem necessary or proper to open said doors in any emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises or portions thereof obtained by Landlord by any such means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. If Tenant at any time during the term of this Lease determines to re-key its Premises, Tenant shall do so only with locks and hardware supplied by Landlord. All such re-keying shall be at Tenant's sole cost and expense. Landlord shall also have the right at any time, without prior notice same constituting an actual or constructive eviction and without incurring any liability to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consentTenant therefor, to change the owner arrangement and/or location of adjacent property on which excavation entrances or construction is to take place passageways, doors and the adjacent property owner’s agents, employees, officersdoorways, and contractors. corridors, elevators, stairs, toilets or other public parts of the Building or common areas of the Project, provided that Landlord shall not be liable for use reasonable efforts to minimize any inconvenience, disturbance, loss interference with Tenant's use of business, nuisance, or other damage arising out of any entry on and access to the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraphforegoing.

Appears in 1 contract

Samples: Lease (American Pharmaceutical Partners Inc /Ca/)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to agents or employees may enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ after reasonable notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (viv) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Termsigns, (viv) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenantstenants (during the last six months of the Term), or other persons interested in a listing of, financing, purchasing, or occupying the ProjectPremises, (vi) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or any portion potential contamination, including an environmental audit of the Project Premises (the costs of which will be borne by Tenant whenever (a) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Regulations, and (b) they follow an uncured default by Tenant under this Lease after the Premisesapplicable cure period), and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to may enter the Premises Premises, at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. , Landlord shall will not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall will not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent rent because of the exercise by Landlord of any rights under this Paragraphparagraph.

Appears in 1 contract

Samples: Sublease Agreement (Anadys Pharmaceuticals Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees 's Representatives shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ reasonable notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and Good Condition or whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (viv) to post "for sale” or “for rent” or “for lease” " signs and, during the final nine months year of the Term, "for rent", or "for lease" signs, (viv) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (viivi) to shore the foundations, footings, and walls of the Project, Real Property and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, Premises and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s 's rights under this Paragraph extend, paragraph extend with Landlord’s consent, 's consent to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s 's agents, employees, officers, officers and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees's Representatives. Tenant shall not be entitled to any abatement or reduction of Basic Base Monthly Rent or other Rent Rental because of the exercise by Landlord of any rights under this Paragraphparagraph unless such exercise by Landlord prevents Tenant from reasonable access to and use of the Premises.

Appears in 1 contract

Samples: Lease (Paramark Enterprises Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstanceshours, and upon 24 hours’ notice, if feasible under reasonable notice (except in case of emergency) and using commercially reasonable efforts to minimize interference with Txxxxx’s ability to conduct business from the circumstancesPremises, (ia) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (iib) to do perform any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, and to perform any other repairs or maintenance which are required, in Lxxxxxxx’s opinion, to avoid damage to persons or property, (iiic) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vid) to show the Premises to prospective buyers of the Building and their agents and brokers, lendersor to lenders financing or refinancing the Building or any portion thereof, agents(e) during the final year of the Lease Term, prospective buyers, to show the Premises to prospective tenants, or other persons interested in a listing ofand their agents and brokers, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (viif) to shore perform maintenance or repairs to the foundationsBuilding, footings, and walls of the Project, and (g) to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent or materially impede entry to the Premises, Premises and (h) to do perform any other act or thing necessary for the safety or preservation of the Premises if or the Building. Notwithstanding anything to the contrary contained in this Lease, any excavation or other construction is undertaken or is about work to be undertaken on performed by Landlord in and to the Building or any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any timeportion thereof (including, without prior notice limitation, the Premises) pursuant to Tenant. Landlordthis Section 31 shall be performed by Landlord in a commercially reasonable manner so as to minimize interference with Txxxxx’s rights under this Paragraph extend, with Landlord’s consent, to conduct of business in and beneficial use and enjoyment of the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractorsPremises. Landlord shall will not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph Section except damage resulting solely and directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall will not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this ParagraphSection. In addition, a Maintaining Party under the Declaration shall have the rights of Landlord under this Section subject to Landlord ensuring that such Maintaining Party complies with any and all applicable restrictions on the exercise of such rights set forth in this Section 31.

Appears in 1 contract

Samples: Lease Agreement (SKYX Platforms Corp.)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to agents or employees may enter the Premises at all reasonable times, with 24 hour notice during normal business hours if feasible under the circumstancescircumstances (except no notice is required in case of emergencies), subject to Tenant’s reasonable safety and upon 24 hours’ notice, if feasible under the circumstancessecurity requirements, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or or, during the final year of the Term for any portion of the Premises, “for lease” signs during the final nine months of the Termsigns, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to may enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall will not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph paragraph except damage resulting directly from to the grossly negligent acts or willful misconduct extent of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this ParagraphRetained Liability (as defined in Article 24 below).

Appears in 1 contract

Samples: Lease Agreement (Nuvasive Inc)

ACCESS BY LANDLORD. Landlord shall retain duplicate keys to all of the doors of the Premises, and Tenant shall install no lock on any of Landlord’s Invitees the doors of the Premises without giving Landlord a key therefor. Landlord or its agents shall have access to the Premises upon prior notice to Tenant during Normal Business Hours, except in cases of emergency (when immediate access is necessary, Landlord will notify Tenant by the next business day after such access) in order to inspect, clean and make necessary or reasonable repairs to the Premises or the Building. During the final twelve (12) months of the Term, upon prior notice, or at such times as Tenant is in default of the terms of this Lease Agreement, Landlord shall have the right to enter show the Premises at all reasonable timestimes to prospective tenants, but Landlord shall endeavor to reduce disturbance to Tenant during normal business hours if feasible under Normal Business Hours. Throughout the circumstancesTerm, and upon 24 hours’ prior notice, if feasible under or at such times as Tenant is in default of the circumstancesterms of this Lease Agreement, Landlord shall have the right to show the Premises at reasonable times to Landlord’s current and prospective lenders or mortgagees and prospective purchasers of the Property or portions thereof. Notwithstanding any provision of this Lease to the contrary, Landlord acknowledges that Tenant handles confidential or sensitive information for itself and its clients and as such, (i) Landlord shall use commercially reasonable efforts to determine whether keep such information strictly confidential, and shall (a) cause all of its officers and employees to keep such information strictly confidential, and (b) not permit any of its agents, representatives, contractors, prospective purchasers, lenders and tenants to access the Premises are in good condition and whether Tenant is complying with its obligations under this LeasePremises, (ii) to do any necessary maintenance or make any restoration unless such party has executed a confidentiality agreement substantially similar to the Premises that Landlord has the right terms of this Article 22 with respect to any and all information viewed or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or otherwise observed within the Premises, and (viiii) to shore the foundations, footings, provided no Event of Default exists and walls of the Project, and to erect scaffolding and protective barricades around and about Tenant is then occupying the Premises, but Tenant shall have the opportunity to provide a representative of Tenant to accompany any such entry; however, Tenant’s failure to provide a representative shall not so preclude Landlord from entering the Premises. Notwithstanding anything to the contrary in this Article 22, Landlord shall not (except as expressly provided herein) itself or through its employees, officers, or contractors, and Landlord’s prospective purchasers, lenders and tenants shall not, have the right to prevent entry to access any closed drawers, closed cabinets, safes or vaults within the Premises or any “secured areas” within the Premises, which are designated by Tenant as provided herein. Except in cases of real or apparent emergency, in which case no approval shall be required, none of Landlord, its employees, officers, or contractors, and none of Landlord’s prospective purchasers, lenders or tenants shall be entitled to do inspect or access any other act closed drawers, closed cabinets, safes or thing necessary for the safety or preservation of vaults within the Premises if or any excavation or other construction is undertaken or is about secured areas within the Premises, without Tenant’s prior written approval (not to be undertaken unreasonably withheld, or conditioned) and all such parties shall abide by any reasonable rules, regulations and procedures as Tenant may have from time to time notified Landlord in advance that are applicable with respect to any such entry, including reasonable limitations as to time of entry and controls by Tenant with respect to the conduct of such entry. For any area other than a vault, safe or closed drawer or cabinet to be considered a secured area, Tenant shall clearly label and install conspicuous signage on such area clearly designating such area as being a secure area. To the extent that Landlord or its employees, officers or contractors are prevented from entering any adjacent property such secure areas, vaults, safes, drawers or nearby streetcabinets, Landlord shall have no obligation to provide services to such areas, including janitorial services. In the event of an emergency emergency, Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled may acquire access to any abatement secure Office Lease Page 32 areas, cabinets, drawers, vaults or reduction of Basic Monthly Rent or other Rent because safes by any means necessary, including the immediate destruction of the exercise by Landlord of any rights under this Paragraphlocks and/or doors.

Appears in 1 contract

Samples: Office Lease (Ncino, Inc.)

ACCESS BY LANDLORD. Landlord and any of Tenant shall permit Landlord, Landlord’s Invitees agents and public utilities servicing the Building to erect, use, maintain and replace, concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord’s agents and/or affiliates, and the holder of any Mortgage shall each have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, times on prior notice to Tenant to (i) examine the same, (ii) to determine whether show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such decorations, repairs, replacements, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises are in good condition or to any other portion of the Building or which Landlord may elect to perform following Tenant’s failure (after all notice and whether cure periods) to make repairs or perform any work which Tenant is complying with its obligations obligated to perform under this Lease, (iiiv) to do any necessary maintenance for the purpose of complying with laws, regulations or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, other requirements of government authorities and (v) to post perform for saleRemedial Workor “for rent” or “for lease” signs (as defined in Article 40 hereof) after the failure of Tenant to perform the same (after all notice and cure periods) in accordance with the terms of this Lease. Landlord shall be allowed, during the final nine progress of any work in and about the Premises, to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, replacements, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. If, during the last twelve (12) months of the Term, (vi) to show the Premises to brokersTenant shall have removed all or substantially all of Tenant’s property therefrom, lendersLandlord may immediately enter and alter, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or renovate and redecorate the Premises, and (vii) without elimination or abatement of Rent, or incurring liability to shore the foundations, footingsTenant for any compensation, and walls of the Project, such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to erect scaffolding open and protective barricades around and about permit an entry into the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable when for any inconveniencereason an entry therein shall be necessary or permissible, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Inviteesagents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Tenant Landlord at all times shall not use reasonable efforts to protect the Premises and Tenant’s property therein when Landlord or its agents, representatives or contractors are in the Premises. Nothing herein contained, however, shall be entitled deemed or construed to impose upon Landlord any abatement obligation, responsibility or reduction of Basic Monthly Rent liability whatsoever, for the care, supervision or other Rent because repair of the exercise by Landlord of Building or any rights under this Paragraphpart thereof, other than as herein provided.

