Common use of Access to Premises Clause in Contracts

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 4 contracts

Samples: Sublease (Switch & Data, Inc.), Agreement and Guaranty (Switch & Data, Inc.), Agreement and Guaranty (Switch & Data, Inc.)

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Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erectits agents, use and maintain concealed ductsservants, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to employees may enter the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable prior notice (except no such prior notice shall be required to Tenant under the circumstances, in case of an emergency), which notice may be oral, to examine do the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of following: inspect the Premises; comply with all laws, orders, ordinances and to make such repairs, alterations, improvements requirements of any governmental unit or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) authority for which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (c90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the purpose least practical interference to Tenant’s business and Tenant’s use of complying the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with Legal Requirementsthe Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be allowed liable for any damage to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise’s property.

Appears in 4 contracts

Samples: Ground Lease Agreement (VCG Holding Corp), Confidential Treatment (VCG Holding Corp), Ground Lease Agreement (VCG Holding Corp)

Access to Premises. Section 14.1 To enter the Premises in order to inspect, supply cleaning service or other services to be provided Tenant hereunder, show the Premises to current and prospective lenders, insurers, purchasers, tenants, brokers and governmental authorities, and perform any work or take any other actions reserved to Landlord under this Lease or applicable laws; provided in no event shall permit LandlordLandlord enter the clean room located in the Premises (except in the case of a true emergency (i.e. posing imminent threat or danger to life or property)). However, LandlordLandlord shall: (i) provide reasonable advance written or oral notice to Tenant’s agents on-site manager or other appropriate person (except in emergencies), (ii) take reasonable steps to minimize any disruption to Tenant’s business, and public utilities servicing following completion of any work, return Tenant’s leasehold improvements, fixtures, property and equipment to the Building original locations and condition to erectthe fullest extent reasonably possible, use and maintain concealed ducts, pipes and conduits in and through (iii) avoid materially changing the Premises, provided that Landlord will not thereby reduce configuration or reducing the rentable area square footage of the Premises, unless required by laws (and in the event of any permanent reduction, the Rent and other than to a de minimis extentrights and obligations of the parties based on the square footage of the Premises shall be proportionately reduced). Landlord Tenant shall not place permanent partitions or other permanent obstructions in the Premises which may prevent or materially impair Landlord’s agents shall have access to the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of systems and equipment for the Building or the systems and their respective agents and representatives or prospective tenants of equipment for the Premises, and to make . If Tenant requests that any such repairs, alterations, improvements access occur before or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenantafter Landlord’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, regular business hours and Landlord approves, Tenant shall be allowed to take pay all material into overtime and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant other additional costs in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseconnection therewith.

Appears in 3 contracts

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii), Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii), Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Access to Premises. Section 14.1 Tenant shall shall: (i) permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ductspipes, pipes ducts and conduits in and through the Premises, provided that Landlord will the same do not thereby materially reduce the rentable floor area or materially adversely affect the appearance thereof; (ii) permit the Landlord and any Mortgagee to have free and unrestricted access to and to enter upon the Premises at all reasonable hours for the purposes of inspecting equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or making repairs, replacements or improvements in or to the Premises, the Building or elsewhere on the Property or complying with all laws, orders and requirements of governmental or other than authority or of exercising any right reserved to a de minimis extentLandlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii)’ permit Landlord, at reasonable times upon reasonable notice (which such notice need not be in writing or given in accordance with Article 23.0 of this Lease), to show the Premises during ordinary business hours to any Mortgagee, prospective purchaser of any interest of Landlord in the Building, the Property or any portion thereof, prospective Mortgagee, or prospective assignee of any Mortgage, and during the period of twelve months next preceding the Term Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If during the last month of the Term, Tenant shall have removed substantially all of Tenant’s property from the Premises, 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 have no effect upon this Lease. If Tenant shall not be personally present to open and permit any entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents must nevertheless be able to gain such entry by contacting a responsible representative of Tenant, whose name, address and telephone number shall have the right be furnished by Tenant. Landlord shall exercise its rights of access to enter the Premises at all reasonable times upon reasonable prior notice (except no permitted under any of the terms and provisions of this Lease in such prior notice shall be required in case of emergency), which notice may be oralmanner as to minimize, to examine the sameextent practicable, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building interference with Tenant’s use and their respective agents and representatives or prospective tenants occupation of the Premises. If an excavation shall be made or authorized by the Landlord to be made upon the Property, and to make such repairsTenant shall afford, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the person causing or authorized to cause such excavation, license to enter upon the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsdoing such work as said person shall deem necessary to preserve the Building, the Property or any portion thereof from injury or damage and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without support the same constituting an eviction by proper foundations without any claim for damage or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenantindemnity against Landlord, or otherwisediminution or abatement of Rent.

Appears in 3 contracts

Samples: Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.)

Access to Premises. Section 14.1 15.1. (a) Tenant shall permit Landlord, Landlord’s 's agents and independent contractors and public utilities servicing the Building to erect, use and maintain have reasonable access for the purpose of maintaining existing concealed ducts, pipes and conduits in and through and to access all Common Areas within the Premises, provided that Landlord will not thereby reduce the rentable area Building and all Common Areas comprising a portion of the Premises, other than to a de minimis extentLand. Landlord or Landlord’s 's agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency)) reasonable prior notice, which notice may be oral, to examine the same, to show them the same to prospective purchasers, Mortgagees, Lessors Mortgagees or lessees of the Building and their respective agents and representatives or prospective tenants of the Premisesspace therein, and to make such repairs, alterations, improvements or additions (ai) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (bii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be required) following Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (ciii) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and Additional Rent will not any other item of Rental) shall in no respect xxxxx or be abated while reduced by reason of said repairs, alterations, improvements or additions additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall promptly repair any damage caused to the Premises by such work, alterations, improvements or additions. Tenant shall, at Tenant's cost, take such action as may be reasonably necessary to grant to Landlord, its agents and independent contractors clearance and access by means of the Security System for the purposes herein set out.

Appears in 3 contracts

Samples: Agreement of Lease (Harrahs Entertainment Inc), Agreement (Harrahs Entertainment Inc), Purchase and Sale Agreement (Harrahs Entertainment Inc)

Access to Premises. Section 14.1 Owner or Owner's agents shall have the right (but shall not be obligated) to enter the demised premises in any emergency at any time, and, at other reasonable times, to examine the same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building Owner to erect, use and maintain concealed ducts, and replace pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, demised premises and to make such repairserect new pipes and conduits therein provided they are concealed within the walls, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Buildingfloor, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform ceiling. Owner may, during progress of any work which Tenant is obligated to in the demised premises, make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, all necessary materials and Landlord shall be allowed to take all material equipment into and upon the Premises that may be required therefor said premises without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant's property therefrom Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or otherwise.incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder. VAULT, VAULT SPACE, AREA: ------------------------

Appears in 2 contracts

Samples: Agreement of Lease (Wealthhound Com Inc), Sublease Agreement (Wealthhound Com Inc)

Access to Premises. Section 14.1 Upon reasonable notice to Tenant, and during Tenant’s business hours, Landlord and their respective employees, contractors, agents and representatives may enter onto the Premises to (i) show the Premises to purchasers and potential purchasers, and to mortgagees and potential mortgagees, or (ii) for the purpose of inspecting the Premises or performing any work which Landlord is required or permitted to perform under this Lease; provided, that, for purposes of subpart (ii) of this sentence, Landlord shall not be required to give notice prior to entry onto the Premises during the continuance of an Event of Default (hereinafter defined) or in the event of an emergency situation. Upon reasonable notice to Tenant, during the last six (6) months of the then-current Term, unless Tenant shall permit Landlordhave exercised the next Renewal Option, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to also may enter onto the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine show the Premises to persons wishing to rent the same, to show them to prospective purchasers, Mortgagees, Lessors and place notices offering the Premises “For Rent” or lessees “For Sale” on the front of the Building and their respective agents and representatives Building. However, Landlord shall not place any such notices on or prospective tenants in any door or show window of the Building. No such entry shall constitute an eviction of Tenant but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Notwithstanding the foregoing, Tenant may designate one or more areas as a secure area based on the sensitive nature of the activities conducted in such portion of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion shall have no right of the Building, or (b) which Landlord may elect to perform following access thereto without being accompanied by Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for designated representative except in the purpose case of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseemergencies.

Appears in 2 contracts

Samples: Lease (Savvis Communications Corp), Certificate and Agreement (Savvis Communications Corp)

Access to Premises. Section 14.1 Tenant Landlord shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right be entitled to enter upon the Premises at all reasonable times during Tenant’s customary business hours, upon reasonable notice given no less than forty-eighty (48) hours in advance, for purposes of inspecting the Premises for potential repairs, or making any repairs thereto or to Landlord’s adjoining property. Also, during the last ninety (90) days of the Lease Term (or commencing on such earlier date, if any, as Tenant advises Landlord that Tenant does not intend to extend or renew the Lease Term) Landlord shall be entitled to enter upon the Premises for purposes of placing any “For Lease” notices on or about the Premises, or to show or display the Premises. No such notices shall be removed, molested or hidden by Tenant. Landlord may, without prior notice (except no such prior notice shall be required in case of an emergency, enter the Premises to remedy such emergency, in which event Landlord shall give Tenant written notice within twenty-four (24) hours thereafter of the reason for and time of entry and of all actions taken by Landlord and the cost thereof. In the event of any entry pursuant to this Paragraph 3.5, Landlord shall not unreasonably interfere with the conduct of Tenant’s operations. Landlord shall coordinate with Tenant regarding both the scope and timing of any repair work in the Premises prior to the performance of any such repair work. In the event such repair work would unreasonably interfere with the conduct of Tenant’s operations (as reasonably determined by Tenant), which notice may be oral, then Landlord shall take such precautions as reasonably requested by Tenant to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as minimize any unreasonable interference thereto. Provided Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following uses commercially reasonable judgment in minimizing unreasonable interference with Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Leaseoperations, or (c) for the purpose of complying with Legal Requirements, and Landlord Landlord’s entry shall not be allowed to take all material into and upon the Premises that may be required therefor without the same constituting deemed an eviction actual or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business disturbance of Tenant, . Nothing contained in this Paragraph 3.5 or otherwiseelsewhere in this Lease shall obligate Landlord in any fashion under any circumstances to enter or inspect the Premises.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Premier Exhibitions, Inc.), Industrial Lease Agreement (Premier Exhibitions, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent13. Landlord Owner or LandlordOwner’s agents shall have the right (but shall not be obligated) to enter the Premises demised premises in any emergency at all any time, and at other reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oraltimes, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord Owner may deem necessary or and reasonably desirable to the Premises demised premises or to any other portion of the Building, building or (b) which Landlord Owner may elect to perform following Tenant’s failure perform. Owner shall not enter upon the demised premises except upon reasonable advance notice which may be oral (except in the case of an emergency, in which case notice shall be given as soon as practicable) and Owner shall make reasonable efforts to make repairs minimize the disturbance caused by any entry upon the premises. Tenant shall permit Owner to use and maintain and replace pipes, ducts, and conduits in and through the demised premises and to erect new pipes, ducts, and conduits therein, provided they are concealed within the walls, floors, or perform ceiling. Owner may, during the progress of any work which Tenant is obligated to make or perform under this Leasein the demised premises, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material necessary materials and equipment into and upon the Premises that may be required therefor said premises without the same constituting an eviction or constructive eviction eviction, nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairsprogress, alterations, improvements or additions are being made, nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term, for the purpose of showing the same to prospective tenant. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or otherwiseincurring liability to Tenant for any compensation, and such act shall have no effect on this lease or Tenant’s obligations hereunder. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building, is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to be the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed Constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be paid by Tenant. Occupancy: 15. Tenant will not at any time use or occupy the demised premises in violation of the certificate of occupancy issued for the building of which the demised premises are a part. Tenant has inspected the demised premises and accepts them as is. In any event, Owner makes no representation as to the condition of the demised premises, and Tenant agrees to accept the same subject to violations, whether or not of record, except as set forth in this Lease.

Appears in 2 contracts

Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right right, if it so elects, to enter upon the Premises at all reasonable times upon reasonable prior hours, with advance notice (to Tenant except no such prior notice shall be required in case emergencies, for the purpose of emergency), which notice may be oral, to examine inspecting the same, determining Tenant's compliance with this Lease, repairing or maintaining any pipes, conduits or ducts (whether same are used in the supply of services to show them Tenant or to prospective purchasers, Mortgagees, Lessors or lessees other occupants of the Building building or adjacent buildings) or in connection with construction work or any other improvements, repairs or alterations in and their respective agents and representatives or prospective tenants of about the Premises, and building. If Landlord deems it necessary to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make and repairs or perform any work replacements necessary for which Tenant is obligated to make or perform responsible under this Lease, or (c) for Landlord may demand in writing that Tenant make the purpose of complying with Legal Requirementssame, and if Tenant refuses or neglects to commence such repairs or replacements in good faith or fails to complete the same with reasonable dispatch, Landlord may make or cause such repairs or replacements to be made; and, in so doing, Landlord shall not be allowed responsible to take all material into and upon the Premises Tenant for any loss or damage that may accrue to Tenant's business by reason thereof. If Landlord makes or causes such repairs or replacements to be required therefor without made, Tenant shall forthwith pay landlord upon demand the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and full costs thereof as Additional Rent will not be abated while said repairshereunder with late charges and interest as prescribed in Section 8.1 above; and, alterationsif Tenant shall default in such payment, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseLandlord shall have all the remedies provided in Article 21 and elsewhere in this Lease.

Appears in 2 contracts

Samples: Healthcore Medical Solutions Inc, Healthcore Medical Solutions Inc

Access to Premises. Section 14.1 15.1 (a) Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the PremisesPremises provided same are concealed within existing floors, provided that Landlord will ceilings and walls and do not thereby reduce the rentable usable area of the PremisesPremises and provided Tenant receives prior reasonable notice and provided further that any installation shall be made while Tenant is present. Subject to scheduling with Tenant, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice and (except no such prior notice shall be required in case of emergency), which notice may be oralin the company of a representative of Tenant (except in an emergency), provided that Tenant has provided a representative at the designated time stated by Landlord, to reasonably examine the same, to show them to prospective purchasers, Mortgagees, Superior Lessors or or, during the last twelve (12) months of the Term, lessees of the Building and their respective agents and representatives or prospective tenants of the Premises. Landlord shall have the right, upon notice to Tenant as provided in the preceding sentence and scheduling with Tenant, to make such repairs, alterations, improvements or additions to the Premises (ai) as Landlord may deem reasonably necessary or desirable to the Premises or to any other portion of the Building, or (bii) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this LeaseLease after notice to Tenant and the expiration of any applicable cure period, or (ciii) for the purpose of complying with Legal RequirementsLaws, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord will use commercially reasonable effort to not interfere with or materially disrupt Tenant’s operations at the Premises and will adhere to or comply with Tenant’s reasonable security requirements.

Appears in 2 contracts

Samples: Agreement of Lease (Emdeon Inc.), Agreement of Lease (Emdeon Inc.)

Access to Premises. Section 14.1 Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord's right to enter the Premises shall permit Landlord, Landlord’s agents and public utilities servicing include the Building right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain concealed ductsscaffolding, pipes pipes, conduits and conduits other necessary structures in and through the PremisesPremises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case any time on oral notice. Except to the extent caused by Landlord's gross negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors occupancy or lessees of the Building and their respective agents and representatives or prospective tenants quiet enjoyment of the Premises, and any right to make such repairsabatement of Rent, alterations, improvements or additions (a) as Landlord may deem necessary or desirable any other loss occasioned by Landlord's exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to any other portion of the Buildingbe a forcible or unlawful entry into, or (b) which a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord may elect to perform following Tenant’s failure to make repairs or shall perform any work which Tenant is obligated pursuant to make or perform under this Lease, or (c) for the purpose Section 21 in a manner designed to cause as little interference with Tenant's use of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises as is reasonably practical, provided, however, that may be required therefor without Landlord and Tenant shall cooperate as to the same constituting an eviction or constructive eviction timing and staging of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairsany such work. To the extent reasonably practicable, alterations, improvements or additions are being made, by reason of loss or interruption of any entry shall occur during normal business of Tenant, or otherwisehours.

Appears in 2 contracts

Samples: Real Estate Sales Contract and Escrow Instructions (Lawson Products Inc/New/De/), Agreement of Lease (Lawson Products Inc/New/De/)

Access to Premises. Section 14.1 13.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ducts, pipes and conduits in and through the Demised Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or and Landlord’s 's agents shall have the right to enter the Demised Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oraltimes, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to clean and make such repairs, alterations, decorations, additions and improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsdesirable, and Landlord shall be allowed to take all material into and upon the Demised Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part part, and Fixed subject to the provisions of Article 10, the Base Annual Rent and Additional Rent will not be abated while reserved shall in no wise xxxxx white said repairs, alterations, decorations, additions or improvements or additions are being made, by reason of loss inconvenience, annoyance or interruption of injury to the business of TenantTenant because of the prosecution of any such work, or otherwise.. Landlord and Landlord's agents are expressly granted permission to show Demised Premises at any reasonable time to prospective tenants, mortgagees, purchasers, Lessees of the Building and other persons with a business interest therein. 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 Demised Premises, without elimination or abatement of rent or other compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into Demised Premises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, 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 (I during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property therefrom, Landlord may immediately enter and alter, renovate and redecorate Demised Premises, without elimination or abatement of rent or other compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into Demised Premises, a any time, when for any reason an entry therein shall be necessary or permissible hereunder, 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 manner affecting the obligations, terms, covenants, conditions, provisions or agreement 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 Park or the Building or any part thereof, other than an otherwise provided in this Lease. TENANT'S INSURANCE

Appears in 2 contracts

Samples: Letter and Construction Agreement (Homelife Inc), Letter and Construction Agreement (Homelife Inc)

Access to Premises. Section 14.1 Tenant shall shall: (i) permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ductspipes, pipes ducts and conduits in and through the Premises, provided that Landlord will the same do not thereby materially reduce the rentable floor area or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have reasonable access to and to enter upon the Premises at all reasonable hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment, provided that such storage does not adversely affect Tenant’s access to or the use and occupancy of the Premises); and (iii) permit Landlord, other than at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit an entry 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 de minimis extent. master key, or, in the event of an emergency, 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; provided, however, except in an emergency, Landlord shall use reasonable efforts to schedule any access in advance with Tenant and at times when Tenant is reasonably able to have the right a representative present during such access. Landlord shall exercise its rights of access to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees permitted under any of the Building terms and their respective agents provisions of this Lease in such manner as to minimize to the extent practicable interference with Txxxxx’s use and representatives or prospective tenants occupation of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 2 contracts

Samples: Confidentiality Agreement (Hubspot Inc), , and Attornment Agreement (Hubspot Inc)

Access to Premises. SECTION 14.1 Subject to the provisions of Section 14.1 5.3, Tenant shall permit Landlord, Landlord’s agents 's agents, and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or and Landlord’s agents 's agents, shall have the right to enter the Premises at all reasonable times upon reasonable forty-eight (48) hours' prior notice (except no such prior notice shall be required in case of emergencya condition posing an imminent threat of harm to persons or property), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of all or any part of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem reasonably necessary or desirable to the Premises or to any other portion of the BuildingProperty, or (b) which Landlord may elect to perform following Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be reasonably required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise, unless caused by Landlord's gross negligence or willful misconduct. Landlord covenants and agrees, in exercising its rights under this Article 14, to use commercially reasonable efforts to minimize interference with Txxxxx's use and enjoyment of the Premises.

Appears in 2 contracts

Samples: Disturbance and Attornment Agreement (Athenahealth Inc), Disturbance and Attornment Agreement (Athenahealth Inc)

Access to Premises. Section 14.1 After reasonable notice, Tenant shall agrees to permit Landlord, Landlord’s agents Landlord and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that authorized representatives of Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall during usual business hours for the purpose of inspecting, making any necessary repairs required or permitted to be made by Landlord hereunder, conducting environmental testing, and performing any work therein required in case of emergency), which notice or permitted to be made by Landlord hereunder that may be oralnecessary to comply with any laws, to examine the sameordinances, to show them to prospective purchasersrules, Mortgagees, Lessors regulations or lessees requirements of any public authority or of the Building and their respective agents and representatives Board of Fire Underwriters or prospective tenants of the Premises, and to make such repairs, alterations, improvements any similar body or additions (a) as that Landlord may deem necessary to prevent waste or desirable deterioration in connection with the Premises. Nothing herein shall imply any duty upon the part of Landlord to do any such work that, under any provision of this Lease, Tenant may be required to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant’s default in failing to perform the same. The Landlord may, during the progress of any work in the Premises, keep and store upon the Premises all necessary materials, tools and equipment. The Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of Tenant by reason of making repairs or the performance of any work in the Premises, or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected in any manner whatsoever so long as Landlord uses reasonable care to minimize its disturbance of Tenant’s business operations hereunder. Tenant agrees that no additional locks will be placed on any of the doors to the Premises without the written consent of Landlord. Landlord reserves the right to enter upon the Premises at any time in the event of an emergency and, after reasonable notice, at reasonable hours to exhibit the Premises to prospective purchasers or others; and to any other portion exhibit the Premises to prospective tenants and to display “For Lease” or similar signs on windows or doors in the Premises during the last twelve months of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under Term of this Lease, all without hindrance or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, molestation by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 2 contracts

Samples: Commercial Lease (Entellus Medical Inc), Commercial Lease (Entellus Medical Inc)

Access to Premises. Section 14.1 Tenant Lessee shall permit Landlordhave access to the Leased Premises 24 hours per day, Landlord’s agents and public utilities servicing 7 days per week, 365 days per year. Lessee agrees that Lessor, its agents, servants or employees, or any person authorized by Lessor, may enter the Building Leased Premises during usual business hours (i) upon two (2) business days’ prior written notice to erect, use and maintain concealed ducts, pipes and conduits in and through inspect the Premises, provided that Landlord will not thereby reduce the rentable area condition of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairsrepairs as Lessor may be required or permitted to make under the provisions of this Lease, alterations(i) at any time without prior notice (but Landlord shall use commercially reasonable efforts to provide prior notice if possible), improvements or additions to exhibit the same to prospective purchasers of the Leased Premises, and, (aiii) as Landlord may deem necessary or desirable within ninety (90) days prior to the Premises or to any other portion termination of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for any extensions thereof, to exhibit the purpose of complying with Legal Requirements, Leased Premises to prospective tenants and Landlord shall be allowed to take all material into place in and upon the Premises premises at such places as Lessor may determine “For Rent” signs or notices; provided, however, that may be required therefor without the same constituting an eviction such signs or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will notices shall not be abated while said repairsplaced in positions in which they would unreasonably interfere with the continued conduct of Lessee’s business or obstruct Lessee’s own signs as then erected. Nothing herein contained, alterationshowever, shall be deemed or construed to impose upon Lessor any obligation or liability whatever for care, supervision, repair, improvement, addition, change or alteration of the Leased Premises or the building or improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwisethereon other than as expressly provided in this Lease.

Appears in 2 contracts

Samples: Contribution and Distribution Agreement (Xpedx Holding Co), Contribution and Distribution Agreement (Xpedx Holding Co)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except except; no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements pursuant to this Section 14.1, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever.

Appears in 2 contracts

Samples: Switch & Data, Inc., Switch & Data, Inc.

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s 's agents and designees shall have the right to enter the Demised Premises at all reasonable times upon reasonable five (5) days' prior notice (which may be telephonic), except that no such prior notice shall be required in case the event of an emergency), which notice may be oral, to inspect or examine the same, and to show them to prospective purchasers, Mortgagees, Lessors purchasers or lessees mortgagees of the Building and their respective agents and representatives or prospective tenants of the Premises, Demised Premises and to make such tests, repairs, alterations, improvements or additions (a) as Landlord may reasonably deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsdesirable, and Landlord shall be allowed to take all material into and upon the Demised Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part part, and Fixed the Annual Base Rent and Additional Rent will shall in no way xxxxx (provided the Demised Premises are not rendered entirely unusable thereby, and if a portion of the Demised Premises is rendered entirely unusable thereby and Tenant does not in fact use such portion of the Premises, then there shall be abated a proportionate abatement of Rent) while said repairs, alterations, improvements improvements, or additions are being made, by reason of loss or interruption of the business of Tenant, or otherwise. In the exercise of its rights under this Section, Landlord shall use all reasonable efforts, which shall not include the use of overtime labor, to minimize interference with Tenant's conduct of business in the Demised Premises during normal business hours. During the six (6) months prior to the expiration of the Lease Term, Landlord may exhibit the Demised Premises to prospective lessees and place upon the Demised Premises the usual "To Let" or "For Rent" notices.

Appears in 2 contracts

Samples: And Option Agreement (Ha Lo Industries Inc), Lease (Ha Lo Industries Inc)

Access to Premises. Section 14.1 Tenant and its architects, engineers, consultants, and contractors shall permit Landlordhave access prior to the Projected Commencement Date, Landlord’s agents at reasonable times (which shall include weekends and public utilities servicing evenings) and upon advance notice and coordination with the Building to erectmanagement, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying inspecting Landlord Work and planning and constructing Tenant Work. Such access shall not in any manner unreasonably interfere with Legal RequirementsLandlord Work. Further, such access shall not cause any delay in Substantial Completion of the Landlord Work. Tenant shall submit for Landlord's approval the desired time(s) of entry, scope of work to be performed and the names of the contractor(s) who will perform such work. Such access, and Landlord all acts and omissions in connection with it, shall be allowed subject to take and governed by all material into and upon other provisions of the Premises Lease, including Tenant's indemnification obligations, insurance obligations, etc., except that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will shall not be abated while said repairsobligated to pay Monthly Base Rent or Tenant's Share of Operating Expenses or Taxes. To the extent that such access by Tenant delays the Substantial Completion of the Landlord Work, alterationssuch delay shall be a Tenant Delay and the Landlord Work shall be deemed Substantially Complete on the date such Landlord Work would have been completed but for such access. To the extent that such access by Tenant increases the cost of Landlord Work, improvements Tenant shall pay Landlord such increase(s) within five (5) business days after written notice from Landlord of such amount, and if such payment is not timely received by Landlord, Landlord may, at its option, in addition to all other rights and remedies of Landlord, revoke or additions are being made, suspend any prior permission for such access by reason of loss or interruption of business of Tenant, or otherwiseTenant until payment is received.

Appears in 2 contracts

Samples: NNN Lease (United Natural Foods Inc), NNN Lease (United Natural Foods Inc)

Access to Premises. Section 14.1 Tenant shall shall: (i) permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ductspipes, pipes ducts and conduits in and through the Premises, provided that Landlord will the same do not thereby materially reduce the rentable floor area or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have reasonable access to and to enter upon the Premises at all reasonable hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment, provided that such storage does not adversely affect Tenant’s access to or the use and occupancy of the Premises); and (iii) permit Landlord, other than at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit an entry 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 de minimis extent. master key, or, in the event of an emergency, 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; provided, however, except in an emergency, Landlord shall use reasonable efforts to schedule any access in advance with Tenant and at times when Tenant is reasonably able to have the right a representative present during such access. Landlord shall exercise its rights of access to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees permitted under any of the Building terms and their respective agents provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and representatives or prospective tenants occupation of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 2 contracts

Samples: , and Attornment Agreement (Hubspot Inc), Confidentiality Agreement (Hubspot Inc)

Access to Premises. Section 14.1 16.1 Landlord’s Access To Premises. Landlord, and its agents, representatives, employees and contractors may enter the Premises at any reasonable time to inspect the Premises and to make such repairs as may be required or permitted pursuant to this Lease, to perform such environmental tests as my be reasonably required to confirm Tenant’s compliance with the terms hereof and for any other business purpose. Landlord and Landlord’s employees and representatives may enter the Premises during business hours on not less than 48 hours advance written notice (except in the case of emergencies in which case no such notice shall be required and such entry may be at any time) for the purpose of effecting any such repairs, inspecting the Premises, showing the Premises to prospective purchasers or lenders and during the last year of the Term, to prospective tenants or for any other business purpose. If Tenant shall not be personally present to open and permit Landlordan entry into said Premises during an emergency, Landlord or Landlord’s agents and public utilities servicing may enter the Building to erectsame by a master key, use and maintain concealed ductsor may forcibly enter the same, pipes and conduits in and through the Premises, provided that without rendering Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. or such agents liable therefore (if during such entry Landlord or Landlord’s agents shall have accord reasonable care to Tenant’s property) and without in any manner affecting the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice obligations and covenants of this Lease. Nothing herein contained, however, shall be required in case of emergency)deemed or construed to impose upon Landlord any obligations, which notice may be oralresponsibility or liability whatsoever, to examine for the samecare, to show them to prospective purchasers, Mortgagees, Lessors supervision or lessees repair of the Building and their respective agents and representatives or prospective tenants of the Premisesany part thereof, and to make such repairsother than as herein provided. Except in an emergency, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction accompanied by a representative of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated at all times while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseon the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Chimerix Inc), Lease Agreement (Chimerix Inc)

Access to Premises. Section 14.1 15.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will such installations (i) are concealed within existing walls, columns and ceilings, to the extent feasible, and where not thereby reduce feasible, are appropriately furred and finished, (ii) do not cause the rentable usable area of the Premises, other than Premises to be reduced except to a de minimis extent, and (iii) do not interfere, except to a de minimis extent, with Tenant’s use and occupancy of the Premises. Landlord shall promptly repair any damage to the Premises, Alterations or Tenant’s Property caused by any work performed pursuant to this Article 15. Landlord shall undertake any such work in such a manner so as to minimize any interference that might be occasioned to Tenant’s business operations and to minimize any damage that might result to the appearance or function of the affected areas of the Premises; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, except as provided in Section 6.3. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Superior Lessors or ground lessees of the Building and their respective agents and representatives representatives, or (during the final 12 months of the Term) to prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (ai) as Landlord may deem necessary or desirable to the Premises Premises, to the extent expressly set forth herein, or to any other portion of the Building, or (bii) which Landlord may elect to perform following Tenant’s failure failure, after notice and an opportunity to cure, except in an emergency, to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (ciii) for the purpose of complying with Legal Requirementsapplicable Laws, and Landlord shall be allowed to take all material into and upon the Premises that may be to the extent required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part part, and Fixed Rent and Additional Rent will not be abated (except as expressly provided in this Lease) while said such repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 2 contracts

Samples: Agreement of Lease (Doubleclick Inc), WebMD Health Holdings, Inc.

Access to Premises. Section 14.1 To enter the Premises in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder, (iii) show the Premises to current and prospective Lenders, insurers, purchasers, tenants (but with respect to tenants, only during the following periods: (i) if the then existing Premises consists of the Premises initially leased hereunder, only during the last 270 days of the Term, or (ii) if the then existing Premises consists of the Premises initially leased hereunder plus additional premises in the Building, only during the last 365 days of the Term), brokers and governmental authorities, (iv) decorate, remodel or alter the Premises if Tenant shall permit Landlordabandon the Premises at any time, Landlordor shall vacate the same during the last 120 days of the Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Paragraph C, below, or exercise other rights of Landlord under this Lease or applicable Laws. However, Landlord shall: (a) provide not less than 24 hours’ advance written or oral notice to Tenant’s agents on-site manager or other appropriate person (except in emergencies in which case Landlord shall provide such notice as may be reasonable under the circumstances, if any and public utilities servicing except in respect of cleaning or ordinary maintenance or repairs), (b) take reasonable steps to minimize any significant disruption to Tenant’s business, and following completion of any work, return Tenant’s leasehold improvements, fixtures, property and equipment to the Building original locations and condition to erectthe fullest extent reasonably possible, use and maintain concealed ducts, pipes and conduits in and through (c) shall not change the Premises, provided that Landlord will not thereby configuration or reduce the rentable area square footage of the Premises, unless required by Laws or other than to a de minimis extent. Landlord or causes beyond Landlord’s agents shall have reasonable control (and in the right to enter event of any permanent material reduction, the Rent and other rights and obligations of the parties based on the square footage of the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required proportionately reduced). Tenant shall not place partitions, furniture or other obstructions in case of emergency), the Premises which notice may be oral, prevent or impair Landlord’s access to examine the same, to show them to prospective purchasers, Mortgagees, Lessors Systems and Equipment for the Property or lessees of the Building systems and their respective agents and representatives or prospective tenants of equipment for the Premises, and to make . If Tenant requests that any such repairs, alterations, improvements access occur before or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenantafter Landlord’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, regular business hours and Landlord approves, Tenant shall be allowed to take pay all material into overtime and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant other additional costs in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseconnection therewith.

Appears in 2 contracts

Samples: Lease (New Relic Inc), Office Lease (New Relic Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through To enter the Premises, without such entry constituting an actual or constructive eviction, in order to: (i) inspect, (ii) supply services to be provided that Landlord will not thereby reduce Tenant hereunder, (iii) show the rentable area Premises to current and prospective Lenders, insurers, purchasers, brokers, and governmental authorities at any time during the Term and to show the Premises to prospective tenants at any time during the last six (6) months of the PremisesTerm, (iv) decorate, remodel, or alter the Premises if Tenant shall abandon the Premises at any time, or shall vacate the same during the last one hundred twenty (120) days of the Term (without thereby terminating this Lease), and (v) perform any work or take any other than actions under Section 19(C) below, or exercise other rights of Landlord under this Lease or applicable Laws. However, Landlord shall: (a) provide reasonable advance written or oral notice of at least twenty-four (24) hours to Tenant’s on-site manager or other appropriate person for matters which will involve a de minimis extent. significant disruption to Tenant’s business (except in emergencies, in which case Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable any time without prior notice (except no such prior notice shall be required in case of emergencyto Tenant), which notice may be oral(b) take reasonable steps to minimize disruption to Tenant’s business, and following completion of any work, return Tenant’s leasehold improvements, fixtures, property and equipment to examine the sameoriginal locations and condition to the fullest extent reasonably possible, to show them to prospective purchasers, Mortgagees, Lessors and (c) not materially change the configuration or lessees of reducing the Building and their respective agents and representatives or prospective tenants square footage of the Premises, unless required by Laws or other causes beyond Landlord’s reasonable control (and to make such repairsin the event of any permanent material reduction, alterationsthe Rent and other rights and obligations of the parties based on the square footage of the Premises shall be proportionately reduced). Tenant shall not place partitions, improvements furniture, or additions (a) as Landlord other obstructions in the Premises which may deem necessary prevent or desirable impair Landlord’s access to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) Systems and Equipment for the purpose of complying with Legal Requirements, Property or the systems and equipment for the Premises. If Tenant requests that any such access occur before or after Landlord’s regular business hours and Landlord approves, Tenant shall be allowed to take pay all material into overtime and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant other additional costs in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseconnection therewith.