Appears in 1 contract

Samples: Agreement of Lease (Yodle Inc)

ACCESS BY LANDLORD. Upon reasonable notice (except in the case of an emergency in which case no notice is required) Landlord and any of Landlord’s Invitees shall have the right to enter the Premises may at all reasonable times, times during normal business hours if feasible under the circumstances, term of this Lease enter to inspect the Demised Premises and/or may show the Demised Premises and upon 24 hours’ notice, if feasible under building to others. At any time within one (1) year immediately preceding the circumstances, (i) to determine whether expiration of the Premises are in good condition and whether Tenant is complying with its obligations under term of this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to display on the exterior of the Demised Premises (but not so as to unreasonably obstruct the view thereof or access thereto) the customary "For Rent" sign and during such period Landlord may show the premises and all parts thereof to prospective tenants between the hours of 9:00 a.m. and 9:00 p.m. on any day except Sunday and any legal or religious holiday on which Tenant shall not be open for business. Landlord also reserves the right after reasonable (being not less than twenty-four (24) hours) notice of intention to so enter (except that in the event of an emergency, no notice shall be required) to enter the Premises premises at any timetime and from time to time to make such repairs, without prior notice additions or alterations as it may deem necessary for the safety, improvement or preservation thereof, or of the building in which the Demised Premises is contained, but Landlord assumes no obligation to Tenant. Landlord’s rights under this Paragraph extenddo so, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractorsperformances thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord shall not in no event be liable for any inconvenience, disturbancedisturbances, loss of business, nuisance, business or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. to Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because by reason of the exercise performance by Landlord of any rights work in, upon, above or under the Demised Premises. If tenant shall have vacated or deserted the Demised Premises or, in the event of an emergency, or if in any other instance after Landlord has given notice of Landlord's intention to enter, Tenant or Tenant's employees shall not be personally present to permit an entry into the Demised Premises, then in any such event, Landlord or its agents or employees may enter the same by the use of force or otherwise without rendering Landlord liable therefor, and without in any manner affecting Tenant's obligations under this ParagraphLease. The exercise of any such reserved right by Landlord shall not be deemed an eviction or disturbance of Tenant's use and possession of the Premises and shall not render Landlord liable in any manner to Tenant or to any other person except Landlord shall be responsible for damage caused as a result of Landlord's entry through use of force, nor shall the same constitute any grounds for an abatement of any rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Penn National Gaming Inc)

ACCESS BY LANDLORD. Landlord reserves, and any of Landlord’s Invitees Landlord (and its agents, contractors and employees) shall have at reasonable times have, the right to enter the Premises at all reasonable timesto inspect same, during normal business hours if feasible under the circumstancesto supply janitor service and any other service to be provided by Landlord to Tenant hereunder, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokersany prospective purchaser, lendersbeneficiary, agentsmortgagee or tenant, prospective buyersto post notices of nonresponsibility, prospective tenantsand to make any alteration, improvement or other persons interested in a listing of, financing, purchasing, or occupying the Project, repair to the Premises or any portion of the Project Building, without abatement of rent, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Except in the case of Landlord's negligence or willful misconduct, Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and (vii) to shore the foundations, footings, and walls any other loss occasioned thereby. For each of the Projectaforesaid purposes, Landlord shall at all times have and retain a key with which to erect scaffolding and protective barricades around unlock all of the doors in, upon and about the Premises, but not so as to prevent entry to the Premisesexcluding Tenant's vaults and safes, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises or portions thereof obtained by Landlord by any of such means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. With the Tenant's consent not to be unreasonably withheld, conditioned or delayed, Landlord shall also have the right at any time, without prior notice same constituting an actual or constructive eviction and without incurring any liability to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consentTenant therefor, to change the owner arrangement and/or location of adjacent property on which excavation entrances or construction is to take place passageways, doors and the adjacent property owner’s agents, employees, officersdoorways, and contractors. Landlord shall not be liable for any inconveniencecorridors, disturbanceelevators, loss of businessstairs, nuisance, toilets or other damage arising out public parts of any entry on the Building, provided that such changes do not unreasonably interfere with the suitability of the Premises for Tenant's use as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this ParagraphSection 5 above.

Appears in 1 contract

Samples: Improvement Work Agreement (Private Business Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord, Landlord’s Invitees agents and employees shall have the right to enter upon any and all parts of the Premises Tenant Space at all any reasonable times, during normal business hours if feasible under time upon prior reasonable oral or written notice (except in the case of an emergency when as much prior notice as Landlord in good faith determines is practicable given the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to examine the condition thereof, to clean, to make any repairs, alterations or additions required to be made by Landlord hereunder, to show the Tenant Space to prospective purchasers or tenants or mortgage lenders (prospective or current), to determine whether the Premises are in good condition and whether Tenant is complying with all of its obligations under this Lease, (ii) to do exercise any necessary maintenance of Landlord’s rights or make remedies hereunder, to perform its obligations under Retained MMR Leases, and for any restoration other purpose deemed reasonable by Landlord. In connection with Landlord’s rights hereunder, Landlord shall at all times have and retain a key with which to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months unlock all of the Termdoors in, (vi) to show on or about the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the PremisesTenant Space, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises at Tenant Space. Tenant hereby waives any time, without prior notice claim for damages for any injury to Tenant. Landlord’s rights under this Paragraph extendbusiness or inconvenience to, with Landlordor interference with, Tenant’s consentbusiness, to any loss of occupancy or quiet enjoyment of the owner of adjacent property on which excavation Tenant Space or construction is to take place and the adjacent property owner’s agents, employees, officersany other loss occasioned by such entry, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent by reason thereof, and no such entry to the Tenant Space shall be deemed or other Rent because construed to be a forcible or unlawful entry into or a detainer of the exercise Tenant Space or an eviction, actual or constructive, of Tenant from any part of the Tenant Space. Notwithstanding anything herein to the contrary, except for emergencies, Landlord shall use reasonable efforts to minimize disruption of Tenant’s business or occupancy during such entries. Notwithstanding anything in Sections 17.16 and 17.17, any rules or regulations promulgated by Landlord or any maintenance schedule relative to Landlord’s access to the Tenant Space to the contrary, Landlord agrees that (except in the case of any rights an emergency) Landlord’s access to the Premises shall be subject to Landlord’s compliance with reasonable procedures required by Tenant, provided that (i) Landlord has received reasonable prior written notice of such procedures, (ii) such procedures do not interfere with Landlord’s ability to perform Landlord’s obligations under this ParagraphLease or any other lease demising premises in the Building, and (iii) Tenant reimburses Landlord for the additional costs Landlord incurs in complying with such procedures within thirty (30) days following Landlord’s written demand therefor. Notwithstanding anything herein to the contrary, except for emergencies, Landlord shall use reasonable efforts to minimize disruption of Tenant’s business or occupancy during such entries.

Appears in 1 contract

Samples: Operating Agreement (Telx Group, Inc.)

ACCESS BY LANDLORD. Landlord and any of Landlord’s 's Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under hours, except in the circumstancesevent of an emergency, upon reasonable notice and upon 24 hours’ noticesubject to Tenant's security requirements, if to the extent feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform; provided, however, if such maintenance and/or restoration to the Premises is not of an emergency-type nature, Landlord's access under this clause (ii) shall be limited to non-business hours, unless Tenant otherwise consents in writing, which consent will not unreasonably be withheld or delayed, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (viiiv) to shore the foundations, footings, and walls of the ProjectPremises, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s 's rights under this Paragraph extend, with Landlord’s 's consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s 's agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees's Invitees and any other acts of Landlord and Landlord's Invitees which are not covered by Tenant's insurance policies. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent Rental because of the exercise by Landlord of any rights under this Paragraph, except to the extent resulting from the grossly negligent acts of Landlord or Landlord's Invitees and to the extent Landlord's or Landlord's Invitees actions are not covered by Tenant's business interruption insurance.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Neurocrine Biosciences Inc)

ACCESS BY LANDLORD. Landlord Tenant shall permit Landlord, Landlord's agents and public utilities servicing the Building to erect, use, maintain and replace, concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord's agents and/or affiliates, and the holder of any of Landlord’s Invitees Mortgage shall each have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, times to (i) examine the same, (ii) to determine whether show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such repairs, replacements, alterations, improvements or additions as Landlord may deem necessary to the Premises are in good condition and whether or deem necessary or desirable to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is complying with its obligations obligated to perform under this Lease, (iiiv) to do any necessary maintenance for the purpose of complying with laws, regulations or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, other requirements of government authorities and (v) to post “for sale” or “for rent” or “for lease” signs perform "Remedial Work" (as defined in Article 40 hereof) after the failure of Tenant to perform the same in accordance with the terms of this Lease. Landlord shall be allowed, during the final nine progress of any work in and about the Premises, to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, replacements, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Except in the event of an emergency or where such entry is required by law, but subject in any event to the provisions of the last sentence of this subsection A. Landlord's right of entry shall be exercised following reasonable advance notice to Tenant, which notice may be telephonic (provided Landlord agrees to give Tenant advance written notice of any planned repairs or alterations). Landlord agrees that while exercising such right of entry or making such repairs, replacements or improvements, other than repairs, replacements or improvements performed by Landlord as a result of a default by Tenant in the observance or performance of its obligations hereunder, Landlord shall use reasonable efforts to avoid interfering with Tenant's business or disrupting the same, provided that Landlord shall in no event be obligated to employ labor at overtime or premium rates. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof at all reasonable times on business days (or at other times with Tenant's prior consent, which consent shall not be unreasonably withheld, delayed or conditioned) and upon reasonable prior notice (which notice may be telephonic), which entry shall be done in a manner intended to avoid unreasonable interference with Tenant's business operations. If, during the last twelve (12) months of the Term, (vi) to show the Premises to brokersTenant shall have removed all or substantially all of Tenant's property therefrom, lendersLandlord may immediately enter and alter, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or renovate and redecorate the Premises, and (vii) without elimination or abatement of Rent, or incurring liability to shore the foundations, footingsTenant for any compensation, and walls of the Project, such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to erect scaffolding open and protective barricades around and about permit an entry into the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable when for any inconveniencereason an entry therein shall be necessary by reason of an emergency, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Notwithstanding any provision herein regarding Landlord's access to the Premises to the contrary, the parties hereto acknowledge that due to Tenant's particular security needs, whenever access to the Premises is required by Landlord, prior notice must be given to Tenant and no such access shall be permitted unless during such access Landlord shall be escorted by Tenant or Tenant's designated security guard service. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord shall, upon receipt of any rights under this Paragraphsuch notice, make an escort available to Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Lazare Kaplan International Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord, Landlord’s Invitees agents and employees shall have the right to enter any and all parts of the Premises at all any reasonable times, during normal business hours if feasible under time upon prior reasonable written notice (except in the circumstancescase of an Emergency when no prior notice shall be required, and except as otherwise expressly set forth below) to examine the condition thereof, to clean, to make any repairs, alterations or additions required to be made by Landlord hereunder, to show the Premises to prospective purchasers or prospective or current mortgage lenders (in either case only upon 24 48 hours’ prior oral or written notice), if feasible under to show the circumstancesPremises to prospective tenants (only during the last nine (9) months of the Term, (i) and only upon 48 hours’ prior oral or written notice), to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under the terms of this Lease, (ii) and/or to do exercise any necessary maintenance of Landlord’s rights or make remedies hereunder; provided, notwithstanding the foregoing, except in cases of Emergencies, neither Landlord nor any restoration to of Landlord’s agents and employees shall enter the Premises Powered Shells or the server control room in the Operational Space unless accompanied by Tenant or a representative of Tenant. In connection with Landlord’s rights hereunder, Tenant agrees that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months shall at all times have and retain a key that will unlock all of the Termdoors in, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, on or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises; and, but not so as to prevent entry to in the Premisesabsence of such a key, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In in the event of an emergency Emergency, Landlord shall have the right to use any reasonable means to open such doors to obtain entry to the Premises. In no event shall Landlord or any of Landlord’s agents and employees use such key to enter the Premises at any time, without prior notice to TenantPowered Shells or the server control room in the Operational Space except in the event of an Emergency. Landlord’s rights under this Paragraph extend, with Landlord’s consent, Notwithstanding anything herein to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agentscontrary, employees, officers, and contractors. Landlord shall not be liable for any inconvenienceuse reasonable efforts to minimize disruption of Tenant’s business or occupancy during such entries. Notwithstanding anything in this Section 17.16 to the contrary, disturbanceEPC Contractor shall have full, loss of business, nuisance, or other damage arising out of any entry on prompt access to the Premises as provided needed to complete work in this Paragraph except damage resulting directly from timely fashion pursuant to the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of EPC Agreement, so long as EPC Contractor complies with the exercise by Landlord of any rights under this Paragraphrequirements set forth on Exhibit “P” attached hereto.

Appears in 1 contract

Samples: Datacenter Lease (Rhodium Enterprises, Inc.)