Appears in 2 contracts

Samples: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at all any time, and, at other reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency)notice, which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem necessary or and reasonably desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform following and such access by Landlord shall not reduce the usable area of the Premises (other than to a de minimis amount) and shall not have a material adverse impact on Tenant’s failure access to make repairs or the Premises. Landlord shall use its reasonable commercial efforts in order to minimize any interference with Tenant’s business operations during any access to the Premises, but this shall not be construed so as to require Landlord to perform any work which on an overtime or other premium pay basis. Tenant is obligated shall permit Landlord to make use and maintain and replace pipes and conduits in and through the Premises and to erect new pipes and conduits therein provided they are concealed within the walls, floor or perform under this Lease, or (c) for ceiling. Landlord may during the purpose progress of complying with Legal Requirements, and Landlord shall be allowed to any work in the Premises take all material necessary materials and equipment into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Throughout the term hereof Landlord shall have the right to enter the Premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the Building and during the last six months of the Term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the Premises during an emergency, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. 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, alter, renovate or redecorate the Premises without limitation or abatement of rent, or otherwiseincurring liability to Tenant for any compensation and such act shall have no effect on this Lease or Tenant’s obligations hereunder. Tenant shall have access to the Premises seven (7) days a week, twenty-four (24) hours per day, subject only to landlord’s security rules and regulations.

Appears in 1 contract

Samples: Agreement of Lease (Borderfree, Inc.)

Access to Premises. Section 14.1 Tenant shall permit (A) Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents 's agents, shall have the right (but shall not be obligated) to enter the Premises in an emergency, at all any time, and, at other reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oraltimes, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem reasonably necessary or desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform in the Premises following Tenant’s failure 's failure, after the expiration of any notice and/or grace period provided under this Lease, or promptly in the event of an emergency, respectively, as the case may be, to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for any other reasonable purpose. Tenant shall permit Landlord to use, maintain and replace pipes and conduits in and through the purpose Premises and to erect new pipes and conduits therein, provided such new pipes and conduits are, to the extent practicable, within the walls, above the ceiling or below the finished floor or, if not practicable, then "snug" to columns or ceilings whenever practicable as will not materially interfere with or impair Tenant's layout or use of complying with Legal Requirementsthe Premises or detract from the appearance thereof. Landlord may, and Landlord shall be allowed to during the progress of any work in the Premises, take all material necessary materials and equipment into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant Rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise; provided, however, no such exercise of this right by Landlord shall unreasonably impair Tenant's access to, or otherwiseotherwise unreasonably or materially interfere with Tenant's ability to use the Premises as contemplated by this Lease, subject, however to Section 14.2 and 25.2 of this Lease.

Appears in 1 contract

Samples: Paine Webber Group Inc

Access to Premises. Section 14.1 Tenant shall permit LandlordLandlord and its employees, Landlord’s agents servants and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right right, upon 24 hours’ prior notice, to enter the Premises during business hours, or at all such other reasonable times upon reasonable prior notice (except no such prior notice shall be required in case for the purpose of emergency)examining or inspecting the Premises to ensure that Tenant is complying with all of its obligations hereunder, which notice may be oral, to examine showing the same, to show them same to prospective purchasers, Mortgageesmortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the PremisesOffice Unit, performing janitorial, cleaning, maintenance and repair services, including, but not limited to regular HVAC service repairs, maintenance, and to make replacement, and making such alterations, repairs, alterations, improvements or additions (a) to the Premises or other portions of the Property as Landlord may deem necessary or desirable desirable. Notwithstanding the foregoing, prior to Landlord's entry into the Premises other than in an emergency or to any other portion for purposes of the Buildingperforming Landlord's normal janitorial, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform cleaning, maintenance and repair services contemplated under this LeaseLease (for which entry no advance notice shall be required), or Landlord shall provide at least twenty-four (c24) for the purpose of complying hours prior notice to Tenant (which notice need not be in writing). In connection with Legal Requirementsany such entry, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part part, and Fixed the Rent and Additional Rent will shall not be abated xxxxx while said alterations, repairs, alterations, improvements or additions are being made, made by reason of loss or interruption of business of Tenant, Tenant or otherwise. If representatives of Tenant shall not be present to open and permit entry into the Premises at any time when such entry by Landlord is necessary or permitted hereunder, Landlord may enter by means of a master key (or forcibly in the event of an emergency) without liability to Tenant and without such entry constituting an eviction of Tenant or termination of this Lease.

Appears in 1 contract

Samples: Commencement Date Agreement (Duolingo, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s 's agents shall have the right (but shall not be obligated) to enter the Demised Premises in any emergency at all any time, and, at other reasonable times during business hour upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oralto Tenant, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem necessary or and reasonably desirable to the Demised Premises or to any other portion of the Building, building or (b) which Landlord may elect to perform following Tenant’s failure perform. Tenant shall permit Landlord to make repairs use and maintain and replace pipes and conduits in and through the Demised Premises and to erect new pipes and conduits therein provided they are concealed within the walls, floor, or perform ceiling. Landlord may, during the progress of any work which Tenant is obligated to make or perform under this Leasein the Demised Premises, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material necessary materials and equipment into and upon the Premises that may be required therefor said premises, without the same constituting an eviction or constructive eviction nor shall Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Landlord shall have the right to enter the Demised Premises at reasonable business hours, upon prior notice to Tenant, for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term for the purposes of showing the same to prospective tenants. If during the last month of the term, Tenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may, upon Tenant's written consent, immediately enter, alter, renovate or redecorate the Demised Premises without limitation or abatement of rent, or otherwiseincurring liability to Tenant for any compensation and such act shall have no effect on this Lease or Tenant's obligations hereunder.

Appears in 1 contract

Samples: Office Lease (On Site Sourcing Inc)

Access to Premises. Section 14.1 Tenant shall shall: (i) permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ductspipes, pipes ducts and conduits in and through the Demised Premises, provided that Landlord will the same do not thereby materially reduce the rentable floor area or materially adversely affect the appearance thereof; (ii) permit the Landlord and any Mortgagee to have free and unrestricted access to and to enter upon the Demised Premises at all reasonable hours (upon 24 hours prior notice except in case of emergency) for the purposes of inspection or of making repairs, replacements or improvements in or to the Demised Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Demised Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times and upon 24 hours prior notice, to show the Demised Premises during ordinary business hours to any Mortgagee, prospective purchaser of any interest of Landlord in the Property, prospective Mortgagee, or prospective assignee of any Mortgage, and during the period of twelve months next preceding the Termination Date to any person contemplating the leasing of the PremisesDemised Premises or any part thereof. If Tenant shall not be personally present to open and permit any entry into the Demised Premises at any time when for any reason an entry therein shall be necessary or permissible pursuant to the terms of this Lease or by law, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right must nevertheless be able to enter the Premises at all reasonable times upon reasonable prior notice (except no gain such prior notice entry by contacting a responsible representative of Tenant, whose name, address and telephone number shall be required furnished by Tenant. Provided that Landlord shall not be obligated to employ labor at so-called “over-time” or other premium pay rates, Landlord shall exercise its rights of access to the Demised Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize to the extent practicable interference with Tenant’s use and occupation of the Demised Premises. Notwithstanding the foregoing, any entry (other than in case of emergency)) by Landlord, which notice may any Mortgagee or any of their agents or representatives shall be oralsubject to Tenant’s reasonable security requirements, including but not limited to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees requirement that a representative of Tenant accompany such parties when in certain parts of the Building and their respective agents and representatives or prospective tenants of the Demised Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Fluidigm Corp)

Access to Premises. Section 14.1 Tenant shall shall: (i) permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ductspipes, pipes wires, ducts and conduits in and through the Premises, provided that Landlord will the same do not thereby materially reduce the rentable floor area or materially adversely affect the appearance thereof or materially adversely interfere with Tenant's use of the Premises for the Use of the Premises, other than ; (ii) permit the Landlord and any Mortgagee to a de minimis extent. Landlord or Landlord’s agents shall have the right free and unrestricted access to and to enter upon the Premises at all reasonable hours for the purposes of inspecting equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or making repairs, replacements or improvements in or to the Premises, the Building or elsewhere on the Property or complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times and upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may need only be oralreasonable given the applicable circumstances and need not be in writing or given in strict compliance with Article 23.0 hereof, to examine the same"BILLS AND NOTICES"), to show them the Premises during ordinary business hours to any Mortgagee, prospective purchaserspurchaser of any interest of Landlord in the Building, Mortgageesthe Property or any portion thereof, Lessors prospective Mortgagee, or lessees prospective assignee of any Mortgage, and during the period of twelve months next preceding the Term Expiration Date to any person contemplating the leasing of the Building Premises or any part thereof. If during the last month of the Term, Tenant shall have removed substantially all of Tenant's property from the Premises, Landlord may immediately enter and their respective alter, renovate and redecorate the Premises, without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit any entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents must nevertheless be able to gain such entry by contacting a responsible representative of Tenant, whose name, address and representatives or prospective tenants telephone number shall be furnished by Tenant. Landlord shall exercise its rights of access to the Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize, to the extent practicable, interference with Tenant's use and occupation of the Premises. If an excavation shall be made or authorized by the Landlord to be made upon the Property, and to make such repairsTenant shall afford, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the person causing or authorized to cause such excavation, license to enter upon the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsdoing such work as said person shall deem necessary to preserve the Building, the Property or any portion thereof from injury or damage and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without support the same constituting an eviction by proper foundations without any claim for damage or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenantindemnity against Landlord, or otherwisediminution or abatement of Rent.

Appears in 1 contract

Samples: Lease Agreement (NeuroMetrix, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents Landlord and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents its authorized designees shall have the right to enter upon the Premises during regular business hours (and in emergencies at all times) for all reasonable times upon reasonable prior notice purposes including the following: (except no such prior notice shall be required in case of emergency), which notice may be oral, i) to examine inspect or exhibit the same, to show them Premises to prospective purchasers, Mortgageesmortgagees and tenants; (ii) to erect, Lessors use, maintain and/or repair pipes, cables, conduits, plumbing, vents, wires and/or utility equipment in, upon, above or lessees under the Premises as may be necessary for the servicing of the Premises and/or other portions of the Building or Office Building and/or for adding or removing equipment or other special facilities of utilities with respect to space leased to other tenant(s); and their respective agents and representatives or prospective tenants of the Premises, and (iii) to make such any repairs, alterationsadditions, alterations or improvements to or additions (a) on the Premises or Building as Landlord may deem necessary or desirable necessary. Nothing herein shall be deemed to the Premises or impose upon Landlord a duty to do any other portion of the Building, or (b) which Landlord may elect work that Tenant is required to perform following Tenant’s failure to make repairs or perform under any work which Tenant is obligated to make or perform under provision of this Lease, or (c) for and the purpose of complying with Legal Requirements, and performance thereof by Landlord shall not constitute a waiver of tenant's default in failing to perform the same. In connection with Landlord's exercise of Access Rights, (i) Landlord shall in no event be allowed liable for any inconvenience, disturbance, loss of business or other damages to take Tenant, (ii) Obligations of Tenant under this Lease shall not thereby be affected nor shall the same constitute grounds for any abatement of rent or declaration of a constructive eviction; (iii) Landlord shall use all material into reasonable efforts not to interfere with Tenant's business in the Premises, but in no event shall Landlord be required to incur any additional expenses for work to be done other than during regular business hours; and (iv) Landlord shall not enter the Premises without a representative of the Tenant present unless an emergency or casualty occurs. During the period commencing twelve (12) months prior to the expiration of the Term (or of any Option Term as the case may be), Landlord may place upon the exterior of the Premises that may be required therefor without the same constituting an eviction "For Lease," "To Let" or constructive eviction "For Rent" signs of Tenant in whole or in part and Fixed Rent and Additional Rent will reasonable size, which shall not be abated while said repairsremoved, alterationsdamaged, improvements defaced or additions are being made, hidden by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Central Jersey Bancorp)

Access to Premises. Section 14.1 Tenant Landlord shall permit have the right, upon reasonable prior notice, to enter upon the Premises at all reasonable business hours for the purpose of inspecting them or making such repairs or alterations as it is obligated to make under the terms of this Lease or which Landlord may elect to perform, following Tenant’s failure to do so. Repairs shall be made, and alterations as are the requirement of Landlord, Landlordin such a manner that they do not unreasonably interfere with Tenant’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area operation of the Premises, other than to a de minimis extentPremises or its quiet enjoyment. Repairs by either Landlord or Landlord’s agents Tenant on behalf of the other shall be made in a manner only upon prior notice and only if the other party fails to undertake such repairs that are its obligations upon notice as provided in Section 9.3. The Landlord shall have the right to enter the Premises at all reasonable times upon hours on reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchaserspurchasers and mortgagees, Mortgageeshowever, Lessors or lessees such shall be in a manner that does not interfere with the operation of the Building business and their respective agents shall not include entry into the kitchen and representatives other areas if such entry would be a violation of health codes or prospective tenants would create a hazard in the operation of the Premises, and to make such repairs, alterations, improvements or additions (a) business. Except as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under expressly provided in this Lease, in no event may Landlord enter the Premises without the consent of Tenant unless there is an absolute emergency; such consent shall not be unreasonably withheld, conditioned or (c) delayed. Throughout the Term, Landlord shall have the right to enter the Premises at reasonable hours on reasonable notice for the purpose of complying with Legal Requirementsshowing them to prospective purchasers or mortgagees and, during the last six months of the Term or during any period of Tenant default which remains uncured for more than sixty (60) days, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, Landlord shall be allowed to take all material into and upon or Landlord’s agents may enter the Premises that same whenever such entry may be required therefor without reasonably necessary in event of an emergency to protect life or property. In no event shall the same constituting an eviction or constructive eviction obligations of Tenant in whole or in part and Fixed Rent and Additional Rent will not hereunder be abated while said repairs, alterations, improvements or additions are being made, affected by reason of loss or interruption of business of Tenant, or otherwiseany such entry.

Appears in 1 contract

Samples: Buffalo Wild Wings (Diversified Restaurant Holdings, Inc.)

Access to Premises. Section 14.1 Tenant shall permit (A) Subject to Section 14.1(D), Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents 's agents, shall have the right (but shall not be obligated) to enter the Premises in an emergency, at all any time, and, at other reasonable times times, upon reasonable prior notice (to Tenant, except no such prior notice shall be required in case of emergency), an emergency (which notice may be oral, telephonic or sent via facsimile transmission) to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform in the Premises following Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease. Tenant shall permit Landlord to use, maintain and replace ducts, exhausts, cables, risers, pipes and conduits in and through the Premises and to erect new ducts, exhausts, cables, risers, pipes and conduits therein, provided such new pipes and conduits are within the walls, above the ceiling, below the finished floor or (c) for otherwise concealed. Landlord may, during the purpose progress of complying with Legal Requirementsany work in the Premises, and Landlord shall be allowed to take all material necessary materials and equipment into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant Rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise; provided, however, no such exercise of this right by Landlord shall unreasonably impair Tenant's access to, or otherwiseotherwise unreasonably or materially interfere with Tenant's ability to use the Premises as contemplated by this Lease, subject, however to Sections 14.2 and 25.2 hereof.

Appears in 1 contract

Samples: Agreement of Lease (Knight Trading Group Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent17.01. Landlord or Landlord’s agents and its designees shall have the right to enter upon the Demised Premises at all reasonable times during normal business hours and upon reasonable prior twenty four (24) hours telephonic notice to Tenant's designated representation at the Demised Premises (except no such prior notice shall be required in case of emergency), which notice may be oral, emergency situations) to inspect and examine the same, to show them to prospective purchasersmake repairs, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairsadditions, alterations, or improvements to the Demised Premises, the Building within which the Demised Premises are located or additions (a) as any property owned or controlled by Landlord within such Building. In the case of emergency situations, Landlord may deem necessary or desirable have access to the Demised Premises or but shall still be required to any other portion of give telephonic notice to Tenant's designated representative at the Building, or (b) which Landlord may elect Demised Premises within a reasonable time following Landlord's gaining access to perform following Tenant’s failure to make repairs or perform any the Demised Premises. Any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and performed by Landlord shall be allowed performed in such a manner so as not to take interfere with any ongoing experiments being conducted by Tenant at the Demised Premises. Landlord's rights of entry as aforesaid, and the taking of all material property into and upon the Demised Premises that may be required therefor without the same constituting in connection therewith, shall not be considered an eviction or constructive eviction of Tenant Tenant, in whole or in part part, constructive or otherwise, and Fixed Rent and Additional Rent will Landlord shall not be abated liable to Tenant for any expense, damage, or loss or interruption of the business of Tenant by reason thereof, and the rent reserved hereunder shall continue without abatement during the period of any such entry and while said such repairs, alterations, improvements or additions are being made. Landlord or Landlord's designees shall have the right to enter the Demised Premises at all times to show the Demised Premises to prospective purchasers, by reason mortgagees or lessees of loss the Demised Premises, the Building or interruption the Center. During the six month period prior to the expiration of business of Tenantthe Term hereof, Landlord may exhibit the Demised Premises to prospective tenants and Landlord may place upon the Demised Premises notices reading, "To Let" or otherwise"For Rent", which notices Tenant shall allow to be posted conspicuously without molestation.