ACCESS BY LANDLORD. Landlord and any of Landlord, Landlord’s Invitees agents and employees shall have the right to enter upon any and all parts of the Premises Tenant Space at all any reasonable times, during normal business hours if feasible under time upon prior reasonable written notice accompanied by a Tenant representative (except in the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (icase of an emergency when no prior notice or accompaniment shall be required) to examine the condition thereof, to clean, to make any repairs, alterations or additions required to be made by Landlord hereunder, to show the Tenant Space to prospective purchasers or tenants or mortgage lenders (prospective or current), to determine whether the Premises are in good condition and whether Tenant is complying with all of its obligations under this Lease, (ii) to do exercise any necessary maintenance of Landlord’s rights or make remedies hereunder and for any restoration other purpose deemed reasonable by Landlord. In connection with Landlord’s rights hereunder, Landlord shall at all times have and retain a key with which to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months unlock all of the Termdoors in, (vi) to show on or about the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the PremisesTenant Space, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises at Tenant Space. Tenant hereby waives any time, without prior notice claim for damages for any injury to Tenant. Landlord’s rights under this Paragraph extendbusiness or inconvenience to, with Landlordor interference with, Tenant’s consentbusiness, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of businessoccupancy or quiet enjoyment of the Tenant Space or any other loss occasioned by such entry, nuisanceand, or other damage arising out of any entry on the Premises as provided except with regard to a Casualty occurring during such access (in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. which event such Casualty shall be governed by Article 9 hereof) Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent by reason thereof, and no such entry to the Tenant Space shall be deemed or other Rent because construed to be a forcible or unlawful entry into or a detainer of the exercise by Tenant Space or an eviction, actual or constructive, of Tenant from any part of the Tenant Space; provided, however, that the foregoing waiver shall not apply with regard to bodily injury or physical damage to Tenant’s Personal Property or Alterations that occurs during any such entry, which is the direct result of the negligence of Landlord, or any member of the Landlord Group. Notwithstanding anything herein to the contrary, Landlord shall use reasonable efforts to minimize disruption of any rights under this ParagraphTenant’s business or occupancy during such entries.

Appears in 1 contract

Samples: Datacenter Lease (SAVVIS, Inc.)

ACCESS BY LANDLORD. Subject to the terms and provisions of Article 7 of this Lease and this Section 17.16, Landlord and any of Landlord’s Invitees 's agents and employees shall have the right to enter upon any and all parts of the Premises Tenant Space: (a) at all any reasonable times, during normal business hours if feasible under time upon prior reasonable written notice* (except in the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, case of an emergency when no prior notice shall be required) to: (i) examine the condition thereof; (ii) make any repairs, alterations or additions required to be made by Landlord hereunder; (iii) determine whether the Premises are in good condition and whether Tenant is complying with all of its obligations under this Lease, ; and/or (iiiv) to do exercise any necessary maintenance of Landlord's rights or make any restoration to the Premises that Landlord has the right or obligation to perform, remedies expressly provided for hereunder; and/or (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vib) to show the Premises Tenant Space, only upon 48 hours' prior written notice, to: (i) prospective or current mortgage lenders of the Building, provided that any such prospective or current mortgage lender: (A) executes and delivers to brokersTenant a mutually acceptable, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or reasonable confidentiality/nondisclosure agreement prior to entering upon any portion of the Project or the Premises, Tenant Space; and (viiB) to shore the foundations, footings, and walls shall be prohibited from taking any photos or video of any portion of the ProjectTenant Space, including without limitation any portion of Tenant's Personal Property and/or the Infrastructure; or (ii) prospective purchasers of the Building, provided that: (A) any such prospective purchaser: (I) executes and delivers to erect scaffolding Tenant a mutually acceptable, reasonable confidentiality/nondisclosure agreement prior to entering upon any portion of the Tenant Space; and protective barricades around (II) shall be prohibited from taking any photos or video of any portion of the Tenant Space, including without limitation any portion of Tenant's Personal Property and/or the Infrastructure; and about the Premises, but not so as to prevent entry (B) notwithstanding anything to the Premisescontrary contained herein, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord Tenant shall have the right to enter prohibit any prospective purchaser that is a competitor of Tenant from entering upon any portion of the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extendTenant Space, with the determination as to which prospective purchasers qualify as competitors of Tenant to be made by Tenant in Tenant's reasonable discretion. For avoidance of doubt, Landlord and Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place 's agents and the adjacent property owner’s agents, employees, officers, and contractors. Landlord employees shall not be liable for permitted at any inconveniencetime during the Term of this Lease to enter upon any portion of the Tenant Space to show the Tenant Space to prospective tenants, disturbanceoccupants and/or licensees of the Building and/or any other building owned, loss operated, managed and/or leased by Landlord and/or any member of businessthe Landlord Group. In connection with Landlord's rights hereunder, nuisanceTenant agrees that Landlord shall at all times have and retain a key that will unlock all of the doors in, on or about the Tenant Space; and, in the absence of such a key, Landlord shall, in the event of emergency, have the right to use any reasonable means to open such doors to obtain entry to the Tenant Space. Notwithstanding anything herein to the contrary, in connection with any such entry, Landlord shall diligently endeavor to: (x) minimize the disruption to Tenant's use of the Tenant Space, and, in all events, shall not materially interfere with Tenant's use of, or other damage arising out access to, the Tenant Space for the Permitted Use; and (y) conduct such entry only during normal working hours (except in the event of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Inviteesan emergency). Tenant shall be permitted the opportunity to cause a representative of Tenant to accompany Landlord during any such entry (except in the case of emergency), provided that such representative of Tenant does not unreasonably interfere with or delay Landlord exercising its rights or satisfying its obligations hereunder. * The parties agree that such written notice (related to items (a)(i)-(iv)) need only be delivered by e-mail to Tenant's emergency e-mail notice address (i.e., xxx0xxxxxxxxxxxxx@xxxxx.xxxxxxxxx.xxx), and need not be entitled to followed up by a confirming copy by any abatement or reduction other method of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraphdelivery.

Appears in 1 contract

Samples: Datacenter Lease (Rackspace Hosting, Inc.)

ACCESS BY LANDLORD. Landlord and any of Landlord, Landlord’s Invitees agents and employees shall have the right to enter upon any and all parts of the Premises Tenant Space at all any reasonable times, during normal business hours if feasible under time upon prior reasonable oral or written notice (except in the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (icase of an emergency when no prior notice shall be required) to examine the condition thereof, to clean, to make any repairs, alterations or additions required to be made by Landlord hereunder, to show the Tenant Space to prospective purchasers or tenants or mortgage lenders (prospective or current), to determine whether the Premises are in good condition and whether Tenant is complying with all of its obligations under this Lease, (ii) to do exercise any necessary maintenance of Landlord’s rights or make remedies hereunder and for any restoration reasonable purpose. In connection with Landlord’s rights hereunder, Landlord shall at all times have and retain a key with which to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months unlock all of the Termdoors in, (vi) to show on or about the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the PremisesTenant Space, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises at Tenant Space. Tenant hereby waives any time, without prior notice claim for damages for any injury to Tenant. Landlord’s rights under this Paragraph extendbusiness or inconvenience to, with Landlordor interference with, Tenant’s consentbusiness, to any loss of occupancy or quiet enjoyment of the owner of adjacent property on which excavation Tenant Space or construction is to take place and the adjacent property owner’s agents, employees, officersany other loss occasioned by such entry, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent by reason thereof, and no such entry to the Tenant Space shall be deemed or other Rent because construed to be a forcible or unlawful entry into or a detainer of the exercise Tenant Space or an eviction, actual or constructive, of Tenant from any part of the Tenant Space. Notwithstanding anything in Sections 17.16 and 17.17, any rules or regulations promulgated by Landlord or any maintenance schedule relative to Landlord’s access to the Tenant Space to the contrary, Landlord agrees that (except in the case of an emergency) Landlord’s access to the Premises shall be subject to Landlord’s compliance with the procedures required by Tenant (“Tenant’s Security Procedures”), provided that (i) Landlord has received notice of Tenant’s Security Procedures and any rights changes thereof, and (ii) Tenant’s Security Procedures (as amended from time to time by Tenant) do not unreasonably interfere with Landlord’s ability to perform, or increase the cost to Landlord to perform, Landlord’s obligations under this ParagraphLease or any other lease demising premises in the Building. Tenant shall deliver written notice of the changes to Tenant’s Security Procedures to Landlord at Landlord’s address for notices as provided herein. Notwithstanding anything herein to the contrary, except for emergencies, Landlord shall use reasonable efforts to minimize disruption of Tenant’s business or occupancy during such entries.

Appears in 1 contract

Samples: Turn Key Datacenter Lease (Danger Inc)

ACCESS BY LANDLORD. Landlord Tenant shall permit Landlord, Landlord's agents and public utilities servicing the Building to erect, use, maintain and replace, concealed ducts, pipes and conduits in and through the Premises. To the extent reasonably practicable, any pipes, ducts or conduits installed in or through the Premises pursuant to this Article 14 shall be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises. Landlord, Landlord's agents and/or affiliates, and the holder of Landlord’s Invitees any Mortgage shall each have the right to enter the Premises at all reasonable timestimes upon reasonable prior notice (other than in event of an emergency), during normal business hours if feasible under the circumstanceswhich notice may be oral or by telephone and accompanied by a representative of Tenant at Tenant's request, and upon 24 hours’ notice, if feasible under the circumstances, to (i) examine the same, (ii) to determine whether show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such repairs, replacements, alterations, improvements or additions as Landlord may deem necessary to the Premises are in good condition and whether or to make such decorations, repairs, replacements, alterations, improvements or additions as Landlord may deem necessary or desirable to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is complying with its obligations obligated to perform under this Lease, (iiiv) to do any necessary maintenance for the purpose of complying with laws, regulations or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months other requirements of the Term, government authorities and (vi) to show perform "Remedial Work" (as defined in Article 40 hereof) after the Premises failure of Tenant to brokersperform the same in accordance with the terms of this Lease. Landlord shall be allowed, lenders, agents, prospective buyers, prospective tenants, or other persons interested during the progress of any work in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to take all necessary material and equipment into and upon the Premises, Premises and to do any other act or thing necessary for the safety or preservation of temporarily store them within the Premises if without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in no wise axxxx while any excavation decorations, repairs, replacements, alterations, improvements or other construction is undertaken additions are being made, by reason of loss or is about to be undertaken on any adjacent property interruption of business of Tenant, or nearby streetotherwise. In Except in the event of an emergency or where such entry is required by law, Landlord's right of entry shall be exercised following reasonable advance notice to Tenant, which notice may be telephonic. Landlord agrees that while exercising such right of entry or making such repairs, replacements or improvements, other than repairs, replacements or improvements performed by Landlord as a result of a default by Tenant in the observance or performance of its obligations hereunder, Landlord shall have use reasonable efforts to avoid interfering with Tenant's business or disrupting the right same, provided that Landlord shall in no event be obligated to enter employ labor at overtime or premium rates. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof at all reasonable times on business days (or at other times with Tenant's prior consent, which consent shall not be unreasonably withheld, delayed or conditioned), which entry shall be done in a manner intended to avoid unreasonable interference with Tenant's business operations. If, during the last month of the Term, Tenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may immediately enter and alter, renovate and redecorate the Premises, without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable when for any inconveniencereason an entry therein shall be permissible, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees's agents may enter the same by a master key, or in an emergency only may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Tenant Nothing herein contained, however, shall not be entitled deemed or construed to impose upon Landlord any abatement obligation, responsibility or reduction of Basic Monthly Rent liability whatsoever, for the care, supervision or other Rent because repair of the exercise Building or any part thereof, other than as herein provided. Any entry upon the Premises by Landlord or its agents pursuant to this Article 14 shall be effected in a manner intended to minimize interference with the conduct of Tenant's business in the Premises (without any rights under this Paragraphrequirement that Landlord utilize overtime or premium-pay labor unless Tenant pays for such overtime or premium-pay costs in advance).