Appears in 1 contract

Samples: And Attornment Agreement (PTC Therapeutics, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent18.1 ACCESS TO PROMISES. Landlord or Landlord’s 's agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, same and to show them to prospective purchasers, Mortgageesmortgagees, Lessors lessees or lessees of the Building and their respective agents and representatives or prospective tenants of the PremisesLandlord, and or to public officials lawfully having an interest therein, or to make such decorations, repairs, alterations, improvements or additions (a) as Landlord may reasonably deem necessary or desirable or to close entrances, doors, corridors, elevators or other facilities provided there is still reasonable access to the Premises or Premises. Landlord, Tenant and all other tenants in the Building and their respective guests, invitees and employees shall have ingress and egress to any other portion and from all common public areas of the Building, provided that (i) Landlord has the right, under reasonable regulations, to regulate and control such guests, invitees and employees with respect to such access and the days and hours of access, access by Tenant's employees to said Premises will be available twenty-four (24) hours per day, seven (7) days a week unless written notice to the contrary is provided by Landlord five (5) business days in advance of such limited access or in the event of an emergency, and (bii) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work all common areas and facilities which Tenant is obligated may be permitted to make or perform use and occupy, are to be used and occupied under this Lease, or (c) for the purpose of complying with Legal Requirementsa revocable license, and if the amount of such areas is diminished, Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairssubject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, alterations, improvements nor shall such diminution of such areas be deemed constructive or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseactual eviction provided there is still reasonable access to the Premises.

Appears in 1 contract

Samples: Lease Agreement (Papnet of Ohio Inc)

Access to Premises. Section 14.1 16.1. (A) Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will the same do not thereby reduce the rentable area interfere with Tenant’s use of the Premises, other Premises or decrease the usable area thereof by more than to a de minimis extentamount. Landlord Landlord, any Lessor or Landlordsuch party’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency)) reasonable prior notice, which notice may be oral, to examine the same, to prior to show them the same to prospective purchasers, Mortgagees, Lessors Mortgagees or lessees of the Building and their respective agents and representatives or prospective tenants of the Premisesspace therein, and to make such repairs, alterations, improvements or additions (ai) as Landlord may deem necessary to the Premises (or as Landlord is otherwise entitled to make under this Lease to the Premises), or to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (bii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be required) following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (ciii) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and Additional Rent will not any other item of Rental) shall in no respect xxxxx or be abated while reduced by reason of said repairs, alterations, improvements or additions additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwiseotherwise (except as otherwise expressly set forth in this Lease). Notwithstanding the foregoing, for purposes of showing the Premises to prospective lessees, Landlord shall only be entitled to enter the Premises, (i) during the 12 months immediately prior to the Fixed Expiration Date, upon reasonable prior notice (which may be oral), or (ii) at any time after an Event of Default under this Lease, without notice to Tenant.

Appears in 1 contract

Samples: Agreement (Ampex Corp /De/)

Access to Premises. Section 14.1 Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least thirty-six (36) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to show the Premises to prospective purchasers, mortgagees, beneficiaries or tenants, to post notices of nonresponsibility, to determine whether Tenant shall permit Landlordis complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s agents and public utilities servicing right to enter the Building Premises shall include the right to grant access to the Premises to governmental or utility employees. Landlord may erect, use and maintain concealed ductsscaffolding, pipes pipes, conduits and conduits other necessary structures in and through the PremisesPremises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case any time without notice. Except to the extent caused by Landlord’s gross negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors occupancy or lessees of the Building and their respective agents and representatives or prospective tenants quiet enjoyment of the Premises, and any right to make such repairsabatement of Rent, alterations, improvements or additions (a) as Landlord may deem necessary or desirable any other loss occasioned by Landlord’s exercise of any of its rights under this Section 22. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 22 shall not be construed or deemed to any other portion of the Buildingbe a forcible or unlawful entry into, or (b) which a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord may elect to perform following Tenant’s failure to make repairs or shall perform any work which Tenant pursuant to this Section 22 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical; provided, however, that Landlord shall not be obligated to make or perform under this Leasework during other than normal business hours. To the extent reasonably practicable, or (c) for the purpose of complying with Legal Requirements, and Landlord any entry shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of occur during normal business of Tenant, or otherwisehours.

Appears in 1 contract

Samples: Agreement of Lease (Kid Brands, Inc)

Access to Premises. Section 14.1 Tenant shall permit 16.1 Landlord or any Superior Mortgagee or any other party designated by Landlord, Landlord’s agents and public utilities servicing the Building to erecttheir respective agents, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises during regular business hours, upon at all reasonable times upon reasonable least 24 hours prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral) except in the case of emergency, to (i) examine the samePremises, to (ii) show them it to prospective purchasers, Mortgageesmortgagees, Lessors or lessees during the last 15 months of the Building Term to lessors or lessees, and their respective agents and representatives or prospective tenants of others provided that Tenant shall have the right to accompany Landlord and any such interested party at all times while the same are in the Premises, and (iii) to make such repairsmaintenance, alterationsrepairs or replacements to the Structural Elements as provided in Section 6.1 and/or to perform any other maintenance, improvements repairs or additions (a) as Landlord may deem necessary or desirable replacements in and to the Premises which if not made would materially adversely affect the structure, systems, safety or to any other portion security of the Building, or (b) Premises which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform as required under this LeaseLease within thirty (30) days after Tenant having received notice of such failure to perform from Landlord; provided, or that, if such performance is not susceptible of being completed within said thirty (c30) for the purpose day period, Landlord shall have no right to perform same on behalf of complying with Legal RequirementsTenant so long as Tenant has commenced (if practicable) and is diligently prosecuting such performance to completion, and Landlord shall be allowed to take all material into and upon the Premises (but may not store) that may be required therefor for the performance of such work without the same constituting an eviction actual or constructive eviction of Tenant in whole or in part and Fixed Rent without any abatement of Rent. Except in the case of an emergency, if any work performed by Landlord pursuant to this Article 16 would affect Tenant or Tenant’s use, enjoyment and Additional Rent occupancy of the Premises, then Landlord shall give notice of such work to Tenant prior to commencing such work, and if requested by Tenant shall perform such work on an overtime basis at Tenant’s sole cost and expense (except if such work affects access or any services, in which case such work will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseperformed on an overtime basis at Landlord’s sole cost and expense).

Appears in 1 contract

Samples: Agreement of Lease (Rae Systems Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent17.01. Landlord or Landlord’s agents and its designees shall have the right to enter upon the Demised Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in the case of emergency), which an emergency and otherwise upon at least twenty-four (24) hours notice may be oral, to inspect and examine the same, to show them to prospective purchasersmake repairs, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairsadditions, alterations, or improvements or additions (a) as Landlord may deem necessary or desirable to the Demised Premises, the Building within which the Demised Premises are located or to any other portion property owned or controlled by Landlord within such Building. Landlord's rights of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsentry as aforesaid, and Landlord shall be allowed to take the taking of all material property into and upon the Demised Premises that may be required therefor without the same constituting in connection therewith, shall not be considered an eviction or constructive eviction of Tenant Tenant, in whole or in part part, constructive or otherwise, and Fixed Rent and Additional Rent will Landlord shall not be abated liable to Tenant for any expense, damage, or loss or interruption of the business of Tenant by reason thereof, and the rent reserved hereunder shall continue without abatement during the period of any such entry and while said such repairs, alterations, improvements or additions are being made. Landlord or Landlord's designees shall have the right, by reason upon at least twenty-four (24) hours notice, to enter the Demised Premises at all reasonable times to show the Demised Premises to prospective purchasers, mortgagees or lessees of loss the Demised Premises or interruption building of business which the Demised Premises form a part. During the six month period prior to the expiration of the Term hereof, Landlord may exhibit the Demised Premises to prospective tenants and Landlord may place upon the Demised Premises notices reading, "To Let" or "For Rent", which notices Tenant shall allow to be posted conspicuously without molestation. If Landlord, in the exercise of its rights under this Article 17, shall unreasonably interfere with Tenant's occupancy of the Demised Premises and such interference results in Tenant being unable to use the Demised Premises for the purposes set forth in Section 2.01 hereof for three (3) consecutive days, then all annual minimum rent and all additional rent payable pursuant to Section 7.03, Article 12 and Article 14 shall xxxxx from the date on which such interference resulted in Tenant being unable to use the Demised Premises for the purposes set forth in Section 2.01 hereof until the earlier of the date on which Tenant resumes, or otherwiseis again able to resume, use of the Demised Premises for the purposes set forth in Section 2.01 hereof.

Appears in 1 contract

Samples: Lease (Microframe Inc)

Access to Premises. Section 14.1 Tenant Lessor shall permit Landlordprovide Lessee with access to the Premises as reasonably necessary to allow Lessee to develop, Landlord’s agents and public utilities servicing the Building to erectconstruct, use own, operate and maintain concealed ductsthe Facility as contemplated herein, pipes including ingress and conduits egress rights to the Premises for Lessee, its Affiliates and any employees, agents, representatives, subcontractors, Lenders, investors, potential Lenders or potential investors, regulators and other designees of any of the foregoing and any local electric utility personnel, and access to the Facility to interconnect the Facility with the local electrical grid. Lessor grants Lessee all ingress and egress rights of way to the Premises as necessary for the design, construction, operation and maintenance of the Facility during the Term of the Lease. Lessor shall provide such space on the Premises and access as is reasonably requested by Lessee for laydown, for the temporary storage and staging of tools, materials, parts, supplies and equipment, for rigging and material handling, for the parking of vehicles and temporary trailers and facilities and for erecting an office or other structure, in each case as reasonable necessary or convenient for the development, construction, ownership, operation, and through maintenance of the Facility or any portion thereof. Lessor will identify specific areas for storage, staging, and parking use by the Lessee and its Affiliates. Lessor and its authorized representatives shall at all times have access to, and the right to observe, the development, construction, ownership, operation and maintenance of the Facility on the Premises, provided subject to compliance with Xxxxxx’s safety rules. Notwithstanding anything in this Lease to the contrary, Xxxxxx acknowledges that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the PremisesXxxxxx currently operates, and intends to make such repairsoperate during the Term, alterations, improvements or additions (aa working business ( “Lessor’s Operations”) as Landlord may deem necessary or desirable on the land immediately adjacent to the Premises or to any other and a portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may is not used to develop and build the Facilities. The Facilities and Xxxxxx’s Operations will be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part separated via a fence. Both Lessor and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or Lessee agree at all times to minimize its interference with and/or interruption of business of Tenant, or otherwiseeach other’s activities.

Appears in 1 contract

Samples: Solar Site Option & Lease Agreement

Access to Premises. Section 14.1 Tenant shall permit Landlordunderstands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, Landlord’s agents windows and public utilities servicing doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not thereby reduce the rentable area part of the Premises, other than to a de minimis extent. and Landlord or Landlord’s agents shall have the right to enter the Premises use thereof, as well as access thereto at all reasonable times during Regular Hours on Business Days upon reasonable prior notice (except no such prior notice in the case of an emergency or to comply with applicable law (which compliance requires immediate access to avoid a health or life safety concern or to avoid a penalty or to avoid damage to the Building), in which events Landlord may access the Premises at any time, with or without notice) through the Premises for the purposes of operation, maintenance, alteration and repair. The method of installation and location of any pipes or wiring to be installed within the Premises and benefiting another tenant shall be required in case of emergency)subject to Tenant’s approval, which notice may not to be oralunreasonably withheld, conditioned or delayed. Any piping or conduit shall, to examine the sameextent feasible, to show them to prospective purchasersbe installed along the ceiling, Mortgageesexisting walls or existing columns. After the installation of any such pipes or wiring, Lessors Landlord shall restore or lessees repair so much of the Building and their respective agents and representatives or prospective tenants of Premises affected by the installation. Landlord shall, upon any entry into the Premises, and use reasonable efforts to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to minimize interference with the Premises or to any other portion operation of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is business, provided however that Landlord shall not be obligated to make use overtime labor or perform under this Lease, or (c) for the purpose of complying incur additional costs in connection with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwisesuch efforts.

Appears in 1 contract

Samples: Office Lease (PCI Media, Inc.)

Access to Premises. Section 14.1 Tenant shall shall: (i) permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ductspipes, pipes ducts and conduits in and through the Premises, provided that Landlord will the same do not thereby materially reduce the rentable floor area or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the PremisesBuilding or the Building and land or of the interest of Landlord therein, other than and any lessor under any underlying lease, and their representatives, to a de minimis extent. Landlord or Landlord’s agents shall have the right reasonable access to and to enter upon the Premises at all reasonable times hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment, provided that such storage does not adversely affect Tenant’s access to or the use and occupancy of the Premises); and (iii) permit Landlord, at reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the sametimes, to show them the Premises during ordinary Business Hours to any existing or prospective purchasersmortgagee, Mortgageespurchaser, Lessors or lessees assignee of any mortgage of the Building or of the Building and their respective the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit an entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Lxxxxxxx's agents may enter the same by a master key, or, in the event of an emergency, 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 representatives or prospective tenants without in any manner affecting the obligations and covenants of this Lease; provided, however, except in an emergency, Landlord shall use reasonable efforts to schedule any access in advance with Tenant and at times when Txxxxx is reasonably able to have a representative present during such access. Landlord shall exercise its rights of access to the Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize to the extent practicable interference with Txxxxx's use and occupation of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Confidentiality Agreement (Hubspot Inc)

Access to Premises. Section 14.1 Tenant Landlord shall permit Landlordhave the right, Landlordwith advance notice to Tenant, and during normal banking business hours, to enter upon and in the Leased Premises to examine the same and to make such repairs, replacements, alterations, improvements and additions in the Leased Premises as Landlord may deem necessary, and to take all materials into and upon the Leased Premises that may be required therefore, without the same constituting all eviction of Tenant, in whole or in part, and without any abatement of Rent or Additional Rent Charges; provided, however, Landlord shall use reasonable efforts not to unreasonably interfere with or interrupt Tenant’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area intended uses of the Leased Premises. Upon reasonable notice to Tenant, other than to a de minimis extent. and during normal banking hours, Landlord or Landlord’s agents shall have the right to enter the Leased Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them it to prospective purchasers, Mortgagees, Lessors landlord or lessees tenants (under ground or underlying leases) and mortgages of the Building and their respective agents and representatives or Leased Premises. During the six (6) months prior to the expiration of the Term, Landlord may show the Leased Premise to prospective tenants or purchasers of the Leased Premises. Notwithstanding the foregoing, and to make such repairs, alterations, improvements Landlord acknowledges that all or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion part of the BuildingLeased Premises will be used by a branch bank of a national banking association and, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which as such, during all times that Tenant is obligated not open for business, the Leased Premises will be subject to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsa security system and monitored alarm system, and Landlord shall first notify Tenant to obtain access if such access is required during non-business hours. Tenant shall provide Landlord with the contact information for an individual who will be allowed available twenty-four hours a day to take all material into and upon provide access in the Premises that may be required therefor without event of an emergency situation at the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseLeased Premises.

Appears in 1 contract

Samples: Commercial Lease Agreement (Millennium Bankshares Corp)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s 's agents shall have the right (but shall not be obligated) to enter the Demised Premises in any emergency at all any time, and, at other reasonable times times, upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oralnotice, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem necessary or and reasonably desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform following in the Demised Premises after Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Leaselease after 10 days prior written notice and Tenant's failure to cure same, or (c) for the purpose of complying with Legal Requirementslaws, regulations and other directions of governmental authorities. Landlord shall be allowed perform any work using all reasonable efforts to minimize interference and interruption with Tenant's occupancy and the conduct of its business in the Demised Premises. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Demised Premises and to erect new pipes and conduits therein. Landlord may, during the progress of any work in the Demised Premises, take all material necessary materials and equipment into and upon the said Demised Premises that may be required therefor without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business of Tenant, or otherwise. Throughout the term hereof Landlord shall have the right to enter the Demised Premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last six (6) months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the Demised Premises, Landlord or Landlord's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected.

Appears in 1 contract

Samples: Loft Lease (Sparta Commercial Services, Inc.)