Appears in 1 contract

Samples: Agreement (Marvel Enterprises Inc)

ACCESS BY LANDLORD. Landlord and any of or Landlord’s Invitees 's agents shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under times to examine the circumstancessame and to show them to prospective purchasers of the building, and to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon 24 hours’ noticesaid premises that may be required therefor, if feasible under without the circumstancessame constituting an eviction of Tenant in whole or in part and the Rent reserved shall in no way xxxxx while said repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the six (i6) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration month period prior to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months expiration of the Termterm of this Lease or any renewal term, (vi) to show Landlord may exhibit the Premises to brokersprospective tenants or purchasers, lendersand place upon the premises the usual notices "To Let" or "For Sale" which notices Tenant shall permit to remain thereon without molestation. Nothing herein contained, agentshowever, prospective buyersshall be deemed or construed to impose upon Landlord any obligation, prospective tenantsresponsibility or liability whatsoever, for the care, maintenance, or other persons interested in a listing of, financing, purchasing, or occupying the Project, repair of the Premises or any portion part thereof, except as otherwise herein specifically provided. Landlord to give Tenant reasonable notice during business hours prior to any entry. QUIET ENJOYMENT Landlord's Covenant. Upon payment by the Tenant of the Project or the Premisesrents and other charges herein provided, and (vii) upon the observance and performance of all the covenants, terms and conditions on Tenant's part to shore be observed and performed, Tenant shall peaceably and quietly hold and enjoy the foundations, footings, and walls of Leased Premises for the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do term hereby demised without hindrance or interruption by Landlord or any other act person or thing necessary for persons lawfully or equitably claiming by, through or under the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any timeLandlord, without prior notice to Tenant. Landlord’s rights under this Paragraph extendsubject, with Landlord’s consentnevertheless, to the owner terms and conditions of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this ParagraphLease.

Appears in 1 contract

Samples: Radiation Therapy Services Inc

ACCESS BY LANDLORD. To permit the Landlord and any of Landlord’s Invitees shall have the right its agents or representatives to enter the Leased Premises or any part thereof at all reasonable timestimes and, during normal business hours if feasible under except in the circumstancesevent of an emergency, and upon 24 hours’ reasonable prior notice, if feasible under to (a) inspect the circumstancesLeased Premises, (ib) exhibit the Leased Premises to prospective purchasers, lenders or tenants, (c) determine whether the Premises are in good condition and whether Tenant is complying with its obligations under in this Lease, (iid) post notices of nonresponsibility or similar notices, (e) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premisesimprovements, and (viif) make repairs which this lease requires Landlord to shore the foundations, footings, and walls of the Projectmake, and to erect scaffolding make repairs and protective barricades around replacements to preserve the Leased Premises and about Building, and (g) at any time within six (6) months prior to the expiration of this Lease to affix to any part of the Leased Premises a notice for letting the Leased Premises and to keep the same so affixed. Tenant waives any claim on account of any injury or inconvenience to Tenant's business, interference with Tenant's business, loss of occupancy or quiet enjoyment of the Leased Premises, but not so as or any other loss occasioned by such entry. Landlord will have the right, by means which Landlord may deem proper, to prevent open doors to the Leased Premises in an emergency in order to enter the Leased Premises. No entry to the Leased Premises by Landlord by any means will be deemed to be a forcible or unlawful entry into the Leased Premises or a detained of the Leased Premises or an eviction (actual or constructive) of Tenant from the Leased Premises, and to do or any other act or thing necessary for the safety or preservation part of the Premises if Leased Premises, nor will any excavation such entry entitle Tenant to damage or an abatement of rent or other construction is undertaken or is about charges which this Lease requires Tenant to be undertaken on any adjacent property or nearby streetpay. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.(M)

Appears in 1 contract

Samples: Lease (Interleaf Inc /Ma/)

ACCESS BY LANDLORD. Landlord and any of Tenant shall permit Landlord, Landlord’s Invitees agents and public utilities servicing the Building to erect, use, maintain and replace concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord’s agents and/or affiliates, and the holder of any Mortgage shall each have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and times upon 24 hours’ notice, if feasible under the circumstances, reasonable prior notice (which may be by telephone) to (i) examine the same, (ii) to determine whether show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such repairs, replacements, alterations or improvements as Landlord may deem commercially reasonably necessary to the Premises are in good condition and whether or which Landlord may elect to perform following Tenant’s failure beyond any applicable grace or cure period to make repairs or perform any work which Tenant is complying with its obligations obligated to perform under this Lease, (iiiv) to do any necessary maintenance for the purpose of complying with laws, regulations or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, other requirements of government authorities and (v) to post perform for saleRemedial Work(as defined in Article 40 hereof) after the failure of Tenant, beyond any applicable grace or “for rent” or “for lease” signs cure period to perform the same in accordance with the terms of this Lease. Landlord shall be allowed, during the final nine months progress of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested any work in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise axxxx while any such repairs, replacements, alterations, improvements or additions are being made. During the nine (9) months prior to the PremisesExpiration Date or the expiration of any renewal or extended term, and to do any other act or thing necessary for the safety or preservation of Landlord may exhibit the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby streetprospective tenants. In If, in the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord Tenant shall not be liable for any inconveniencepersonally present to open and permit an entry into the Premises, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Inviteesagents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Tenant With respect to such entry as hereinabove provided in this subsection, Landlord shall not be entitled use commercially reasonable efforts to minimize any abatement or reduction of Basic Monthly Rent or other Rent because of interference with Tenant’s operations in the exercise by Landlord of any rights under this ParagraphPremises.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

ACCESS BY LANDLORD. Landlord Landlord, its agents and any of Landlord’s Invitees employees shall have the right right, upon and subject to the provisions hereof, to enter any portion of the Leased Premises upon reasonable notice and at all reasonable timeshours to examine the condition of the Leased Premises, during normal business hours if feasible under the circumstancesto make any repairs or alterations required to be made by Landlord hereunder, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations perform any duties or enforce any rights of Landlord expressly provided for under this Lease, or during the last six (6) months of the term of this Lease, to show the Leased Premises to prospective purchasers, mortgagees or tenants. However, Landlord shall not exercise this right in such a manner as to unreasonably interfere with Tenant’s Permitted Use or quiet enjoyment of the Leased Premises, and under no circumstances or conditions shall Landlord handle, examine, discard or destroy any electronic, documentary or clinical materials of Tenant or its clients in the Leased Premises. TENANT HAS ADVISED LANDLORD THAT TENANT’S WORK INVOLVES HIGHLY CONTROLLED CLINICAL TRIALS OF NEW DRUG APPLICATIONS FOR PHARMACEUTICAL CLIENTS PURSUANT TO CONFIDENTIAL PROTOCOLS SUBJECT TO FEDERAL LAWS AND REGULATIONS AND CONTRACTUAL COMMITMENTS PROVIDING FOR STRICT CHAIN OF CUSTODY PROCEDURES; AND IN EXERCISING ITS RIGHTS OF ENTRY UNDER THIS LEASE LANDLORD SHALL EXERCISE GOOD FAITH EFFORTS TO (i) PRESERVE CONFIDENTIALITY AS TO ANY DOCUMENTARY OR ELECTRONIC INFORMATION OBSERVED BY LANDLORD OR ITS AGENTS IN THE LEASED PREMISES, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to performAVOID INTERFERING WITH, DESTROYING OR ALTERING SUCH INFORMATION OR MATERIALS RELATED TO CLINICAL TRIALS, AND (iii) AVOID SUCH DISRUPTIVE ACTIONS AS WOULD BE LIKELY TO CAUSE TENANT TO VIOLATE ITS LEGAL AND CONTRACTUAL OBLIGATIONS TO CLIENTS. Tenant shall be entitled to serveaccompany Landlord, postits agents, or keep posted employees and third parties during any notices required or allowed under such entry of the Leased Premises. In addition, during the last six (6) months of the term of this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to erect a suitable sign on the Property stating that the Leased Premises are available for lease. Landlord shall at all times retain a key with which to unlock all of the doors in, upon or about the Leased Premises. Tenant shall not change Landlord’s lock system without Landlord’s express written consent, or in any other manner prohibit Landlord from entering the Leased Premises in accordance with the provisions of this Lease. Notwithstanding anything to the contrary herein, Landlord shall have the right at any and all times to enter the Leased Premises at any time, without prior notice to Tenant. Tenant by any reasonable means in the event of an emergency without liability therefore (excluding Landlord’s rights under this Paragraph extendgross negligence or willful misconduct); provided, with Landlord’s consent, Landlord shall use its best efforts (i) to give Tenant notice of such emergency entry as promptly as reasonably practicable and (ii) to minimize damage to the owner Leased Premises and Tenant’s property. Tenant shall notify Landlord in writing at least thirty (30) days prior to vacating the Leased Premises and shall arrange to meet with Landlord for a joint inspection of adjacent property on which excavation or construction is the Leased Premises at least two (2) days prior to take place and vacating. Notwithstanding anything contained herein to the adjacent property owner’s agentscontrary, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct all actions of Landlord or Landlordits agents pursuant to this Section 5.5 shall be taken in such manner and at such times as to not unreasonably interfere with Tenant’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because use and enjoyment of the exercise by Landlord of any rights under this ParagraphLeased Premises.

Appears in 1 contract

Samples: Lease Agreement (Pharmaceutical Product Development Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord’s 's Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours' notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post "for sale" or "for rent" or "for lease" signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s 's rights under this Paragraph extend, with Landlord’s 's consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s 's agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s 's Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph. Landlord shall use commercially reasonable efforts (and shall cause any Landlord Invitees to use commercially reasonable efforts) during any entry to not unreasonably interfere with Tenant's use of the Premises or Tenant's business conducted therein.

Appears in 1 contract

Samples: Attornment Agreement (Bridgepoint Education Inc)

ACCESS BY LANDLORD. Subject to laws, rules and regulations applicable to financial institutions and accompanied by an officer or authorized agent of Tenant, Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ reasonable notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Termsigns, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent Rental because of the exercise by Landlord of any rights under this Paragraph.

Appears in 1 contract

Samples: Standard Retail Lease (1st Pacific Bancorp)

ACCESS BY LANDLORD. Landlord reserves, and any of Landlord’s Invitees Landlord (and its agents, contractors and employees) shall have at reasonable times have, the right to enter the Premises at all reasonable timesto inspect same, during normal business hours if feasible under the circumstancesto supply janitor service and any other service to be provided by Landlord to Tenant hereunder, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokersany prospective purchaser, lendersbeneficiary, agentsmortgagee or tenant, prospective buyersto post notices of nonresponsibility, prospective tenantsand to make any alteration, improvement or other persons interested in a listing of, financing, purchasing, or occupying the Project, repair to the Premises or any portion of the Project Building, without abatement of rent, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claims for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and (vii) to shore the foundations, footings, and walls any other loss occasioned thereby. For each of the Projectaforesaid purposes, Landlord shall at all times have and retain a key with which to erect scaffolding and protective barricades around unlock all of the doors in, upon and about the Premises, but not so as to prevent entry to the Premisesexcluding Tenants' vaults and safes, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises or portions thereof obtained by Landlord by any of such means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time, without prior notice same constituting an actual or constructive eviction and without incurring any liability to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consentTenant therefor, to change the owner arrangement and/or location of adjacent property on which excavation entrances or construction is to take place passageways, doors and the adjacent property owner’s agents, employees, officersdoorways, and contractors. Landlord shall not be liable for any inconveniencecorridors, disturbanceelevators, loss of businessstairs, nuisancetoilets, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because public parts of the exercise by Landlord of any rights under this ParagraphBuilding.

Appears in 1 contract

Samples: Office Lease (Ministry Partners Investment Company, LLC)

ACCESS BY LANDLORD. (a) The Tenant shall permit the Landlord and any of Landlord’s Invitees shall have the right to enter the Premises its duly authorised agents or nominees, with or without workers and others, at all reasonable times, during normal but without materially interfering with the Tenant’s business hours if feasible under operations, to enter upon the circumstancesPremises for the purpose of examining the state of repair, condition and use thereof, and upon 24 to permit such entry after the Landlord shall have given forty-eight (48) hours’ noticenotice in writing to the Tenant of such intended entry and examination and upon notice in writing of defect or want of repair being given by the Landlord acting reasonably to the Tenant, if feasible under to cause the circumstancessame to be repaired, within thirty (i30) to determine whether days from the Premises are in good condition and whether date of the giving of such notice by the Landlord, or such longer period as may be reasonably required, provided that the Tenant is complying diligently proceeding with its obligations under such repairs. If the Tenant shall at any time default in the performance or observance of any of the covenants in this Lease, (ii) to do any necessary maintenance Lease for or make any restoration relating to the Premises that Landlord has the right repair, maintenance, cleaning, renewal or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months decoration of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion part thereof and the Tenant fails to commence the bona fide rectification of such default within thirty (30) days after notice in writing from the Project Landlord acting reasonably, of default, or the Tenant thereafter fails to diligently proceed with such rectification, in respect of repair, maintenance, cleaning, renewal or decoration of the Premises, then the Tenant shall permit the Landlord and (vii) to shore the foundationsits duly authorised agents and nominees, footingswith or without workers and others, and walls without prejudice to the Landlord’s right of re-entry, to enter into and upon the Premises and repair, decorate, clean and maintain the same at the expense of the ProjectTenant, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry shall repay to the PremisesLandlord on demand all reasonable third party costs and expenses, which shall be deemed to be Additional Rent, in respect of such repairs, maintenance, cleaning, renewal and to do any other act or thing necessary decoration as aforesaid within 30 days following receipt of an invoice for the safety or preservation of such costs. When accessing the Premises if any excavation or other construction is undertaken or is about pursuant to be undertaken on any adjacent property or nearby street. In this Section 6.4, the event of an emergency Landlord shall have comply with the right Tenant’s reasonable security, safety and sanitary rules and regulations. The Landlord may also exercise its rights in Section 6.4(a) to enter the Premises at any time, without prior notice to Tenant. make such repairs and replacements as are the Landlord’s rights obligations under this Paragraph extend, with Landlord’s consent, to Lease upon giving the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided Tenant forty-eight (48) hours’ notice in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraphwriting.

Appears in 1 contract

Samples: Agreement (SMART Technologies Inc.)

ACCESS BY LANDLORD. Landlord and any of Landlord, Landlord’s Invitees agents and employees shall have the right to enter upon any and all parts of the Premises at all any reasonable timestime upon prior reasonable oral or written notice (except in the case of an emergency, during normal business hours if feasible under the circumstanceswhen no prior notice shall be required but Tenant shall be notified of such entry as soon after as is practical, and upon 24 hours’ notice, if feasible under the circumstances, (ior as otherwise set forth below) to examine the condition thereof, to clean, to make any repairs, alterations or additions required to be made by Landlord hereunder, to determine whether the Premises are in good condition and whether Tenant is complying with all of its obligations under this Lease, (ii) to do exercise any of Landlord’s rights or remedies hereunder and for any other reasonable purpose necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed comply with Landlord’s obligations under this Lease, as reasonably determined by Landlord. Landlord shall notify Tenant (vand allow Tenant reasonable opportunity to arrange a Tenant escort) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) Landlord’s intention to show the Premises to brokersprospective purchasers or prospective or current mortgage lenders (or, lendersduring the last nine (9) months of this Lease, agents, prospective buyers, to prospective tenants, or other persons interested in a listing ofprovided that Landlord shall seek Tenant’s consent, financingnot to be unreasonably withheld, purchasing, or occupying the Project, prior to Landlord entering the Premises or to show it to any portion Tenant Competitors). Notwithstanding the foregoing, Tenant understands and agrees that Landlord’s technical staff may enter the Premises periodically in connection with routine visual inspections of equipment and monitors in the Datacenter Space without prior notice to Tenant; however, Landlord shall only conduct such inspections per a pre-approved (approval not to be unreasonably withheld) method of operation document (“MOP”) and notwithstanding the foregoing, Landlord shall provide notice as set forth in this Section 17.13 if it enters the Datacenter Space to perform physical work on equipment. Upon request, Landlord shall provide Tenant with (a) a list of the Project titles of Landlord’s operations personnel (both employees and subcontractors) who require access to the Premises to perform Landlord’s obligations under this Lease and (b) a log of all Persons who have been provided unescorted access to the Premises within the last thirty (30) days. In connection with Landlord’s rights hereunder, Landlord shall at all times have and retain keys, pass keys and/or other access devices or credentials with which to unlock all of the doors in, on or about the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at use any time, without prior notice and all means by which Landlord may deem proper to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, open such doors to obtain entry to the owner of adjacent property on which excavation or construction is Premises. Notwithstanding anything herein to take place and the adjacent property owner’s agentscontrary, employeesexcept for emergencies, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss use reasonable efforts to minimize disruption of business, nuisance, Tenant’s business or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraphoccupancy during such entries.

Appears in 1 contract

Samples: Wholesale Datacenter Lease (Box Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Lease Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.

Appears in 1 contract

Samples: Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)

ACCESS BY LANDLORD. Landlord or its authorized agents shall at any and any of Landlord’s Invitees shall all reasonable times with reasonable notice (except that in emergency situations and in connection with providing janitorial services Landlord need not provide such notice) have the right to enter the Leased Premises at all reasonable timesto inspect the same, during normal business hours if feasible under to supply janitorial service or any other service to be provided by Landlord to Tenant hereunder, to show the circumstances, and upon 24 hours’ notice, if feasible under Leased Premises or any other portion of the circumstances, (i) Building to determine whether prospective tenants within the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine last 18 months of the Term, (vi) Term or at anytime to show the Premises same to brokersprospective purchasers and mortgagees, lendersall without being deemed guilty of an eviction of Tenant and without abatement of Rent, agents, prospective buyers, prospective tenants, or and may for that purpose erect scaffolding and other persons interested in a listing of, financing, purchasing, or occupying necessary structures where reasonably required by the Project, the Premises or any portion character of the Project work to be performed, provided the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Leased Premises, and (vii) any other loss occasioned thereby, unless due to shore the foundations, footings, gross negligence of Landlord and walls its agents or contractors. For each of the Projectaforesaid purposes, Landlord shall at all times have and retain a key with which to erect scaffolding and protective barricades around unlock all of the doors in, upon and about the Leased Premises, but not so as to prevent entry to the Premises, excluding Tenant's vaults and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby streetsafes. In the event of an emergency Landlord shall have the right to enter use any and all means which Landlord may deem proper to open any door(s) in an emergency without liability therefore. Notwithstanding the Premises at any timeforegoing, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss (except in the case of business, nuisance, an emergency) have the right to enter Tenant's computer server room or other damage arising out quality assurance laboratory without being accompanied by a representative of any entry on the Premises as provided Tenant; in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of regard it is understood that Landlord or Landlord’s Invitees. Tenant shall not be entitled have no obligation to any abatement or reduction of Basic Monthly Rent or other Rent because provide janitorial services to such areas of the exercise by Landlord of any rights under this ParagraphLeased Premises.

Appears in 1 contract

Samples: Lease Agreement (Bindview Development Corp)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to 's agents or employees may enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ noticeafter reasonable notice (and subject to Tenant's reasonable security measures), if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (viv) to post "for sale" or "for rent" or "for lease” signs during the final nine months of the Term" signs, (viv) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the ProjectPremises, (vi) to review Tenant's Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or any portion potential contamination, including an environmental audit of the Project Premises (the costs of which will be borne by Tenant whenever (a) they reveal any contamination, chemical or the Premisesenvironmental irregularities, or (b) they follow a default by Tenant under this Lease, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to may enter the Premises at any time, without prior notice to Tenant. Landlord’s 's rights under this Paragraph paragraph extend, with Landlord’s 's consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s 's agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.

Appears in 1 contract

Samples: Lease Agreement (8x8 Inc /De/)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (viv) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (viv) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (viivi) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraphparagraph.

Appears in 1 contract

Samples: Gross Office Lease (Bakbone Software Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord, Landlord’s Invitees agents and employees shall have the full right to access at all times to the 2020 Parking Garage so that it may use, operate and rent the same. Landlord, Landlord’s agents and employees shall have the right to enter upon any and all parts of the Premises Tenant Space and the Shared Space at all any reasonable timestime upon prior reasonable written notice (except in the case of an emergency when oral notice may be given to on-site personnel, during normal business hours if feasible under the circumstances, but Landlord shall use commercially reasonable efforts to give prior written notice to Tenant and upon 24 hours’ notice, if feasible under the circumstances, (ibe accompanied by a representative of Tenant) to gain access to Landlord’s switch panel located in the basement switch room, examine the condition thereof, to make any repairs, alterations or additions required to be made by Landlord hereunder, to show the Tenant Space to prospective purchasers or prospective tenants (but only to such prospective tenants during the last year of the Term of the Lease) or mortgage lenders (prospective or current), to determine whether the Premises are in good condition and whether Tenant is complying with all of its obligations under this Lease, to exercise any of Landlord’s rights or remedies hereunder and for any other purpose deemed reasonable by Landlord (iiand in all instances, Tenant’s representative shall be allowed to accompany Landlord during any such access). In connection with Landlord’s rights hereunder, Landlord shall at all times have and retain a key with which to unlock the outer access door(s) to do any necessary maintenance for each Datacenter Suite, each stairwell door in the Building, each exterior door of the Building and each exterior or make any restoration interior door in the roof levels, basement level and levels 1, 2 and 3/4 of the Building. Notwithstanding anything herein to the Premises that contrary, Landlord shall use reasonable efforts to minimize disruption of Tenant’s business or occupancy during such entries, and shall at all times abide by Tenant’s reasonable security procedures during such entries, provided Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months prior written notice of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby streetsuch security procedures. In the event of an emergency Landlord shall have reserves the right to enter use in common with Tenant any risers of the Premises at Building for the installation of any timeLandlord-owned conduits, without prior notice to Tenant. Landlord’s rights under this Paragraph extendwires, with Landlord’s consentcables, pipes or equipment, except to the owner extent such use of adjacent property on which excavation or construction is to take place and risers in the adjacent property ownerBuilding would materially interfere with Tenant’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraphbusiness operations.

Appears in 1 contract

Samples: Lease Agreement (Equinix Inc)

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ACCESS BY LANDLORD. Landlord Tenant shall permit Landlord, Landlord's agents and public utilities servicing the Building to erect, use, maintain and replace concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord's agents and/or affiliates, and the holder of any of Landlord’s Invitees Mortgage shall each have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and times upon 24 hours’ notice, if feasible under the circumstances, reasonable prior notice (which may be by telephone) to (i) examine the same, (ii) to determine whether show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such repairs, replacements, alterations or improvements as Landlord may deem commercially reasonably necessary to the Premises are in good condition and whether or which Landlord may elect to perform following Tenant's failure beyond any applicable grace or cure period to make repairs or perform any work which Tenant is complying with its obligations obligated to perform under this Lease, (iiiv) to do any necessary maintenance for the purpose of complying with laws, regulations or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, other requirements of government authorities and (v) to post perform for saleRemedial Work(as defined in Article 40 hereof) after the failure of Tenant, beyond any applicable grace or “for rent” or “for lease” signs cure period to perform the same in accordance with the terms of this Lease. Landlord shall be allowed, during the final nine months progress of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested any work in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any such repairs, replacements, alterations, improvements or additions are being made. During the nine (9) months prior to the PremisesExpiration Date or the expiration of any renewal or extended term, and to do any other act or thing necessary for the safety or preservation of Landlord may exhibit the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby streetprospective tenants. In If, in the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled personally present to open and permit an entry into the Premises, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any abatement or reduction manner affecting the obligations and covenants of Basic Monthly Rent or other Rent because of this Lease. With respect to such entry as hereinabove provided in this subsection, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s operations in the exercise by Landlord of any rights under this ParagraphPremises.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to agents or employees may enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ after reasonable notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Termsigns, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the ProjectPremises, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby streetstreet (which work must be performed in as unobtrusive manner as is reasonably practicable). In the event of an emergency Landlord shall have the right to may enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall will not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall will not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent rent because of the exercise by Landlord of any rights under this Paragraphparagraph.

Appears in 1 contract

Samples: Single Tenant Net Lease Agreement (Invision Technologies Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (viv) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (viv) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (viivi) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.. Landlord _______________ Tenant ______________

Appears in 1 contract

Samples: Gross Office Lease (BeautyKind Holdings, Inc.)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under notice (except that no notice shall be required in the circumstances, case of an emergency) (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make perform any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.