Access to Premises. Section 14.1 15. The Tenant shall agrees to permit Landlord, Landlord’s agents the Lessor and public utilities servicing the Building authorized representatives of the Lessor to erect, use and maintain concealed ducts, pipes and conduits in and through enter the Premises, provided upon reasonable advance notice (other than in the case of a bona fide emergency in which case Lessor shall be required to give only such notice, telephonic or otherwise, as is practicable and reasonable under the circumstances) at all times during usual business hours for the purpose of inspecting the same and making any necessary repairs to the Premises and performing any work therein that Landlord will may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority or of the Board of Fire Underwriters or any similar body or that the Lessor may reasonably deem necessary to prevent material waste or deterioration in connection with the Premises. Nothing herein shall imply any duty upon the part of the Lessor to do any such work which, under any provision of this Lease, the Tenant may be required to perform and the performance thereof by the Lessor shall not thereby reduce constitute a waiver of the rentable area Tenant's default in failing to perform the same. The Lessor may, during the progress of any work in the Premises, keep and store upon the Premises all necessary materials, tools and equipment; provided, however, that Lessor shall do so, if at all, in a manner intended to minimize, to the extent possible, any interference with, inconvenience to or disturbance of Tenant's business. The Lessor shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other than to a de minimis extentdamage of the Tenant by reason of making repairs or the performance of any work in the Premises, or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of the Tenant under this Lease shall not thereby be affected in any manner whatsoever. Landlord or Landlord’s agents shall have Lessor reserves the right to enter upon the Premises at all any time in the event of an emergency and at reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, hours to examine exhibit the same, to show them Premises to prospective purchasers, Mortgagees, Lessors purchasers or lessees others; and to exhibit the Premises to prospective Tenants and to the display "For Lease" or similar signs on the Property adjacent to abutting public roadways during the last nine (9) months of the Building and their respective agents and representatives or prospective tenants term of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, all without hindrance or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, molestation by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Office/Warehouse Lease (Manufacturers Services LTD)

Access to Premises. Subject to the terms of Section 14.1 8 with respect to repairs and Section 14 with respect to services, Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises; provided, provided that Landlord will such pipes and conduits are concealed above the ceiling, beneath the floor or behind the demising walls, and do not thereby reduce the rentable area interfere with Tenant’s use of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times hours upon reasonable prior at least twenty-four (24) hours advance written notice (except no such prior notice shall be required in the case of emergency), which notice may be oral, ) and in the accompaniment of a representative of Tenant to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, improvements or additions (a) as repairs required of Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, hereunder and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part part; provided, any such entry is strictly of a temporary nature. In the event any such entry by Landlord renders the Premises unusable for more than two (2) consecutive days, the Rent shall xxxxx from and Fixed Rent after said second day for so long as said entry renders the Premises unusable. Landlord is expressly granted permission to show the Premises at any reasonable time upon at least twenty-four (24) hours advance written notice to prospective tenants, mortgagees, purchasers, lessees of the Building and Additional Rent will other persons with a business interest therein; provided, however, that Landlord shall only exhibit the Premises to prospective tenants during the final six (6) months of Tenant’s occupancy of the Premises. Landlord agrees to use best efforts in connection with any entry to minimize any interference with Tenant’s business operations and to protect Tenant’s employees and property within the Premises, and Tenant shall cooperate with such efforts. Landlord shall be responsible for any damage to persons or property within the Premises caused by such entry by Landlord. If Tenant shall not be abated while said repairspersonally present to open and permit an entry into the Premises when for emergency reasons an entry therein shall be necessary, alterations, improvements or additions are being made, Landlord may enter the same by reason of loss or interruption of business of Tenanta master key, or otherwisemay forcibly enter the same, without rendering Landlord liable therefor (if during such entry Landlord shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations, terms, covenants, conditions, provisions or agreements 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 Land or the Building or any part thereof, other than as otherwise provided in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Autodesk Inc)

Access to Premises. Section 14.1 Tenant shall permit LandlordWithout limiting any other rights Landlord may have pursuant hereto or at law, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises Premises, including the building, at all reasonable times upon reasonable prior notice any time for any of the following purposes: (except no such prior notice shall be required in case of emergency), which notice may be oral, i) to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, Premises and to make such repairsperform any maintenance, alterations, improvements repairs or additions (a) as Landlord may deem necessary or desirable alterations to any part of the Premises or to any equipment and services serving the Premises or any other portion part of the BuildingProject; (ii) in cases of emergency; (iii) to read any utility or other meters; (iv) during the last twelve (12) months of the Term to show the Premises to prospective tenants and to permit prospective tenants to make inspections, measurements and plans; and (v) at any time during the Term to show the Premises to prospective purchasers or (b) which lenders. Landlord shall have the right to run through the Premises conduits, wires, pipes, ducts and other elements of any systems for utilities, heating, ventilating, air-conditioning and humidity control, telephone and other communications systems and any other such systems to serve the Premises or the Project. Landlord shall exercise its rights pursuant to this section 17.5 in such manner and at such times as Landlord, acting reasonably but in its sole discretion, shall determine. At any time that entry by Landlord is desired in case of emergency, and if no personnel of Tenant are known by Landlord to be present on the Premises or if such personnel fail for any reason to provide Landlord immediate access at the time such entry is desired, Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon forcibly enter the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseliability for damage caused thereby.

Appears in 1 contract

Samples: Ace Hardware Corp

Access to Premises. Section 14.1 Tenant Landlord shall permit have the right, upon reasonable prior notice, to enter upon the Premises at all reasonable business hours for the purpose of inspecting them or making such repairs or alterations as it is obligated to make under the terms of this Lease or which Landlord may elect to perform, following Tenant's failure to do so. Repairs shall be made, and alterations as are the requirement of Landlord, Landlordin such a manner that they do not unreasonably interfere with Tenant’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area operation of the Premises, other than to a de minimis extentPremises or its quiet enjoyment. Repairs by either Landlord or Landlord’s agents Tenant on behalf of the other shall be made in a manner only upon prior notice and only if the other party fails to undertake such repairs that are its obligations upon notice as provided in Paragraph 9.3. The Landlord shall have the right to enter the Premises at all reasonable times upon hours on reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchaserspurchasers and mortgagees, Mortgageeshowever, Lessors or lessees such shall be in a manner that does not interfere with the operation of the Building business and their respective agents shall not include entry into the kitchen and representatives other areas which could be a violation of health codes or prospective tenants would create a hazard in the operation of the Premises, and to make such repairs, alterations, improvements or additions (a) as business. In no event may Landlord may deem necessary or desirable to enter the Premises or without the consent of Tenant unless there is an absolute emergency. Throughout the Term, Landlord shall have the right to any other portion of enter the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) Premises at reasonable hours on reasonable notice for the purpose of complying with Legal Requirementsshowing them to prospective purchasers or mortgagees and, during the last six months of the Term, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, Landlord shall be allowed to take all material into and upon or Landlord's agents may enter the Premises that same whenever such entry may be required therefor without reasonably necessary in event of an emergency to protect life or property. In no event shall the same constituting an eviction or constructive eviction obligations of Tenant in whole or in part and Fixed Rent and Additional Rent will not hereunder be abated while said repairs, alterations, improvements or additions are being made, affected by reason of loss or interruption of business of Tenant, or otherwiseany such entry.

Appears in 1 contract

Samples: Retail Center Lease (Diversified Restaurant Holdings, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents Landlord and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents its authorized representatives shall have the right to enter upon the Premises at during all reasonable times regular business hours, upon reasonable prior notice to Tenant (except no such prior notice shall be required in case of emergency), which notice may be oral) and subject to Tenant's reasonable security precautions, to examine for the same, to show them purpose of (i) inspecting or exhibiting the same to prospective purchasers, Mortgagees, Lessors or lessees of the Building mortgagees and their respective agents and representatives or prospective tenants of the Premisestenants, and to make such repairs(ii) maintaining and repairing all utility equipment in, alterationsupon, improvements above or additions (a) under the Premises as Landlord may deem be necessary or desirable to for the servicing of the Premises or to any other portion portions of the Building, or Commercial Center. Landlord and its authorized representatives shall also have the right to enter upon the Premises during all regular business hours (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (cand in emergencies at all times) for the purpose of complying with Legal Requirementsmaking any repairs thereto or thereon to the Building, as Landlord may deem necessary, and for any other lawful purpose; and in connection therewith, Landlord shall be allowed have the right to take all material into bring and upon store materials, tools and equipment in, through or above the Premises that may be required therefor therefore, without the same constituting an eviction actual or constructive eviction of Tenant from the Premises or any part thereof. However, nothing herein shall be deemed to impose any duty upon Landlord to do any such work which, under any provisions of this Lease, Tenant shall be required to perform, and the performance thereof by Landlord shall not shall not constitute a waiver of Tenant's default in whole failing to perform the same. Landlord in no event shall be liable for any inconvenience, disturbance, loss of business or in part other damages to Tenant by reasons of the performance by Landlord of any work in, upon, above or under the Premises or for bringing and Fixed Rent storing materials, tools and Additional Rent will equipment in, through or above the Premises during the course thereof, and the obligations of Tenant under the Lease shall not be abated while said repairsaffected thereby in any manner whatsoever, alterationsnor shall the same constitute any ground for an abatement of any rents, improvements charges or additions are being made, by reason of loss other sums reserved hereunder. Landlord shall use all reasonable efforts not to interfere with or interruption of business interrupt the conduct and operation of Tenant's business in the Premises, but in no event shall Landlord be required to incur any additional expense for work to be during hours or days other than regular business hours and days of the parties performing such work. If Tenant or Tenant's employees shall not be personally present to permit an entry into the premises when an emergency or casualty occurs, Landlord must contact the Westport Police Department and any entry by Landlord must be accompanied by a Police officer or agent or employee of Tenant contacted as a result. During the period commencing Twelve (12) months prior to the expiration of the Term (or any renewal term thereof) , Landlord may place upon the exterior of the Premises "For Lease", "To Let", or otherwise"For Rent" signs of reasonable size which signs shall not be removed, obliterated or hidden by Tenant.

Appears in 1 contract

Samples: Lease (Village Bancorp Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents Landlord and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no and in such prior notice shall be required in case of emergency), which notice may be oral, a manner so as not to unreasonably interfere with Tenant’s business to examine and inspect the same, Premises and to show them to prospective lenders, purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the PremisesProperty, and to make such repairs, alterations, improvements or additions (a) repairs to the Premises as Landlord may deem necessary or desirable to the Premises or to any other portion because of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for accomplish the purpose of complying with Legal Requirements, same and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor for such purposes without liability in doing so and without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will the rent reserved shall not be abated xxxxx while said repairs, alterations, improvements or additions the repairs are being made, made by reason of loss or interruption of business of Tenant, or otherwise. During the six (6) months prior to the expiration of the Lease Term, Landlord may exhibit the Premises to prospective tenants or purchasers, and place upon the Premises the notices “For Lease” or “For Sale” which notices Tenant shall permit to remain without molestation. At any time during the Lease, Landlord may exhibit the Premises and Property to prospective lenders or purchasers. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry shall be necessary or permissible, Landlord or Landlord’s agent may enter the same by a master key, or may, if reasonably required, forcibly enter the same, without in any manner affecting the obligations and covenants of this Lease and without incurring any liability in doing so. Nothing in this Lease, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, maintenance, or repair of the Building or any part of it, except as otherwise specifically provided. Landlord shall give Tenant twenty-four (24) hours prior written notice if Landlord is to enter during nonbusiness hours, except in the case of emergencies, where no notice is required.

Appears in 1 contract

Samples: Lease Agreement

Access to Premises. Section 14.1 Tenant shall permit (A) Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents 's agents, shall have the right (but shall not be obligated) to enter the Premises in an emergency, at all any time, and, in non-emergency situations, at other reasonable times upon on reasonable prior advance oral notice (except no such prior notice shall be required in case to Tenant's office manager or assistant manager or other on-site employee of emergency), which notice may be oralTenant with apparent authority, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and non-decorative improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform in the Premises following Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for any other reasonable purpose. Landlord shall use commercially reasonable efforts to minimize, to the extent reasonably practicable, interference with Tenant's use of the Premises for the purpose Permitted Use. Whenever such repairs or work is necessary in order to perform work in another tenant's premises within the Building, Landlord agrees whenever practicable to perform such repairs or work in the Premises before or after "Business Hours" or on non-"Business Days" ( as such terms are defined in Section 24.1). Tenant shall permit Landlord to use, maintain and replace pipes and conduits in and through the Premises and to erect new pipes and conduits therein, provided such new pipes and conduits are, to the extent practicable, within the walls, above the ceiling or below the finished floor (or, if not practicable, then "snug" to columns or ceilings whenever practicable). Landlord may, during the progress of complying with Legal Requirementsany work in the Premises, and Landlord shall be allowed to take all material necessary materials and equipment for the work then being performed into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant Rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall, at Landlord's cost and expense, restore the Premises as nearly as practicable to its prior condition after completion of such work and remove its materials and equipment therefrom.

Appears in 1 contract

Samples: Agreement (U S Trust Corp /Ny)

Access to Premises. Section 14.1 Tenant Landlord shall permit have the right, upon reasonable prior notice, to enter upon the Premises at all reasonable business hours for the purpose of inspecting them or making such repairs or alterations as it is obligated to make under the terms of this Lease or which Landlord may elect to perform, following Tenant's failure to do so. Repairs shall be made, and alterations as are the requirement of Landlord, Landlordin such a manner that they do not unreasonably interfere with Tenant’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area operation of the Premises, other than to a de minimis extentpremises or its quiet enjoyment. Repairs by either Landlord or Landlord’s agents Tenant on behalf of the other shall be made in a manner only upon prior notice and only if the other party fails to undertake such repairs that are its obligations upon notice as provided in Paragraph 9.3. The Landlord shall have the right to enter the premises at reasonable hours on reasonable notice to show them to prospective purchasers and mortgagees, however, such shall be in a manner that does not interfere with the operation of the business and shall not include entry into the kitchen and other areas which could be a violation of health codes or would create a hazard in the operation of the business. In no event may Landlord enter the premises without the consent of Tenant unless there is an absolute emergency. Throughout the Term, Landlord shall have the right to enter the Premises at all reasonable times upon hours on reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsshowing them to prospective purchasers or mortgagees and, during the last six months of the Term, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, Landlord shall be allowed to take all material into and upon or Landlord's agents may enter the Premises that same whenever such entry may be required therefor without reasonably necessary in event of an emergency to protect life or property. In no event shall the same constituting an eviction or constructive eviction obligations of Tenant in whole or in part and Fixed Rent and Additional Rent will not hereunder be abated while said repairs, alterations, improvements or additions are being made, affected by reason of loss or interruption of business of Tenant, or otherwiseany such entry.

Appears in 1 contract

Samples: Buffalo Wild Wings (Diversified Restaurant Holdings, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord and Landlord, Landlord’s 's employees and agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to may enter the Premises at all reasonable times upon reasonable prior during the period when Tenant is open for business and at all other times on 24 hour advance notice except in the event of an emergency without diminution or abatement of rent and without liability to Tenant (except no such prior notice shall be required in case i) to inspect the Premises; (ii) during periods of emergency)time when Tenant is not open for business to the public (whenever possible) to make repairs, which notice may be oral, additions or alterations to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, the Project, or any property owned or controlled by Landlord (and to make for such repairs, alterations, improvements or additions (a) as purposes Landlord may deem erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing the entrance to the Premises shall not be blocked thereby); (iii) to save or desirable post any notice required or permitted under the provisions of this Lease or by law; (iv) to cure any default by Tenant or to exercise any remedy of Landlord for a default; and (v) for any other lawful purpose. For the purpose of providing access as required by this Section, Landlord shall have a key to unlock all doors on the Premises. If an excavation is made or is authorized to be made upon land adjacent to the Premises or the Project, Tenant agrees to any other portion permit all necessary persons to enter the premises for the Purpose of doing such work as Landlord deems necessary to preserve the walls of the Building, Project from injury or (b) which damage. Nothing contained herein shall impose or be deemed to impose any duty on the part of Landlord may elect to perform following Tenant’s failure to make repairs or perform do any work or repair, maintenance, reconstruction or restoration, which Tenant under any provision of this Lease is obligated required to make or perform under this Lease, or (c) for be done by Tenant; and the purpose of complying with Legal Requirements, and performance thereof by Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business constitute a waiver of Tenant, or otherwise's default in failing to do the same.