Appears in 1 contract

Samples: Office Lease Agreement (Smartsheet Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees its agents shall have the right to enter the Premises at all reasonable timesPremises, during normal business hours if feasible under to examine the circumstances, same and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokersprospective and current purchasers or lenders and, lenderswithin the last twelve (12) months of the Lease Term only, agents, prospective buyers, to prospective tenants. Except in emergency situations, or other persons interested in to provide normal services to be provided by Landlord hereunder, Landlord will give Tenant at least twenty-four (24) hours' advance notice prior to entering the Premises. Landlord at all times shall have and retain a listing of, financing, purchasing, or occupying the Project, the Premises or any portion key with which to unlock all of the Project doors in, upon or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premisesexcluding Tenant's vaults and safes, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Entry to the Premises shall be at Landlord's risk and Landlord shall respect and protect the confidentiality of information about Tenant and Tenant's business learned as a result of such entry. Tenant, at its option, may designate certain portions of the Premises (such as the file room and computer room) as being "off limits," and except in an emergency, neither Landlord nor its employees, agents or contractors shall have any access to such off limits areas of the Premises unless accompanied by an employee of Tenant. If Tenant elects to designate areas of the Premises as "off limits" Tenant may install separate locks on such areas provided Landlord is provided keys to such locks as required by the fire code. Landlord shall conduct its activities in or about the Premises at any time, without prior notice a time and in a manner so as to minimize disruption of or interference with Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, 's business or access to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this ParagraphPremises.

Appears in 1 contract

Samples: Lease (Starbucks Corp)

ACCESS BY LANDLORD. Landlord and any of Landlord’s 's Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s Xxxxxxxx's rights under this Paragraph extend, with Landlord’s Xxxxxxxx's consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s 's agents, employees, officers, and 30 American Assets Trust – Lease Form 1/31/2023 contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s 's Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.

Appears in 1 contract

Samples: Office Lease Agreement (IDEAYA Biosciences, Inc.)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to 's agents or employees may enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ after reasonable prior written notice, and only when accompanied by a representative of Tenant, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final last nine (9) months of the Term, to post "for sale" or "for rent" or "for lease" signs, (vi) during the last nine (9) months of the Term, to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the ProjectPremises, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to may enter the Premises at any time, without prior notice to Tenant, but Landlord shall use its best efforts to notify Tenant of its entry or anticipated entry as soon as possible. Landlord’s 's rights under this Paragraph paragraph extend, with Landlord’s 's consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s 's agents, employees, officers, and contractors. Subject to rent abatement as expressly provided in Article 8 above and Landlord's indemnification of Tenant pursuant to Article 21 below, Landlord shall will not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph Article 20 except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s 's Invitees; provided, however, that Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's Permitted Use of the Premises during any actions/activities undertaken by Landlord pursuant to this Article 20. Except as otherwise expressly provided in Article 8 above, Tenant shall will not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent rent because of the exercise by Landlord of any rights under this ParagraphArticle 20.

Appears in 1 contract

Samples: Lease Agreement (Biogen Idec Inc)

ACCESS BY LANDLORD. Landlord Tenant shall permit Landlord, Xxxxxxxx's agents and public utilities servicing the Building to erect, use, maintain and replace, concealed ducts, pipes and conduits in and through the Premises provided same are placed above ceilings or behind walls. Landlord, Landlord's agents and/or affiliates, and the holder of any of Landlord’s Invitees Mortgage shall each have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, times and upon 24 hours’ notice, if feasible under the circumstances, on reasonable notice (for non-emergency entries) to (i) examine the same, (ii) to determine whether show them to prospective purchasers, mortgagees or lessees of the Building, (iii) to make such repairs, replacements or improvements as Landlord may reasonably deem necessary to the Premises are in good condition and whether or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is complying with its obligations obligated to perform under this Lease, (iiiv) to do any necessary maintenance for the purpose of complying with laws, regulations or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, other requirements of government authorities and (v) to post perform for saleRemedial Workor “for rent” or “for lease” signs during (as defined in Article 40 hereof) after the final nine months failure of Tenant to perform the Term, (vi) to show same in accordance with the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion terms of the Project or this Lease. Provided that Landlord does not materially and adversely affect Tenant’s use and occupancy of the Premises, and (vii) to shore Landlord shall be allowed, during the foundations, footings, and walls progress of the Project, and to erect scaffolding and protective barricades around any work in and about the Premises, but to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any repairs, replacements or improvements are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall restore any damage to the Demised Premises (including finishes) resulting from such access. During the six (6) month period prior to the Expiration Date or the expiration of any renewal or extended term, if elected, Landlord may exhibit the Premises to prospective tenants thereof following reasonable notice to Tenant. If Tenant shall not so as be personally present to prevent open and permit an entry to into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same (in the case of an emergency), without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to do impose upon Landlord any other act obligation, responsibility or thing necessary liability whatsoever, for the safety care, supervision or preservation repair of the Premises if Building or any excavation or part thereof, other construction is undertaken or is about to be undertaken on any adjacent property or nearby streetthan as herein provided. In the event of an emergency Landlord Tenant shall have the right to enter the Premises have its representative accompany Landlord at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. time when Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on access the Premises as set forth herein, provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of that Tenant shall make such representative reasonably available. In all instances when Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent its contractors, agents or other Rent because representatives have access to the Premises, Landlord will use commercially reasonable efforts to minimize the business operations of the exercise by Landlord of any rights under this ParagraphTenant.

Appears in 1 contract

Samples: Agreement of Lease (COMPASS Pathways PLC)

ACCESS BY LANDLORD. (a) Upon reasonable notice to Tenant (which may be verbal), Landlord and any of Landlord’s Invitees shall have the right to or its agents may enter the Premises at all reasonable timeshours to exhibit same to prospective purchasers or tenants or mortgagees, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether inspect the Premises are in good condition and whether to see that Tenant is complying with all of its obligations under this Leasehereunder, (ii) to do any supply janitorial and other services, and to make repairs, improvements, alterations or additions which Landlord shall deem necessary for the safety, preservation, maintenance or improvement of the Building or to make repairs or modifications to any restoration adjoining space. Landlord shall be allowed to take all material into and upon the Premises that Landlord has may be required to make such repairs, maintenance, improvements, alterations or additions for the right benefit of Tenant without in any way being deemed or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months held guilty of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion an eviction of the Project or the PremisesTenant, and (vii) the Base Rent and other charges hereunder shall not xxxxx while such repairs, improvements, alterations or additions are being made. All such repairs, maintenance, improvements, alterations and additions shall be done during regular business hours, or, if any such work is at the request of Tenant to shore the foundationsbe done during any other hours, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry Tenant shall pay for all overtime costs. Notwithstanding anything to the Premisescontrary, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time and without notice in the event of emergency without the same constituting an eviction, nuisance or disturbance. (b) Landlord shall at all times retain a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes or special security areas (designated in advance by Tenant in writing and made known to Landlord), and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises by Landlord shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall also have the right at any time, without prior notice the same constituting an actual or constructive eviction and without incurring any liability to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consentTenant therefor, to erect, use and maintain scaffolding, conduits and other necessary structures in the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractorsPremises. Landlord shall use commercially reasonable efforts not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on to interfere with Tenant's business operations while Landlord is in the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s InviteesPremises. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph10.

Appears in 1 contract

Samples: Lease Agreement (Intacta Technologies Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, 's agents and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord employees shall have the right to enter the Premises at any timereasonable times including, without but not limited to, during the conduct of Tenant's Work and/or the right of immediate entry at any time in the case of an emergency or to protect access to the Hotel Complex and the Common Areas, to examine the Premises and show them to prospective purchasers and other persons and to post notices as Landlord may deem reasonably necessary or appropriate for protection of Landlord, Landlord's interests, the Premises, the Common Areas or the Hotel Complex. Landlord shall attempt in all such cases other than an emergency situation to provide Tenant with prior notice. Landlord and Landlord's respective agents and employees shall have the further right to enter the Premises from time to time at reasonable times and upon prior notice to Tenant (i) to make such repairs, alterations, improvements or additions to the Hotel Complex, Common Areas or neighboring properties (including, without limitation, to install, maintain, use, repair and replace pipes, ductwork, conduits, utility lines and wires through hung ceiling space, column space, and partitions, in or beneath the floor slab or above or below the Premises or other parts of the Hotel Complex or Common Areas) as Landlord deems desirable, in which case, Landlord shall use commercially reasonable efforts not to interfere with Tenant's business operations or to create any Adverse Condition; (ii) to verify that Tenant is operating in the Premises in compliance with this Lease and the standards set forth herein; or (iii) in connection with the security or oversight of Landlord's operations at the Hotel Complex. During the last eighteen (18) months of the Term (or at any time that Tenant shall be in default under this Lease), Landlord may exhibit the Premises to prospective tenants and maintain upon the Premises notices deemed advisable by Landlord’s . In addition, during any apparent emergency, Landlord or Landlord's agents may enter the Premises forcibly without liability therefor and without in any manner affecting Tenant's obligations under this Lease. Nothing herein contained, however, shall be deemed to impose upon Landlord any obligation, responsibility or liability whatsoever, for any care, maintenance or repair except as otherwise herein expressly provided. Tenant shall ensure that Landlord at all times from and after the Effective Date and during the Term has the correct keys necessary to gain access to the Premises in the furtherance of its rights under this Paragraph extend, with Lease. Tenant acknowledges and agrees that Landlord’s consent, to 's Security Department may enter the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractorsPremises at any time it deems necessary. Landlord Landlord's activities under this Section 19 shall not be construed as an eviction of Tenant, nor render Landlord liable for any inconveniencein damages, disturbancenor entitle Tenant to an abatement of rent, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly nor release Tenant from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled obligation to fulfill any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights covenants under this ParagraphLease.

Appears in 1 contract

Samples: Lease Agreement (Allied Esports Entertainment, Inc.)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees (as defined below) shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.

Appears in 1 contract

Samples: Office Lease (Lionbridge Technologies Inc /De/)

ACCESS BY LANDLORD. Landlord reserves the right for Landlord and Landlord's Authorized Representatives or any of Landlord’s Invitees shall have the right 's lenders or their Authorized Representatives to enter the Premises at all any reasonable times, time during normal business hours if feasible under upon at least twenty-four (24) hours' prior advance notice (except that in the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, event of an emergency no notice shall be necessary) (ia) to determine whether inspect the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, Premises; (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vib) to show the Premises to brokers, prospective lenders, agentspurchasers or, prospective buyersduring the last one hundred eighty (180) days of the then existing Term (unless Tenant has elected to renew the Term as permitted herein) tenants; (c) to install, prospective tenantsmaintain, repair, replace or other persons interested in a listing ofrelocate any pipe, financingduct, purchasingconduit, wire or occupying the Project, equipment serving the Premises as long as same does not materially interfere with Tenant's business at the Premises (but only after first notifying Tenant and, if due to a failure by Tenant to maintain, replace or repair, only after first providing to Tenant a description of any portion repairs which Landlord intends to perform, along with a copy of the Project or the Premises, any plans and specifications for such repairs); (viid) to shore the foundations, footings, and walls of the Project, and determine whether Tenant is complying with Tenant's obligations hereunder; (e) to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do perform any other act obligation of Tenant after Tenant's failure to perform same within the period provided therefor, including any applicable cure period; or thing necessary for the safety or preservation of the Premises if (f) upon default by Tenant under this Lease which is not cured within any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby streetapplicable cure period. In the event of an emergency addition, Landlord and Landlord's Authorized Representatives shall have the right from time to enter time to reasonably request Tenant to deliver to Landlord documentation and other evidence verifying such compliance with the Laws. If Landlord enters the Premises for the purposes set forth in items (c) or (e) of the first sentence of this SECTION 4.4, Landlord may erect scaffolding and store tools, material and equipment in the Premises when required by the character of the work to be performed. Notwithstanding the foregoing, Landlord shall not unreasonably interfere with Tenant's business at any time, without prior notice to Tenant. Landlord’s the Premises in exercising its rights under this Paragraph extendSECTION 4.4, with unless an emergency situation exists, and in all cases, Landlord’s consent, 's right of access to the owner Premises and requests for evidence verifying compliance with all applicable Laws shall be subject to any and all restrictions protecting the privacy of adjacent property on which excavation or construction is to take place patients and confidential patient records and information, including without limitation the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for execution of any inconvenience, disturbance, loss of business, nuisance, confidentiality or other damage arising out of any entry on the Premises agreements as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not may be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise required by Landlord of any rights under this Paragraphlaw.

Appears in 1 contract

Samples: Skilled Healthcare Group Inc

ACCESS BY LANDLORD. Upon reasonable oral or written notice to Tenant (and without notice in emergencies), Landlord and any of Landlord’s Invitees shall have the right to its authorized representatives may enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, times to: (ia) to determine whether the Premises are in good condition and condition, (b) determine whether Tenant is complying with its obligations under this Lease, (iic) to do perform any necessary maintenance or make any restoration to repair of the Premises or the Building that Landlord has the right or obligation to perform, (iiid) install or repair improvements for other tenants where access to the Premises is required for such installation or repair, (e) serve, post, post or keep posted any notices required or allowed under the provisions of this Lease, (vf) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to prospective brokers, lenders, agents, prospective buyers, prospective transferees, Mortgagees or tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (viig) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or the Building. When reasonably necessary Landlord may temporarily close entrances, doors, corridors, elevators or other construction is undertaken or is about facilities in the Building without liability to be undertaken on any adjacent property or nearby streetTenant by reason of such closure. Landlord shall conduct its activities under this Section in a manner that will minimize inconvenience to Tenant without incurring additional expense to Landlord. In the no event shall Tenant be entitled to an abatement of an emergency Landlord shall have the right to enter the Premises at rent on account of any time, without prior notice to Tenant. entry by Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, business or other damage to Tenant or other persons arising out of any Landlord’s entry on the Premises as provided in accordance with this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s InviteesSection. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise No action by Landlord pursuant to this paragraph shall constitute an eviction of Tenant, constructive or otherwise, entitle Tenant to an abatement of rent or to terminate this Lease or otherwise release Tenant from any rights of Tenant’s obligations under this ParagraphLease.

Appears in 1 contract

Samples: Office Lease

ACCESS BY LANDLORD. Landlord and any of Tenant shall permit Landlord, Landlord’s Invitees agents and public utilities servicing the Building to erect, use, maintain and replace, concealed ducts, pipes and conduits in and through the Premises and in connection therewith Landlord shall use its reasonable efforts to limit any reduction in the useable portion of the Premises in connection therewith. Landlord, Landlord’s agents and/or affiliates, and the holder of any Mortgage shall each have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstancestimes (and upon reasonable prior notice which maybe oral), and upon 24 hours’ noticeLandlord shall notify Tenant so as a representative of Tenant shall be given the opportunity to be present, if feasible under the circumstances, however such presence of a Tenant representative shall not be required) to: (i) examine the same, (ii) to determine whether show them to prospective purchasers or mortgagees of the Building or space therein, (iii} to make such reasonable repairs, replacements, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises are in good condition and whether or to any other portion of the Building or which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is complying with its obligations obligated to perform under this Lease, (iiiv) to do any necessary maintenance for the purpose of complying with laws, regulations or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, other requirements of government authorities and (v) to post perform for saleRemedial Workor “for rent” or “for lease” signs (as defined in Article 40 hereof) after the failure of Tenant to perform the same in accordance with the terms of this Lease. Landlord shall be allowed, during the final nine progress of any work in and about the Premises, to take all necessary material and equipment into and upon the Premises and to store them within the Premise (however no storage shall be allowed overnight except if approved by Tenant) without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, replacements, alterations, Improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the six (6) month period prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof during normal business hours while Tenant is present upon twenty-four (24) hours advance notice. If, during the last three (3) months of the Term, (vi) to show the Premises to brokersTenant shall have removed all or substantially all of Tenant’s property therefrom, lendersLandlord may immediately enter and alter, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or renovate and redecorate the Premises, and (vii) without elimination or abatement of Rent, or incurring liability to shore the foundations, footingsTenant for any compensation, and walls such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease, however in the event Landlord enters the space pursuant to the previous sentence, Tenant shall be relieved of all restoration obligations with respect to the Project, Premises. If Tenant shall not be personally present to open and to erect scaffolding and protective barricades around and about permit an entry into the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable when for any inconveniencereason an entry therein shall be necessary or permissible, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Inviteesagents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Tenant Nothing herein contained, however, shall not be entitled deemed or construed to impose upon Landlord any abatement obligation, responsibility or reduction of Basic Monthly Rent liability whatsoever, for the care, supervision or other Rent because repair of the exercise by Landlord of Building or any rights under this Paragraphpart thereof, other than as herein provided.

Appears in 1 contract

Samples: Agreement of Lease (Constant Contact, Inc.)

ACCESS BY LANDLORD. Landlord shall retain duplicate keys to all of the doors of the Premises, and Tenant shall install no lock on any of Landlord’s Invitees the doors of the Premises without giving Landlord a key therefor. Landlord or its agents shall have access to the Premises upon prior notice to Tenant during Normal Business Hours, except in cases of emergency (when immediate access is necessary, Landlord will notify Tenant by the next business day after such access) in order to inspect, clean and make necessary or reasonable repairs to the Premises or the Building. During the final twelve (12) months of the Term, upon prior notice, or at such times as Tenant is in default of the terms of this Lease Agreement, Landlord shall have the right to enter show the Premises at all reasonable timestimes to prospective tenants, but Landlord shall endeavor to reduce disturbance to Tenant during normal business hours if feasible under Normal Business Hours. Throughout the circumstancesTerm, and upon 24 hours’ prior notice, if feasible under or at such times as Tenant is in default of the circumstancesterms of this Lease Agreement, Landlord shall have the right to show the Premises at reasonable times to Landlord’s current and prospective lenders or mortgagees and prospective purchasers of the Property or portions thereof. Notwithstanding any provision of this Lease to the contrary, Landlord acknowledges that Tenant handles confidential or sensitive information for itself and its clients and as such, (i) Landlord shall use commercially reasonable efforts to determine whether keep such information strictly confidential, and shall (a) cause all of its officers and employees to keep such information strictly confidential, and (b) not permit any of its agents, representatives, contractors, prospective purchasers, lenders and tenants to access the Premises are in good condition and whether Tenant is complying with its obligations under this LeasePremises, (ii) to do any necessary maintenance or make any restoration unless such party has executed a confidentiality agreement substantially similar to the Premises that Landlord has the right terms of this Article 22 with respect to any and all information viewed or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or otherwise observed within the Premises, and (viiii) to shore the foundations, footings, provided no Event of Default exists and walls of the Project, and to erect scaffolding and protective barricades around and about Tenant is then occupying the Premises, but Tenant shall have the opportunity to provide a representative of Tenant to accompany any such entry; however, Tenant’s failure to provide a representative shall not so preclude Landlord from entering the Premises. Notwithstanding anything to the contrary in this Article 22, Landlord shall not (except as expressly provided herein) itself or through its employees, officers, or contractors, and Landlord’s prospective purchasers, lenders and tenants shall not, have the right to prevent entry to access any closed drawers, closed cabinets, safes or vaults within the Premises or any “secured areas” within the Premises, which are designated by Tenant as provided herein. Except in cases of real or apparent emergency, in which case no approval shall be required, none of Landlord, its employees, officers, or contractors, and none of Landlord’s prospective purchasers, lenders or tenants shall be entitled to do inspect or access any other act closed drawers, closed cabinets, safes or thing necessary for the safety or preservation of vaults within the Premises if or any excavation or other construction is undertaken or is about secured areas within the Premises, without Tenant’s prior written approval (not to be undertaken unreasonably withheld, or conditioned) and all such parties shall abide by any reasonable rules, regulations and procedures as Tenant may have from time to time notified Landlord in advance that are applicable with respect to any such entry, including reasonable limitations as to time of entry and controls by Tenant with respect to the conduct of such entry. For any area other than a vault, safe or closed drawer or cabinet to be considered a secured area, Tenant shall clearly label and install conspicuous signage on such area clearly designating such area as being a secure area. To the extent that Landlord or its employees, officers or contractors are prevented from entering any adjacent property such secure areas, vaults, safes, drawers or nearby streetcabinets, Landlord shall have no obligation to provide services to such areas, including janitorial services. In the event of an emergency emergency, Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled may acquire access to any abatement secure areas, cabinets, drawers, vaults or reduction of Basic Monthly Rent or other Rent because safes by any means necessary, including the immediate destruction of the exercise by Landlord of any rights under this Paragraphlocks and/or doors.

Appears in 1 contract

Samples: Office Lease (Ncino, Inc.)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees (as defined below) shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in In this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.

Appears in 1 contract

Samples: Bumble Bee Capital Corp.

ACCESS BY LANDLORD. The Tenant shall permit the Landlord and any of Landlord’s Invitees shall have the right to enter the Leased Premises at all reasonable timesany time in case of an emergency or a health related issue, either real or perceived, and otherwise during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, reasonable advance notice (i) to determine whether the Premises are except in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have either real or perceived when no notice is required) where such entry will not unreasonably disturb or interfere with the right to enter Tenant’s use of the Leased Premises at any timeor operation of its business, without prior notice to to: (i) examine, inspect and show the Leased Premises for purposes of leasing (during the last sixteen (16) months of the Term only), sale or financing; (ii) provide Services or make repairs, replacements, changes or alterations as provided for in this Lease; or (iii) take such steps as the Landlord, acting reasonably, may deem necessary for the safety, improvement or preservation of the Leased Premises or the Project or the occupants thereof. In the event that emergency repairs or maintenance, which would otherwise be the responsibility of the Tenant. , are required, and the Tenant cannot or does not undertake such repairs or maintenance within seven (7) days, the Landlord’s rights under this Paragraph extendreasonable and competitive costs and expenses incurred with respect thereto together with a reasonable administration fee shall be paid to the Landlord by the Tenant from time to time within 30 days of receipt of invoices from the Landlord. The Tenant shall cooperate with the Landlord in any such entry by the Landlord into the Leased Premises. The Landlord shall, whenever possible, consult with the Tenant prior to entry but no such entry shall constitute an eviction or a breach of the Landlord’s consent, to covenant for quiet enjoyment or entitle the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this ParagraphRent.

Appears in 1 contract

Samples: Shopify Inc.

ACCESS BY LANDLORD. Tenant shall permit Landlord, Landlord's agents and public utilities servicing the Building to erect, use, maintain and replace, concealed ducts, pipes and conduits in and through the Premises provided the same are in or adjacent to the ceiling, floor, walls or columns and do not reduce the size or useability of any portion of the Premises by more than a de minimis amount. Landlord shall conceal all such ducts, pipes and conduits (except as otherwise agreed to by the Landlord and Tenant). Landlord shall, at its cost, promptly repair any damage to the Premises caused by any work performed pursuant to this Article 14. Landlord, Landlord's agents and/or affiliates, and the holder of Landlord’s Invitees any Mortgage shall each have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, times and upon 24 hours’ notice, if feasible under the circumstances, on reasonable notice (for non-emergency entries) and provided Landlord uses commercially reasonable efforts to minimize inconvenience to Tenant (i) examine the same, (ii) to determine whether show them to prospective purchasers, mortgagees or lessees of the Building, (iii) to make such repairs, replacements or improvements as Landlord may reasonably deem necessary to the Premises are in good condition and whether or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is complying with its obligations obligated to perform under this Lease, (iiiv) to do any necessary maintenance for the purpose of complying with laws, regulations or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, other requirements of government authorities and (v) to post perform for saleRemedial Workor “for rent” or “for lease” signs during (as defined in Article 40 hereof) after the final nine months failure of Tenant to perform the Term, (vi) to show same in accordance with the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion terms of the Project or this Lease. Provided that Landlord does not materially and adversely affect Tenant’s use and occupancy of the Premises, and (vii) to shore Landlord shall be allowed, during the foundations, footings, and walls progress of the Project, and to erect scaffolding and protective barricades around any work in and about the Premises, but to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any repairs, replacements or improvements are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall promptly restore any damage to the Premises (including finishes) resulting from such access. During the six (6) month period prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof following reasonable notice to Tenant. If Tenant shall not so as be personally present to prevent open and permit an entry to into the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable when for any inconveniencereason an entry therein shall be necessary or permissible, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same (in the case of an emergency), provided that Landlord, in both cases exercises reasonable care to protect Tenant’s Inviteesproperty, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Tenant Nothing herein contained, however, shall not be entitled deemed or construed to impose upon Landlord any abatement obligation, responsibility or reduction of Basic Monthly Rent liability whatsoever, for the care, supervision or other Rent because repair of the exercise by Landlord of Building or any rights under this Paragraphpart thereof, other than as herein provided.