Appears in 1 contract

Samples: American Vantage Companies

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord Lessor or LandlordLessor’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at all any time, and at other reasonable times times, upon reasonable prior oral notice (except no such prior notice shall be required to the receptionist or any other of Lessee’s employees found in case of emergency), which notice may be oralthe Premises and so long as same does not unreasonably interrupt Lessee’s operations within the Premises, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord Lessor may deem necessary or and reasonably desirable to the Premises or to any other portion of the Building, or (b) which Landlord Lessor may elect to perform following TenantLessee’s failure to make repairs or perform any work which Tenant Lessee is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementslaws, regulations, and Landlord other directions of governmental authorities. So long as same does not unreasonably interrupt Lessee’s operations within the Premises, Lessee shall be allowed permit Lessor to use and maintain and replace pipes and conduits in and through the Premises and to erect new pipes and conduits therein. So long as same does not unreasonably interrupt Lessee’s operations within the Premises, Lessor may, during the progress of any work in the Premises, take all material necessary materials and equipment into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction nor shall the Lessee be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairsprogress, alterations, improvements or additions are being made, nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Lessor shall have the right to enter the Premises at reasonable hours and upon reasonable prior oral notice to the receptionist or any other of TenantLessee’s employees found in the Premises for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last six (6) months of the term upon reasonable oral prior to the receptionist or any other of Lessee’s employees found in the Premises, for the purpose of showing the same to prospective tenants. If Lessee is not present to open and permit an entry into the Premises, Lessor or Lessor’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Lessee’s property and such entry shall not render Lessor or its agents liable therefor, nor in any event shall the obligations of Lessee hereunder be affected. If during the last month of the term Lessee shall have removed all of Lessee’s property therefrom, Lessor may immediately enter, alter, renovate or redecorate the Premises without reduction or abatement of rent, or otherwiseincurring liability to Lessee for any compensation and such act shall have no effect on this Lease or Lessee’s obligations hereunder. Lessor shall have the right at any time, without the same constituting an eviction and without incurring liability to Lessee therefor to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the Building so long as same does not materially, adversely impact Lessee’s use and enjoyment of, or access to, the Premises and to change the name, number or designation by which the Building may be known.

Appears in 1 contract

Samples: Lease Agreement (Ameripath Inc)

Access to Premises. Section 14.1 The Tenant shall permit Landlordthe Landlord and its agents, Landlord’s agents surveyors and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises workmen (with all necessary appliances) at all reasonable times upon reasonable by prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, appointment to examine enter the same, said Premises for the following: a) to show them to prospective purchasers, Mortgagees, Lessors or lessees of view the Building and their respective agents and representatives or prospective tenants condition of the Premises, ; b) to do all such works and to make such things as may be required for any repairs, alterationsalterations or improvements to the said Premises; 4.8 c) to do all such works and things as may be required for any repairs, alterations or improvements to any parts of any building to which the said Premises may form a part of or additions (a) as adjoin. Where the need for repair is due to the Tenant’s negligence or default, the Landlord may deem serve upon the Tenant written notice specifying any work or repair necessary or desirable to be done by the Premises or Tenant. The Tenant shall, within fourteen (14) days after service of such notice, proceed with the works and repairs. If the Tenant fails to any other portion of carry out the Buildingrepairs within a reasonable time, or (b) which the Landlord may elect to perform following do so, and the cost incurred thereunder shall be forthwith recoverable from the Tenant as a debt due and owing from the Tenant to the Landlord. The Tenant acknowledges that where the Landlord’s contractor is arranged to attend to the Premises for any maintenance requirement reported by the Tenant, and where no fault/defect is found or where the fault/defect is attributable to the acts or omissions of the Tenant and/or the Tenant’s failure to make repairs or perform any work which visitors, the Tenant is obligated to make or perform under this Lease, or (c) for shall bear the purpose charge-out rate of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.such contractor. 4.9

Appears in 1 contract

Samples: Important

Access to Premises. Section 14.1 Tenant shall permit LandlordLessee agrees that Lessor, Landlord’s agents and public utilities servicing its agents, servants or employees, or any person authorized by Lessor, may enter the Building Leased Premises during usual business hours to erect, use and maintain concealed ducts, pipes and conduits in and through inspect the Premises, provided that Landlord will not thereby reduce the rentable area condition of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairsrepairs as Lessor may be required or permitted to make under the provisions of this Lease, alterationsto exhibit the same to prospective purchasers of the Leased Premises and/or Building, improvements or additions and, within six (a6) as Landlord may deem necessary or desirable months prior to the Premises or to any other portion termination of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for any extensions thereof, to exhibit the purpose of complying with Legal Requirements, Leased Premises to prospective tenants and Landlord shall be allowed to take all material into place in and upon the premises at such places as Lessor may determine "For Rent" signs or notices; provided, however, that such signs or notices shall not be placed in positions in which they would unreasonably interfere with the continued conduct of Lessee's business or obstruct Lessee's own signs as then erected. Such entry, inspection and repairs as Lessor may make of or to the Leased Premises that may be required therefor without and the same constituting an eviction or constructive Building and improvements thereon and such signs and notices shall not constitute eviction of Tenant Lessee in whole or in part and Fixed Rent and Additional Rent will not part. Nothing herein contained, however, shall be abated while said repairsdeemed or construed to impose upon Lessor any obligation or liability whatever for care, alterationssupervision, repair, improvement, addition, change or alteration of the Leased Premises or the Building or improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwisethereon other than as expressly provided in this Lease.

Appears in 1 contract

Samples: Lease (Source Interlink Companies Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at all any time, and, at other reasonable times times, upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oralnotice, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem necessary or and reasonably desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform following Tenant’s failure perform. Tenant shall permit Landlord to make repairs use and maintain and replace pipes and conduits in and through the Premises and to erect new pipes and conduits therein provided they are concealed within the walls, floors, or perform ceiling. Landlord may, during the progress of any work which Tenant is obligated to make or perform under this Leasein the Premises, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material necessary materials and equipment into and upon the said Premises that may be required therefor without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will progress not be abated while said repairs, alterations, improvements or additions are being made, to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Landlord shall have the right to enter the Premises at reasonable hours and reasonable prior notice for the purpose of showing the same to prospective purchasers or mortgagees of the Building with the exception of high security areas, and during the last six months of the term for the purpose of showing the same to prospective tenants with the exception of high security areas. If Tenant is not present to open and permit an entry into the Premises, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly (under emergency conditions only) and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. 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, alter, renovate or redecorate the Premises without limitation or abatement of rent, and such act shall have no effect on this Lease or Tenant’s obligations hereunder; provided that Landlord shall indemnify Tenant and hold Tenant harmless from and against any and all claims arising from or in connection with (i) the conduct or management of the Premises or of any work or thing whatsoever done, or otherwiseany condition created (other than by Tenant) in or about the Premises during the period of time that Landlord has entered the Premises and (ii) any accident, injury or damage whatever caused as a result of Landlord’s activities occurring in, at or upon the Premises during Landlord’s entrance into the Premises during the last month of the term.

Appears in 1 contract

Samples: Agreement of Lease (Merisel Inc /De/)

Access to Premises. Section 14.1 Subject to the following provisions, to enter the Premises in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder (except for the Secure Areas as described below), (iii) show the Premises to current and prospective Lenders, insurers, purchasers, governmental authorities, and their representatives, and during the last nine (9) months of Tenant's occupancy, show the Premises to prospective tenants and leasing brokers, and (iv) decorate, remodel or alter the Premises if Tenant abandons the Premises at any time or vacates the same during the last 120 days of the Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Paragraph C below, or exercise other rights of Landlord under this Lease or applicable Laws. If Tenant requests that any such non-disruptive access occur before or after Building Hours, and Landlord schedules the work accordingly, Tenant shall permit Landlord, Landlord’s agents pay all overtime and public utilities servicing the Building other additional costs in connection therewith. In connection with any such access to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, except in emergencies or for cleaning or other routine services to be provided that to Tenant under this Lease, Landlord will not thereby reduce shall: (a) provide reasonable advance written or oral notice to Tenant's on-site manager or other appropriate person, and (b) take reasonable steps to minimize any disruption to Tenant's business. Notwithstanding anything contained in this Lease to the rentable area of the Premisescontrary, other than to a de minimis extent. Landlord or Landlord’s agents Tenant shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of reasonably designate certain limited areas within the Premises, such as the Telecommunications Equipment Room, as secure areas ("Secure Areas") which may be locked by Tenant and to make which Landlord shall not have the key or other method of access (such repairsas key cards or security codes), alterations, improvements except when a Tenant employee or additions (a) as Landlord may deem necessary or desirable representative is present. Tenant acknowledges that Landlord's lack of access to the Premises Secure Areas may impair the ability of Landlord or other persons (including, without limitation, fire and police personnel) to respond to emergency situations in or affecting the Secure Areas. Tenant waives and releases all claims, demands, liabilities, losses and expenses (collectively, "claims") which may arise or occur as a result of any other portion of the Buildingdelay or difficulty in gaining, or inability to gain, access to the Secure Areas by Landlord or other persons (bincluding, without limitation, fire and police personnel) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsin emergency situations, and Tenant shall defend, indemnify and hold Landlord and its agents and employees harmless from any claims, damages, losses and expenses, including damage to the doors to the Secure Areas arising therefrom. Landlord shall be allowed have no obligation to take all material into and upon provide any cleaning services to the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseSecure Areas.

Appears in 1 contract

Samples: Office Lease (E Spire Communications Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right access to enter the Premises at all reasonable times upon with, except in emergencies, reasonable prior notice to Tenant and in compliance with Tenant’s confidentiality, security and health and safety protocols to: (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine a) inspect the same, to show them Premises; (b) exhibit the Premises to prospective purchasers, Mortgagees, Lessors lenders or lessees tenants; (c) determine whether Tenant is complying with its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant hereunder; (e) post notices of the Building and their respective agents and representatives non-responsibility; (f) make repairs required of Landlord hereunder or prospective tenants of the Premises, and repairs to any adjoining space or utility services or make such repairs, alterations, alterations or improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the BuildingProject, provided, however, that all such work shall be done in a commercially reasonable and prompt manner, or (bg) exercise any of its rights hereunder including, without limitation, its cure rights under Section 17.1. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, and during the course of work being performed keep and store upon the Premises all necessary material, supplies, and equipment, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, if any. No additional locks shall be placed by Tenant upon any doors in the Premises and if more than two keys for any lock are desired, such additional keys shall be paid for by Tenant. All keys shall be duplicated only by Landlord, and under no circumstance shall Tenant cause any key to be duplicated. Landlord shall have the right to use any and all means which Landlord may elect deem proper to perform following Tenant’s failure open said doors in an emergency or in re-taking possession in order to make repairs or perform obtain entry to the Premises, and any work which Tenant is obligated entry to make or perform under this Leasethe Premises obtained by Landlord by any of said means, or (c) for otherwise, shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the purpose of complying with Legal RequirementsPremises, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting or an eviction or constructive eviction of Tenant in whole from the Premises or in part any portion thereof, and Fixed Rent and Additional Rent will not any damages caused on account thereof shall be abated while said repairs, alterations, improvements or additions are being made, paid by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Twist Bioscience Corp)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents Landlord and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice during Business Hours, for the purpose of inspecting same for the purpose of (a) maintenance, repair, and for making additions to and running pipes, conduits and ducts through the Premises (which, wherever reasonably practicable, will be run above the ceiling and/or behind existing walls) and (b) for showing the Premises to prospective tenants, purchasers and lenders (during the last six (6) months of the Lease Term), and Tenant hereby waives any claim against Landlord for damage or inconvenience caused by any of the above except to the extent otherwise specifically set forth in this Lease. Except in the case of an emergency (in which case no such prior notice shall be required in case of emergencyrequired), Landlord shall give Tenant advance notice of Landlord’s intent to enter the Premises (which shall be at least seven (7) business days’ notice may be oral, for entry to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions Security Area (a) as Landlord may deem necessary or desirable and 24 hours’ notice for entry to the Premises or to any other portion remainder of the Building, or (bpremises) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall use commercially reasonable efforts to minimize the interference with Tenant’s operations during the exercise of Landlord’s rights under this Section 23, but Landlord shall not be allowed required to use after hours labor. Notwithstanding the foregoing to the contrary, Landlord shall not be required to enter only during Business Hours in the event Landlord, in its good faith judgment, believes it would be injured by failure to take all material into and upon rapid action or if the necessity for repairs constitutes an emergency. If there are areas of the Premises that may be required therefor without Tenant does not want Landlord to have the same constituting an eviction or constructive eviction right to enter unattended (a “Security Area”), then Tenant shall notify Landlord of such Security Area, and shall provide a representative of Tenant to accompany Landlord’s agents at all times during the exercise of Landlord’s rights under this Section 23 within such Security Area. Landlord shall keep confidential and require all Landlord related parties to keep confidential any information that they may learn about Tenant or its business operations in whole or in part and Fixed Rent and Additional Rent will not connection with any entry into the Premises. As of the Effective Date, Tenant has identified that certain area shown on the plan attached as Exhibit “H” to be abated while said repairsthe Security Area. Tenant shall have the right, alterationsupon at least seven (7) days’ notice to Landlord, improvements or additions are being madeto amend Exhibit “H”. Tenant shall have access to the building twenty-four (24) hours per day, seven (7) days per week, by means of a key or an electronic controlled access system. Additional keys or controlled access cards required by Tenant for any reason will be provided upon Tenant’s payment of loss or interruption of business of a fee as reasonably determined by Landlord. Landlord shall provide one hundred fifty (150) electronic access cards at no charge to Tenant, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Passage BIO, Inc.)

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Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erectits agents, use and maintain concealed ductsservants, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to employees may enter the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable prior notice (except no such prior notice shall be required to Tenant under the circumstances; in case an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of emergency), any governmental unit or authority for which notice Landlord may be oralresponsible under This Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to examine prospective tenants, but only if all such showings are accompanied by a representative Tenant if so requested by Tenant; or post (on the sameDevelopment, to show them to prospective purchasers, Mortgagees, Lessors but not within or lessees of at the Building and their respective agents and representatives or prospective tenants entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to make minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such repairsevent the rent and any sums due and payable as additional rents, alterations, improvements or additions (a) as Landlord may deem necessary or desirable shall xxxxx in proportion to the Premises or to any other portion extent of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, interference and Landlord shall be allowed liable for any damage to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise’s property.

Appears in 1 contract

Samples: Ground Lease (VCG Holding Corp)

Access to Premises. Section 14.1 Tenant shall permit LandlordSubject to the provisions of this Paragraph ------------------ 16, Landlord’s agents Landlord reserves and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior twenty-four (24) hours notice (except no such prior notice shall be required in case of emergency), which when no notice may shall be oral, required) to examine inspect the same, to show them supply any service to be provided by Landlord to Tenant hereunder, to submit the Premises to prospective purchasers, Mortgagees, Lessors purchasers or lessees (during the last six (6) months of the Building term only) prospective tenants, to post notices of nonresponsibility, to use and their respective agents maintain pipes and representatives or prospective tenants of conduits in and through the Premises, Premises and to make such repairsalter, alterations, improvements improve or additions (a) as Landlord may deem necessary or desirable to repair the Premises or to any other portion of the Building, or all without being deemed guilty of an eviction of Tenant and without abatement of rent. Tenant shall have the right to have a representative of Tenant accompany Landlord when Landlord enters the Premises (b) which except in case of emergency). Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Leasemay, or (c) for the purpose of complying with Legal Requirementsaltering, improving or repairing the Premises or any other portion of the Building, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed. Landlord shall be allowed use commercially reasonable efforts where practicable to take all material into conduct such entries and upon activities in a workmanlike manner so as to reasonably minimize interference with Tenant's ability to conduct its business at the Premises that may and 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 any other loss occasioned thereby or arising therefrom. No provision of this Paragraph 16 shall be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said construed as obligating Landlord to perform any repairs, alterations, improvements alterations or additions are being made, by reason decoration not otherwise expressly required of loss or interruption of business of Tenant, or otherwiseLandlord under this Lease.

Appears in 1 contract

Samples: Lease (Telegen Corp /Co/)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents Landlord and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at all any time, and to perform any acts related to the safety, protection or preservation thereof or of the Building and/or the Project. At other reasonable times during Normal Business Hours (as defined in Exhibit “E”) (except in an emergency), and upon reasonable prior notice (except no such prior notice shall be required in case of an emergency), which notice Landlord may be oral, enter the Premises: (i) to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem necessary or reasonably desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (cii) for the purpose of complying with Legal Requirementslaws, regulations and other requirements of governmental authorities or the provisions of this Lease, (iii) for the purpose of posting notices of non-responsibility, or (iv) for the purposes of showing the same to prospective purchasers or mortgagees of the Building and/or the Project, and during the last twelve (12) months of the Term for the purpose of showing the same to prospective tenants. Tenant shall permit Landlord shall be allowed to use and maintain and replace unexposed pipes and conduits in and through the Premises and to erect new unexposed pipes and conduits therein. Landlord may, during the progress of any work in the Premises, take all material necessary materials and equipment into and upon the Premises that may be required therefor and close or temporarily suspend operation of entrances, doors, corridors, elevators or other facilities without the same such interference constituting an eviction or constructive eviction of eviction. Except as otherwise expressly set forth in this Section 11.A., Tenant in whole or in part and Fixed Rent and Additional Rent will shall not be abated while said repairs, alterations, improvements or additions are being made, entitled to any damages by reason of loss or interruption of business or otherwise during such periods. During such periods Landlord shall use reasonable efforts to minimize any interference with Tenant’s use of Tenantthe Premises. If Tenant is not present to open and permit an entry into the Premises, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or otherwise, provided reasonable care is exercised to safeguard Tenant’s property. Such entry shall not render Landlord or its agents liable therefor, nor in such event shall the obligations of Tenant hereunder be affected. Notwithstanding anything to the contrary contained in this Section 11.A., provided Tenant is not in default under the terms and conditions of this Lease, then in the event Tenant is unable to operate its business in the Premises in excess of seven (7) business days following written notice from Tenant due to Landlord’s exercise of its rights under this Section 1 l.A. and Tenant does not, in fact, operate its business in the Premises during such seven (7) business day period solely as a result of Landlord’s exercise of such rights (“Interruption”), then, as Tenant’s sole and exclusive remedy, Base Rent due under this Lease shall axxxx immediately following the expiration of such seven (7) business day period and continue to be abated until the day Landlord ceases the activity arising from Landlord’s exercise of such rights. Tenant shall also provide such written notice to Landlord’s lender, if any, to the extent Landlord has furnished such lender’s address to Tenant. Notwithstanding the foregoing, the foregoing rental abatement provision (i) shall not apply to any Interruption which is caused by a casualty, and (ii) shall be Tenant’s sole remedy and Tenant shall have no right to terminate this Lease. The foregoing right shall be subject at all times to Section 20 of this Lease and in the event of any conflict between the terms of Section 20 and this provision, Section 20 shall control.