Appears in 1 contract

Samples: Agreement of Lease (Snap Interactive, Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord’s Invitees agents and employees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to performperform (the rights under this clause (ii) shall extend to Landlord’s contractors and repairmen), (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (viiv) to show the Premises to brokers, lenders, agents, (a) lenders or prospective buyers, buyers or (b) prospective tenants, tenants or other persons interested in a listing of, financing, purchasing, or occupying brokers during the Projectlast nine months of the Term (as the same may be extended pursuant to Paragraph 3.2 ), the Premises or any portion of the Project or (the Premisesrights under this clause (iv) shall extend to Landlord’s prospective tenants, buyers, and lenders), and (viiv) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises or materially and adversely affect Tenant’s use of the Premises, and to do any other act or thing reasonably necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s InviteesInvitees (in which case Landlord shall be responsible to the extent such damage is not covered by insurance required to be carried by Tenant or actually carried by Tenant’s). Except as otherwise expressly provided in this Lease, Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.

Appears in 1 contract

Samples: Sublease (Hollis Eden Pharmaceuticals Inc /De/)

ACCESS BY LANDLORD. Landlord reserves, and any of Landlord’s Invitees Landlord (and its agents, contractors and employees) shall have at reasonable times have, the right to enter the Premises at all reasonable timesto inspect same, during normal business hours if feasible under the circumstancesto supply janitorial services and any other service to be provided by Landlord to Tenant hereunder, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokersany prospective purchaser, lendersbeneficiary, agentsmortgagee or, prospective buyersduring the last six (6) months-of the term hereof, prospective tenantstenant, to post notices of nonresponsibility, and to make “any alteration, improvement or other persons interested in a listing of, financing, purchasing, or occupying the Project, repair to the Premises or any portion of the Project Building, without abatement of rent, except as may otherwise be specifically provided in this Lease, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and provided further that Landlord shall use reasonable efforts to minimize any interference with Tenant’s use of and access to the Premises resulting from the foregoing. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and (vii) any other loss occasioned thereby, except to shore the foundations, footings, and walls extent arising from the gross negligence or willful misconduct of Landlord. For each of the Projectaforesaid purposes, Landlord shall at all times have and retain a key with which to erect scaffolding and protective barricades around unlock all of the doors in, upon and about the Premises, but not so as to prevent entry to the Premisesexcluding Tenant’s vaults and safes, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises or portions thereof obtained by Landlord by any of such means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time, without prior notice same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building, provided that Landlord shall use reasonable efforts to minimize any interference with Tenant’s use of and access to the Premises resulting from the foregoing. Notwithstanding the foregoing, Landlord’s rights under pursuant to this Paragraph extend, with Landlord’s consent, Article 18 shall be subject to the owner provisions of adjacent property on which excavation or construction is applicable banking laws regarding limitation of access to take place and certain portions of the adjacent property owner’s agentsPremises; provided, employees, officersthat Tenant shall notify Landlord in writing of those portions of the Premises that are not so accessible by Landlord, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraphapplicable banking law provision pertaining to same.

Appears in 1 contract

Samples: Lease (Beverly Hills Bancorp Inc)

ACCESS BY LANDLORD. Landlord and any of Landlord, Landlord’s Invitees agents and employees shall have the right to enter upon any and all parts of the Premises Tenant Space at all any reasonable times, during normal business hours if feasible under time upon prior reasonable oral or written notice (except in the case of an emergency when as much prior notice as Landlord in good faith determines is practicable given the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to examine the condition thereof, to clean, to make any repairs, alterations or additions required to be made by Landlord hereunder, to show the Tenant Space to prospective purchasers or tenants or mortgage lenders (prospective or current), to determine whether the Premises are in good condition and whether Tenant is complying with all of its obligations under this Lease, (ii) to do exercise any necessary maintenance of Landlord’s rights or make remedies hereunder and for any restoration other purpose deemed reasonable by Landlord. In connection with Landlord’s rights hereunder, Landlord shall at all times have and retain a key with which to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months unlock all of the Termdoors in, (vi) to show on or about the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the PremisesTenant Space, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises at Tenant Space. Tenant hereby waives any time, without prior notice claim for damages for any injury to Tenant. Landlord’s rights under this Paragraph extendbusiness or inconvenience to, with Landlordor interference with, Tenant’s consentbusiness, to any loss of occupancy or quiet enjoyment of the owner of adjacent property on which excavation Tenant Space or construction is to take place and the adjacent property owner’s agents, employees, officersany other loss occasioned by such entry, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent by reason thereof, and no such entry to the Tenant Space shall be deemed or other Rent because construed to be a forcible or unlawful entry into or a detainer of the exercise Tenant Space or an eviction, actual or constructive, of Tenant from any part of the Tenant Space. Notwithstanding anything in Sections 17.16 and 17.17, any rules or regulations promulgated by Landlord or any maintenance schedule relative to Landlord’s access to the Tenant Space to the contrary, Landlord agrees that (except in the case of an emergency) Landlord’s access to the Premises shall be subject to Landlord’s compliance with the procedures required by Tenant (“Tenant’s Security Procedures”), provided that (i) Landlord has received written notice of Tenant’s Security Procedures and any rights changes thereof, and (ii) Tenant’s Security Procedures (as amended from time to time by Tenant) do not interfere with Landlord’s ability to perform, or increase the cost to Landlord to perform, Landlord’s obligations under this ParagraphLease or any other lease demising premises in the Building. Tenant shall deliver written notice of the changes to Tenant’s Security Procedures to Landlord at Landlord’s address for notices as provided herein. Notwithstanding anything herein to the contrary, except for emergencies, Landlord shall use reasonable efforts to minimize disruption of Tenant’s business or occupancy during such entries.

Appears in 1 contract

Samples: Master Datacenter Lease (Telx Group, Inc.)

ACCESS BY LANDLORD. Landlord Tenant shall permit Landlord, Landlord's agents and public utilities servicing the Building to erect, use, maintain and replace, concealed ducts, pipes and conduits in and through the Premises. To the extent reasonably practicable, any pipes, ducts or conduits installed in or through the Premises pursuant to this Article 14 shall be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises. Landlord, Landlord's agents and/or affiliates, and the holder of Landlord’s Invitees any Mortgage shall each have the right to enter the Premises at all reasonable timestimes upon reasonable prior notice (other than in event of an emergency), during normal business hours if feasible under the circumstanceswhich notice may be oral or by telephone, and upon 24 hours’ notice, if feasible under the circumstances, to (i) examine the same, (ii) to determine whether show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such repairs, replacements, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises are or to any other portion of the Building or which Landlord may elect to perform ten (10) days after notice (except in good condition and whether the event of an emergency) to Tenant of Tenant's failure to make repairs or perform any work which Tenant is complying with its obligations obligated to perform under this Lease, (iiiv) to do any necessary maintenance for the purpose of complying with laws, regulations or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, other requirements of government authorities and (v) to post “for sale” or “for rent” or “for lease” signs perform "Remedial Work" (as defined in Article 40 hereof) after the failure of Tenant to perform the same in accordance with the terms of this Lease. Landlord shall be allowed, during the final nine months progress of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested any work in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to take all necessary material and equipment into and upon the Premises, Premises and to do store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any other act decorations, repairs, replacements, alterations, improvements or thing necessary for additions are being made, by reason of loss or interruption of business of Tenant or otherwise, except as otherwise expressly set forth herein; it being understood and agreed that Landlord shall (w) cause any debris or refuse to be removed from the safety or preservation work area in the Premises at the end of each day, (x) cause all areas of the Premises if any excavation or other construction is undertaken or is about adversely affected by Landlord's activities to be undertaken on cleaned upon completion of such work (y) remove all tools, equipment and other material relating to such work from the Premises upon completion of such work, and (z) not use the Premises for the staging of work to be performed by Landlord in any adjacent property other part of the Building. Notwithstanding anything to the contrary contained above, Landlord shall not enter the Premises at times other than normal business hours unless accompanied by an authorized representative of Tenant (provided that Tenant shall make such representative available upon not more than two (2) hours prior notice) or nearby street. In unless required in the event of an emergency emergency. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord shall have the right to enter may exhibit the Premises to prospective tenants thereof upon reasonable prior notice (other than in event of an emergency), which notice may be oral or by telephone. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, when for any reason an entry therein shall be necessary or permissible hereunder (subject to the owner terms of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agentsthis Article 14), employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees's agents may enter the same by a master key, or may forcibly enter the same (in event of an emergency only), without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Tenant Nothing herein contained, however, shall not be entitled deemed or construed to impose upon Landlord any abatement obligation, responsibility or reduction of Basic Monthly Rent liability whatsoever, for the care, supervision or other Rent because repair of the exercise Building or any part thereof, other than as herein provided. Any entry upon the Premises by Landlord or its agents pursuant to this Article 14 shall be effected in a manner intended to minimize interference with the conduct of Tenant's business in the Premises (without any rights under this Paragraphrequirement that Landlord utilize overtime or premium-pay labor unless Tenant pays for such overtime or premium-pay costs in advance).

Appears in 1 contract

Samples: Agreement of Lease (Predictive Systems Inc)

ACCESS BY LANDLORD. Landlord and any of the Landlord’s 's Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ reasonable notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted posted, any notices required or allowed under this Lease, (v) to post "for sale" or "for rent" or "for lease" signs during the final nine six months of the Lease Term, as extended, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the PremisesPremises (during the final six months of the Lease Term, as extended), and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s 's rights under clause (vii) of this Paragraph extend, with Landlord’s 's consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s 's agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts acts, or willful intentional misconduct of Landlord or Landlord’s 's Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent Rental because of the exercise by Landlord of any rights under this Paragraph.

Appears in 1 contract

Samples: Lightspan Partnership Inc

ACCESS BY LANDLORD. To permit the Landlord and any of Landlord’s Invitees shall have the right its agents, contractors or representatives to enter the Leased Premises or any part thereof at all any time in response to an emergency, and, except for an emergency, at reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, reasonable prior notice to (i) inspect the Leased Premises, (ii) exhibit the Leased Premises to prospective purchasers, lenders or tenants, (iii) determine whether the Premises are in good condition and whether Tenant is complying with its obligations under in this Lease, (iiiv) to do any necessary maintenance post notices of nonresponsibility or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Leasesimilar notices, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Termmake improvements, (vi) make repairs which this Lease requires Landlord to show make, and to make repairs and replacements to preserve the Leased Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premisesand Building, and (vii) at any time within six (6) months prior to shore the foundations, footings, and walls expiration of this Lease to affix to any part of the Project, Leased Premises a notice for letting the Leased Premises and to erect scaffolding and protective barricades around and about keep the same so affixed. Tenant waives any claim on account of any injury or inconvenience to Tenant’s business, interference with Tenant’s business, loss of occupancy or quiet enjoyment of the Leased Premises, but not so as or any other loss occasioned by such entry. Landlord will have the right, by means which Landlord may deem proper, to prevent open doors to the Leased Premises in an emergency in order to enter the Leased Premises. No entry to the Leased Premises by Landlord by any means will be deemed to be a forcible or unlawful entry into the Leased Premises or a detainer of the Leased Premises or an eviction (actual or constructive) of Tenant from the Leased Premises, and to do or any other act or thing necessary for the safety or preservation part of the Premises if Leased Premises, nor will any excavation such entry entitle Tenant to damage or an abatement of rent or other construction is undertaken or is about charges which this Lease requires Tenant to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraphpay.

Appears in 1 contract

Samples: Newton Wellesley (FleetMatics Group PLC)

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