Appears in 1 contract

Samples: Equity Purchase Agreement (True Nature Holding, Inc.)

Access to Premises. Section 14.1 (A) Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed maintain, ducts, pipes and conduits in and through the PremisesPremises provided the same are reasonably concealed behind walls, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extentbelow floors or above ceilings. Landlord or Landlord’s agents agents, subject to Landlord’s compliance with Tenant’s reasonable security requirements, shall have the right to enter the Premises at all reasonable times upon such reasonable prior notice (but in no event less than 24 hours except no such prior notice shall be required in case of emergency)) as may be practicable under the circumstances, which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors Mortgagees or lessees of the Building and their respective agents and representatives or prospective tenants of the PremisesLessors, and to make such repairs, alterations, improvements or additions (ai) as Landlord may deem reasonably necessary or desirable to the Premises or to any other portion of the Building, or (bii) which (subject to the provisions of Section 4.4 hereof) Landlord may elect to perform following ten (10) days after notice following Tenant’s failure to make or commence making and thereafter diligently prosecute to completion repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (ciii) for the purpose of complying with Legal all Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may reasonably be required therefor (provided same shall be neatly stored in an area reasonably designated by Tenant and shall not interfere with the conduct of Tenant’s business) without the same constituting a breach by Landlord of any provisions of this Lease, a breach of Tenant’s quiet enjoyment, an eviction or constructive eviction of Tenant in whole or in part part, or a release of Tenant’s obligations to pay Fixed Rent, Escalation Rent, or any item of Rental, and except as expressly provided in Section 14.3 hereof, the Fixed Rent, Escalation Rent (and Additional Rent will not be abated any other item of Rental) 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. The foregoing notwithstanding, at the time Landlord shall request entry to the Premises, Tenant may request that Landlord or Landlord’s employees, agents, contractors or designees enter the Premises at a reasonable time other than the time proposed by Landlord, and Landlord shall make a reasonable effort to accommodate such request.

Appears in 1 contract

Samples: Agreement of Lease (Kbw, Inc.)

Access to Premises. Section 14.1 Tenant shall shall: (i) permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ductspipes, pipes ducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have free and unrestricted access provided that Landlord will abides by Tenant’s confidentiality requirements, except in an emergency, to and to enter upon the Premises at all reasonable hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment, provided that such storage does not thereby reduce materially adversely affect Tenant’s access to or the rentable area use and occupancy of the Premises); and (iii) permit Landlord, other than at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. 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 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 when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a de minimis extent. master key, or, in the event of an emergency, may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall have accord reasonable care to Tenant’s property), and without in any manner affecting the right obligations and covenants of this Lease. Landlord shall exercise its rights of access to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees permitted under any of the Building terms and their respective agents provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and representatives or prospective tenants occupation of the Premises, and provided, however, that Landlord shall not be required to make such repairs, alterations, improvements or additions (a) as incur any overtime labor charges therefor. Any entry by Landlord may deem necessary or desirable under this Section 17.2 shall be subject to the Premises or to any other portion provisions of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseSection 2.3 hereof.

Appears in 1 contract

Samples: Foundation Medicine, Inc.

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord Lessor or Landlord’s Lessor's agents shall have the right (but shall not be obligated) to enter the demised Premises in any emergency at all any time, and, at other reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oraltimes, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord Lessor may deem necessary or and reasonably desirable to the demised Premises or to any other portion of the Building, building or (b) which Landlord Lessor may elect to perform following Tenant’s Lessee's failure to make repairs or perform any work which Tenant Lessee is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementslaws, regulations and Landlord other directions of governmental authorities. Lessee shall be allowed permit Lessor to use and maintain and replace pipes and conduits in and through the demised Premises and to erect new pipes and conduits therein. Lessor may, during the progress of any work in the demised Premises, take all material necessary materials and equipment into and upon the said Premises that may be required therefor without the same constituting an eviction or constructive eviction nor shall the Lessee be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business of Tenant, or otherwise. Throughout the term hereof Lessor shall have the right to enter the demised Premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the Premises or of the building of which same are a part and during the last six months of the term for the purpose of showing same to prospective tenants and may, during said six months period, place upon the Premises the usual notice "To Let" and "For Sale" which notice Lessee shall permit to remain thereon without molestation. If Lessee is not present to open and permit an entry into the Premises, Lessor or Lessor's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Lessee's property and such entry shall not render Lessor or its agents liable therefor, nor in any event shall the obligations of Lessee hereunder be affected.

Appears in 1 contract

Samples: Complete Wellness Centers Inc

Access to Premises. The provisions of Section 14.1 7(d) of the Original Lease are amended and restated in their entirety as follows: Subject to an event of casualty or condemnation or force majeure (provided Landlord shall at all times use commercially reasonable efforts to provide such access despite such conditions), Landlord shall provide Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building with access to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, the Building and the Parking Garage twenty-four (24) hours a day, seven (7) days a week; provided, however, that (i) Landlord may temporarily restrict access to the Premises, the Building and the Parking Garage as reasonably necessary to repair or maintain the Building or any Building systems (including, but not limited to, one 12-hour interruption each year for Building and systems maintenance upon prior written notice at least thirty (30) days prior to such scheduled shutdown, provided that to the extent commercially practicable Landlord will schedule such work during non-Business Hours and will coordinate the scheduling of any such work if it must occur during Business Hours in a manner that does not thereby reduce materially adversely affect Tenant's business from the rentable area Premises), and (ii) Landlord may establish reasonable and nondiscriminatory regulations for the exercise of access to the Premises during non-Business Hours (as long as access is not unreasonably restricted during such hours), for the safety of the tenants or occupants of the Building or for the protection of the Building. In the event Tenant is precluded from access to the Premises for three (3) consecutive business days not the result of a casualty or condemnation or force majeure (subject to Landlord's obligations to use commercially reasonable efforts to provide such access despite such condition), and as a result Tenant is unable to access and use the Premises (or portion affected), then Base Rent and any applicable Expense Adjustment Amount and Tax Adjustment Amount for the Premises (or if only a portion of the Premises is affected, for such portion) shall be abated commencing on the first day following the third (3rd) consecutive business day of such preclusion until access has been restored. Notwithstanding the foregoing, [A] in the event that Tenant is precluded from access to more than fifty percent (50%) of any floor included in the Premises, it shall be deemed that Tenant is precluded from access to the entire floor; and [B] if Tenant is precluded from access to more than fifty percent (50%) of the Premises, other than then it shall be deemed that Tenant is precluded from access to a de minimis extentthe entire Premises. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to will take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwisecommercially reasonable efforts to restore all access as soon as practicable.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Access to Premises. Section 14.1 Tenant shall shall: (i) permit Landlord, Landlord’s agents Landlord and public utilities servicing the Building any Mortgagee to erect, use have access to and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter upon the Premises at all reasonable hours for the purposes of inspecting the Building or equipment serving the Building (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or making repairs, replacements or improvements required or permitted to be performed by Landlord pursuant to this Lease in or to the Building or elsewhere on the Property or complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (ii) permit Landlord, at reasonable times, to show the Premises during ordinary business hours to any Mortgagee, prospective purchaser of any interest of Landlord in the Building, the Property or any portion thereof, prospective Mortgagee, or prospective assignee of any Mortgage, and during the period of twelve months next preceding the Term Expiration Date to any person contemplating the leasing of the Premises or any part thereof. Such rights shall be exercised at such times upon and in such manner so as to minimize interference with Tenant’s use of the Premises for the permitted Use of the Premises and, except in the event of an emergency (i.e. an event immediately threatening life or property), Landlord shall give Tenant reasonable prior notice of any such entry (except no which such prior notice shall need not be required in case writing or given in accordance with Article 23.0 of emergencythis Lease), which notice may be oral, to examine . If during the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees last month of the Building and their respective agents and representatives or prospective tenants Term, Tenant shall have removed substantially all of Tenant's property from the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem 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 have no effect upon this Lease. If Tenant shall not be personally present to open and permit any entry into the Premises at any time when for any reason an entry therein shall be necessary or desirable permissible, Landlord or Landlord's agents must nevertheless be able to gain such entry by contacting a responsible representative of Tenant, whose name, address and telephone number shall be furnished by Tenant; provided, however, that if such representative of Tenant is not or cannot be available within a reasonable period of time (given the nature of or circumstances under which entry by Landlord is, in Landlord’s judgment necessary or permissible), this sentence shall not be interpreted to prohibit Landlord from gaining access to or entering the premises at such times and by such means and Landlord may in Landlord’s judgment deem appropriate. During any exercise of Landlord’s rights of access to, in or on the Premises or elsewhere on the Property pursuant to the Lease and without creating any other portion liability whatsoever on the part of Landlord, to the extent reasonable and practical under the circumstances as determined by Landlord, Landlord agrees to cooperate and coordinate with Tenant’s reasonable procedures of which Landlord has knowledge (“Security Procedures”) with respect to the security of the Building, or (b) which Landlord may elect to perform following Premises and Tenant’s failure property (including, without limitation, Tenant’s intellectual property), provided, however, that any additional reasonable expenses incurred by Landlord as a result of such cooperation and coordination shall be reimbursable to make repairs Landlord as Additional Rent. If and to the extent Tenant’s Security Procedures restrict Landlord from performing any of Landlord’s obligations under the Lease or perform Tenant’s Security Procedures would result in any work which Tenant is obligated to make or perform under this Leaseadditional expenses incurred by Landlord in the performance of such obligations, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed relieved of Landlord’s duty to perform such obligations and Tenant shall be obligated to perform such obligations at Tenant’s expense (all as if same were originally set forth in this Lease as Tenant’s obligations). At Tenant’s own expense and subject to the terms and conditions of the Lease (including, without limitation, this paragraph), Tenant agrees to take all material into and upon the Premises that may be required therefor whatever precautions it deems necessary to safeguard Tenant’s property, in particular, without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairslimitation, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise’s intellectual property.

Appears in 1 contract

Samples: Lease Agreement (OvaScience, Inc.)

Access to Premises. Section 14.1 Tenant Landlord shall permit have the right, upon reasonable prior notice, to enter upon the Premises at all reasonable business hours for the purpose of inspecting them or making such repairs or alterations as it is obligated to make under the terms of this Lease or which Landlord may elect to perform, following Tenant’s failure to do so. Repairs shall be made, and alterations as are the requirement of Landlord, Landlordin such a manner that they do not unreasonably interfere with Tenant’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area operation of the Premises, other than to a de minimis extentpremises or its quiet enjoyment. Repairs by either Landlord or Landlord’s agents Tenant on behalf of the other shall be made in a manner only upon prior notice and only if the other party fails to undertake such repairs that are its obligations upon notice as provided in Paragraph 9.3. The Landlord shall have the right to enter the premises at reasonable hours on reasonable notice to show them to prospective purchasers and mortgagees, however, such shall be in a manner that does not interfere with the operation of the business and shall not include entry into the kitchen and other areas which could be a violation of health codes or would create a hazard in the operation of the business. Other than as indicated above, in no event may Landlord enter the premises without the consent of Tenant unless there is an absolute emergency. Throughout the Term, Landlord shall have the right to enter the Premises at all reasonable times upon hours on reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsshowing them to prospective purchasers or mortgagees and, during the last six months of the Term, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, Landlord shall be allowed to take all material into and upon or Landlord’s agents may enter the Premises that same whenever such entry may be required therefor without reasonably necessary in event of an emergency to protect life or property. In no event shall the same constituting an eviction or constructive eviction obligations of Tenant in whole or in part and Fixed Rent and Additional Rent will not hereunder be abated while said repairs, alterations, improvements or additions are being made, affected by reason of loss or interruption of business of Tenant, or otherwiseany such entry.

Appears in 1 contract

Samples: Lease (Diversified Restaurant Holdings, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain maintain, concealed ducts, pipes and conduits in and through the Premiseswalls, columns and hung ceilings and under the floors of the Premises to the extent reasonably practicable, and provided that Landlord will the foregoing shall not thereby reduce the rentable usable square foot area of the Premises, other Premises by more than to a de minimis extentamount or materially interfere with the floor plan of the Premises. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors mortgagees or lessees of the Building and their respective agents and representatives or prospective tenants entire office portion of the PremisesBuilding or space therein, and to make such repairs, alterations, improvements or additions (a) as Landlord may reasonably deem necessary or desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, Requirements and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed the Rent and Additional Rent will not be abated shall in nowise 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 one (1) year period prior to the Confidential Treatment Requested by Compass, Inc. Pursuant to 17 C.F.R. Section 200.83 Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. Except in the event of an emergency or where such entry is required pursuant to Legal Requirements, Landlord’s right of entry pursuant to this Article shall be exercised following reasonable advance notice to Tenant (which notice may be oral) and Landlord agrees that while exercising such right of entry or making such repairs, replacements or improvements, Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business, without however, the necessity of incurring any overtime or other additional expense. Subject to the provisions of Subsection 9B hereof, Landlord shall promptly repair any damage to the Premises caused by Landlord’s or its agents’, employees’ or contractors’ access to the Premises. Tenant shall have the right to have a representative present during any entry into the Premises by Landlord or its agents, employees or contractors, provided that Tenant makes a representative available following the notice required by this Article 13 (if any). If, during the last three (3) months 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, 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 in the event of an emergency 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. Landlord also shall have the right at any time, without the 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 and to change the name, number or designation by which the Building is commonly known, provided that such changes shall not have a material adverse effect on Tenant’s access to the Premises or the general office use of the Premises. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Samples: Lease (Urban Compass, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents its authorized designate(s) shall have the right right, at any time and from time to time, to enter upon the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case for the purposes of emergency), which notice may be oral, to examine inspecting the same, to show them to prospective purchaserspreventing waste, Mortgageesconducting construction and/or alteration and/or maintenance activities, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make making such repairs, alterations, improvements or additions (a) repairs as Landlord may deem consider appropriate and/or necessary or desirable (but without any obligation to do so except as expressly provided for herein), and showing the Premises or to any other portion prospective tenants, mortgagees and/or purchasers. If during the last month of the BuildingTerm, Tenant shall have removed all or (b) which substantially all of Tenant's property therefrom, Landlord may elect immediately enter and alter, renovate and redecorate the Premises without elimination or abatement of Rent or Additional Rent or incurring liability to perform following Tenant’s failure to make repairs Tenant for any compensation or perform any work which Tenant is obligated to make offsets in Rent or perform under Additional Rent and charges owed and such acts shall have no effect upon this Lease. SUBJECT TO FORCE MAJEURE AND SUCH RESTRICTIONS AS LANDLORD MAY REASONABLY IMPOSE, or AND EXCEPT FOR BONA-FIDE EMERGENCY CIRCUMSTANCES, THE PREMISES SHALL BE AVAILABLE FOR TENANT'S ACCESS THERETO TWENTY-FOUR (c24) for the purpose of complying with Legal RequirementsHOURS PER DAY, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairsSEVEN (7) DAYS PER WEEK, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseEVERY DAY OF THE YEAR. SUCH CONTINUOUS ACCESS RIGHT SHALL ALSO INCLUDE ACCESS TO THE COMMON AREAS SERVING THE PREMISES AND TO THE PARKING FACILITY SERVING THE BUILDING.

Appears in 1 contract

Samples: Lease (Liquidmetal Technologies)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord and Landlord’s agents agents, employees and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to contractors may enter the Premises at all reasonable times upon reasonable prior (including during normal business hours) on50 notice (except no such prior notice shall be required in case to Tenant for the purpose of emergency)cleaning, which notice may be oralinspecting, to examine altering, improving and repairing the same, to show them to prospective purchasers, Mortgagees, Lessors Premises or lessees other parts of the Building and their respective agents and representatives ascertaining compliance with the 47 ; provided, that the failure of Tenant to make such immediate notification shall not make Tenant liable for any damage resulting from such water intrusion/loss, unless Tenant would otherwise be liable for such damage under the other provisions of this Lease 48 ; provided, however, that the foregoing items (c) through (g), inclusive shall not apply to the installation or prospective tenants of movement within the Premises, and by or at the direction of Tenant, of Tenant’s modular furniture, computers, equipment, wires, lines, cabling or similar connections, trade fixtures, partitions or other personal property located or to make such repairs, alterations, improvements or additions be located within the Premises that do not (ax) as Landlord may deem necessary or desirable require modification to the Premises or to any other portion Building, (y) affect the structure of the Building, or (bz) which require the addition of, or connection to, any pipe, line, wire, conduit or related facility for water, electricity, natural gas, sewer or other utility 49 , excepting only claims caused by the Indemnified Causes 50 at least twenty-four (24) hours’ provisions of this Lease by Tenant51. Landlord shall have free access to the Premises in an emergency. Landlord may elect also show the Premises to perform following prospective purchasers, tenants52 or mortgagees at reasonable times. Tenant waives any claim for any damage, injury or inconvenience to, or interference with, Tenant’s failure to make repairs business, occupancy or perform any work which Tenant is obligated to make quiet enjoyment of the Premises and other loss occasioned by such entry, unless caused by Landlord’s willful misconduct or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and gross negligence. Landlord shall be allowed at all times have a key with which to take unlock all material into and upon of the doors in the Premises that may be required therefor without the same constituting an eviction or constructive eviction of (excluding Tenant’s vaults, safes and similar areas designated in writing by Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseadvance).

Appears in 1 contract

Samples: Office Lease (CHG Healthcare Services, Inc.)

Access to Premises. Section 14.1 (A) Tenant shall permit Landlord, Landlord’s 's agents and public utilities servicing the Building to erect, use and maintain maintain, concealed ducts, pipes and conduits in and through the Premises, provided that and Landlord will agrees to use reasonable efforts to minimize any such activity so as not thereby reduce the rentable area of the Premises, other than to a de minimis extentdisrupt Tenant's business operations. Landlord or Landlord’s 's agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors Mortgagees or lessees of the Building and their respective agents and representatives or prospective tenants of the Premisesspace therein, and to make such repairs, alterations, improvements or additions (ai) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (bii) which Landlord may elect to perform following ten (10) days after notice following Tenant’s 's failure to make or commence making and thereafter diligently prosecute to completion repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (ciii) for the purpose of complying with Legal all Requirements and Insurance Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting a breach by Landlord of any provisions of this Lease, a breach of Tenant's quiet enjoyment, an eviction or constructive eviction of Tenant in whole or in part part, or a release of Tenant's obligations to pay Fixed Rent, Escalation Rent, or any item of Rental, and the Fixed Rent, Escalation Rent (and Additional Rent will not be abated while any other item of Rental) shall in no wise abatx xxxle said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Net2000 Communications Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon times, with reasonable prior advance notice (except no such prior not less that 48 hours advance notice shall be required in case of emergencyto Tenant), which notice may be oral, to examine the same, same and to show them to prospective purchasers, Mortgageesmortgagees, Lessors Tenants or lessees of the Building and their respective agents and representatives or prospective tenants of the PremisesLandlord, and or to public officials lawfully having an interest therein, or to make such decorations, repairs, alterations, improvements or additions (a) as Landlord may reasonably deem necessary or desirable to the Premises or to any close entrances, doors, corridors or other portion facilities. Landlord, Tenant and all other tenants in the Building and their respective guests, invitees and employees shall have ingress and egress to and from all common public areas of the Building, provided that (i) Landlord has the right, under reasonable regulations, to regulate and control such guests, invitees and employees with respect to such access and the days and hours of access, and (ii) all Common Areas and facilities not within the Premises, which Tenant may be permitted to use and occupy, are to be used and occupied under a revocable license, and if the amount of such areas is diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or (b) which diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction. In exercising is right of access to the Premises, Landlord may elect agrees to perform following take reasonable precautions to minimize interference with Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for business operations and use of the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwisePremises.

Appears in 1 contract

Samples: Lease Agreement (Insys Therapeutics, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents 13. Owner and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s Owner's agents shall have the right (but shall not be obligated) to enter the Premises demised premises in any emergency at all any time, and, at other reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oraltimes, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord Owner may deem necessary or and reasonably desirable to the Premises demised premises or to any other portion of the Building, Building or (b) which Landlord Owner may elect to perform following Tenant’s failure perform. Tenant shall permit Owner to make repairs use and maintain and replace pipes and conduits therein provided they are concealed within the walls, floor or perform ceiling. Owner may, during the progress of any work which Tenant is obligated to make or perform under this Lease, or (c) for in the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor demised premises without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last six (6) months of the term hereof for the purpose of showing the demised premises to prospective tenants. If Tenant is not present to open and permit an entry into the premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term hereof Tenant shall have removed all or substantially all of Tenant's property from the demised premises, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or otherwise.reincurring liability to Tenant for any compensation and such act shall have no effect on this Lease or Tenant's obligations hereunder. Vault, Vault Space, Area:

Appears in 1 contract

Samples: Agreement of Lease (MMC Energy, Inc.)

Access to Premises. Section SECTION 14.1 Tenant shall permit Landlord, Landlord’s 's agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided such work is performed by Landlord in a manner so as to minimize any interference that Landlord will not thereby reduce the rentable area of might be occasioned to Tenant's business operations and to minimize any damage that might result to the Premises, Tenant's Alterations or Tenant's Property. Landlord shall promptly repair any damage to the Premises, Tenant's Alterations or Tenant's Property caused by any work performed by Landlord pursuant to this Article 14; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other than premium pay rates or to a de minimis extentincur any other overtime costs or additional expenses whatsoever, unless Tenant shall first pay to Landlord as Additional Rent Landlord's reasonable estimate of any excess costs and expenses incurred by Landlord in employing such overtime or premium rate labor, and shall thereafter reimburse Landlord for any additional costs and expenses incurred by Landlord in excess of such estimated amount. Landlord or Landlord’s 's agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and, except as and to the extent provided in Section 5.4, Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Abovenet Communications Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain maintain, concealed ducts, pipes and conduits in and through the Premiseswalls, columns and hung ceilings and under the floors of the Premises to the extent reasonably practicable, and provided that Landlord will the foregoing shall not thereby reduce the rentable usable square foot area of the Premises, other Premises by more than to a de minimis extentamount or materially interfere with the floor plan of the Premises. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors mortgagees or lessees of the Building and their respective agents and representatives or prospective tenants entire office portion of the PremisesBuilding or space therein, and to make such repairs, alterations, improvements or additions (a) as Landlord may reasonably deem necessary or desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, Requirements and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed the Rent and Additional Rent will not be abated shall in nowise 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 one (1) year period prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. Except in the event of an emergency or where such entry is required pursuant to Legal Requirements, Landlord’s right of entry pursuant to this Article shall be exercised following reasonable advance notice to Tenant (which notice may be oral) and Landlord agrees that while exercising such right of entry or making such repairs, replacements or improvements, Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business, without however, the necessity of incurring any overtime or other additional expense. Subject to the provisions of Subsection 9B hereof, Landlord shall promptly repair any damage to the Premises caused by Landlord’s or its agents’, employees’ or contractors’ access to the Premises. Tenant shall have the right to have a representative present during any entry into the Premises by Landlord or its agents, employees or contractors, provided that Tenant makes a representative available following the notice required by this Article 13 (if any). If, during the last three (3) months 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, 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 in the event of an emergency 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. Landlord also shall have the right at any time, without the 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 and to change the name, number or designation by which the Building is commonly known, provided that such changes shall not have a material adverse effect on Tenant’s access to the Premises or the general office use of the Premises. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Samples: Agreement of Lease (Compass, Inc.)

Access to Premises. Section 14.1 16.01 Upon reasonable prior written notice to Tenant shall (except in the event of an emergency, and then at any time), Tenant will permit LandlordLandlord and its agents access to the Premises during all normal business hours for the purpose of examining the Premises, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, maintaining existing pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such making any repairs, alterations, improvements alterations or additions (a) as which Landlord may deem necessary for the safety, preservation or desirable to improvement of the Premises or to any other portion of the Building, or (b) which . Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall will be allowed to take all material into and upon the Premises that may be reasonably required therefor for such work and to perform such acts without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent part, provided Landlord shall not unreasonably interfere with the conduct of Tenant's business. The rent will not be abated xxxxx while said the repairs, alterations, improvements or additions are being mademade unless any such repairs (i) extend over a period of more than three (3) consecutive business days; and (ii) preclude Tenant from conducting its business in a commercially reasonable manner within the Premises for a period of more than three (3) consecutive business days, in which case fifty percent (50%) of the Base Rent shall be abated in proportion to the percentage of the Premises that cannot be used for Tenant's business in a comercially reasonable manner. Said rent abatement shall be for that period beyond three (3) consecutive business days during which Tenant is precluded from using the applicable portion of the Premises for Tenant's business in a commercially reasonable manner as a result of any repairs, alterations, improvements or additions being made by reason Landlord. Notwithstanding anything contained herein to the contrary, in no event shall rent xxxxx if repairs or replacements to the Premises or any other portion of loss the Building are necessitated by Tenant's negligence or interruption breach of business of Tenant, or otherwisethis Lease.

Appears in 1 contract

Samples: Lease Agreement (Federal Screw Works)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent13. Landlord or Landlord’s 's agents shall have the right (but shall not be obligated) to enter the Premises demised premises in an emergency at all any time, and, upon notice, at other reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oraltimes, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may reasonably deem necessary or and reasonably desirable to the Premises demised premises or to any other portion of the Building, building or (b) which Landlord may elect to perform following Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Leaselease, or (c) for the purpose of complying with Legal Requirementslaws, regulations and other directions of govermental authorities. Tenant shall permit Landlord shall be allowed to use and maintain and replace pipes and conduits therein. Landlord may, during the progress of any work on the demised premises, take all material necessary materials and equipment into and upon the Premises that may be required therefor said premises without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Landlord shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the premises, Landlord or Landlord's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property and such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. 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, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or otherwiseincurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder. Landlord shall have the right at any time, without the same constituting an eviction and without incurring liability to Tenant therefor to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the building and to change the name, number or designation by which the building may be known. Vault, Vault Space, Area: 14. No Vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building is leased hereunder, anything contained in or indicated on any sketch, blue print or plan or anything contained elsewhere in this lease to the contrary notwithstanding. Landlord makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility. Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be paid by Tenant.

Appears in 1 contract

Samples: Lease (Maxwell Shoe Co Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s Landlord and its agents and public utilities servicing representatives shall have the Building right to enter into and upon any and all parts of the Premises (a) to inspect or examine the Premises; (b) to determine the course and degree of completion of Tenant’s Work and its compliance with Tenant’s Plan (as defined in Section 54) and the terms of conditions of this Lease; (c) to perform any obligation of Landlord under this Lease or exercise any right or remedy reserved to Landlord under this Lease; (d) to erect, install, use and maintain concealed ductspipes, pipes ducts and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice ; (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and e) to make such decorations, repairs, alterations, improvements or additions (a) additions, or to perform such maintenance, including, but not limited to, the maintenance of all heating, air conditioning, ventilating, elevator, plumbing, electrical, telecommunication and other mechanical facilities, as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or desirable; (bf) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material materials into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said connection with any such decorations, repairs, alterations, improvements improvements, additions or additions are being mademaintenance; (g) to alter, renovate and decorate the Premises at any time during the Lease Term if Tenant shall have removed all or substantially all of Tenant’s property from the Premises; (h) to show the Premises to prospective tenants within the last eight (8) months of the Lease Term; and (i) to show the Premises to prospective purchasers or lenders of the Building. Supplementing the above, (i) Landlord agrees that, except in cases of emergency and/or when required or permitted by law, any entry upon the Demised Premises shall be made at reasonable times during Regular Business Hours, and only after reasonable advance notice; (ii) if Tenant, its agent, representative or employee shall not be personally present or shall not open and permit an entry into the Demised Premises at any time when such entry shall be necessary or permissible, Landlord shall use a master key or forcibly enter the Demised Premises, without liability; and (iii) lessors under any superior lease and the holders of any mortgage shall have the right to enter the Demised Premises from time to time through their respective employees, agents, representatives and architects to inspect the Premises or to cure any default of Landlord or Tenant relating thereto. Tenant shall not be entitled to any abatement or reduction of Rent by reason of loss this Section 13, nor shall such be deemed to be an actual or interruption constructive eviction. Notwithstanding anything to the contrary contained in this Section 13, Landlord and its agents shall have the right to permit access to the Demised Premises, whether or not Tenant shall be present, to any receiver, trustee, assignee for the benefit of business of Tenantcreditors, sheriff, marshal or court officer entitled to, or otherwisereasonably purporting to be entitled to, such access for the purpose of taking possession of, or removing, any property of Tenant or any other occupant of the Demised Premises, or for any other lawful purpose, or by any representative of the fire, police, building, sanitation or other department of the City, State or Federal Governments. Except in eases of emergency and/or when entry is required or permitted by law, any such entry upon the Demised Premises shall be made only after reasonable advance notice to Tenant and, upon Tenant’s request, Landlord shall provide Tenant with any available proof of authority and entitlement to enter. Nothing contained in this Section or any action taken by Landlord pursuant to this Section, shall be deemed to constitute recognition by Landlord that any person other than Tenant has any right or interest in this Lease or the Demised Premises.

Appears in 1 contract

Samples: Lease Agreement (Shutterstock, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord and Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area agents of the Premises, other than to a de minimis extent. Landlord any Fee Mortgage lender or Landlord’s agents Leasehold Mortgage lender shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no and in such prior notice shall be required a manner so as not to interfere with the use of the Premises or the conduct of business or operations on them, in case of emergency), which notice may be oral, order to examine and inspect the same, Premises and (when allowed under this Lease) to show them to prospective purchasers, Mortgagees, Lessors purchasers or lessees of the Building and their respective agents and representatives or prospective tenants of the Premisestenants, and to make such repairs, alterations, improvements or additions (a) repairs to the Premises as Landlord may deem necessary or desirable to the Premises or to any other portion because of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make accomplish necessary repairs or perform or, with respect to lenders, to gain access to any work collateral in which Tenant is obligated to make or perform under this Leasethe lender has a security interest of any kind, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same such entry constituting an eviction or constructive eviction of Tenant in whole or in part part, and Fixed Rent and Additional Rent will the rent reserved shall not be abated xxxxx while said repairs, alterations, improvements or additions such repairs are being made. During the six (6) months prior to the expiration of the Lease Term, by reason of loss Landlord may exhibit the Premises to prospective tenants or interruption of business of Tenantpurchasers, and place upon the Premises the notices “For Lease” or “For Sale.” At any time during the Lease, Landlord may exhibit the Premises to prospective purchasers. Nothing in the foregoing provisions however, shall be deemed or construed to impose upon Landlord any obligation, responsibility, or otherwiseliability whatsoever, for the care, maintenance, or repair of the Premises or any part of them, except as otherwise specifically provided. Landlord shall give Tenant not less than twenty-four (24) hours prior written notice if Landlord is to enter during nonbusiness hours, except in the case of emergencies where no notice is required.

Appears in 1 contract

Samples: Ground Lease Agreement

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erectits agents, use and maintain concealed ductsservants, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to employees may enter the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable prior notice (except no such prior notice shall be required to Tenant under the circumstances, in case of an emergency), which notice may be oral, to examine do the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of following: inspect the Premises; comply with all laws, orders, ordinances and to make such repairs, alterations, improvements requirements of any governmental unit or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) authority for which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (c90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the purpose least practical interference to Tenant’s business and Tenant’s use of complying the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with Legal Requirementsthe Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be allowed liable for any damage to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise’s property.

Appears in 1 contract

Samples: Deed of Ground Lease (Ricks Cabaret International Inc)

Access to Premises. Section 14.1 (A) Tenant shall permit Landlord, Landlord’s agents agents, representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain maintain, concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce as limited by the rentable area provisions of the PremisesSection 14.1(C). Landlord, other than to a de minimis extent. Landlord or Landlord’s agents agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building shall have the right to enter the Premises at all reasonable times upon reasonable at least twenty-four (24) hours’ prior notice to Tenant (except no such to the case of an emergency in which event Landlord and Landlord’s agents, representatives, contractors, and employees may enter without prior notice shall be required in case of emergencyto Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premisesor existing Mortgagees or Lessors, and to make such repairsrepairs and alterations (provided such alterations are performed subject to, alterationsand as limited by, improvements the provisions of Section 14.1(C)), or additions restorations under Articles 10 or 11 of this Lease (ai) as Landlord may deem necessary or reasonably desirable to the Premises or to any other portion of the Building, or (bii) which Landlord may elect to perform following ten (10) days after notice, except to the case of an emergency (in which event Landlord and Landlord’s agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (ciii) for the purpose of complying with Legal any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in to part and the Fixed Rent (and Additional Rent will not be abated any other item of Rental) shall in no wise axxxx while said repairsrepairs and alterations (provided such alterations are performed subject to, alterationsand as limited by, improvements the provisions of Section 14.1(C)), or additions restorations under Articles 10 or 11 of this Lease are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Coty Inc /)

Access to Premises. Section 14.1 Tenant Landlord shall permit Landlordhave the right, Landlord’s agents and public utilities servicing at all reasonable times upon 24 hours prior notice to Tenant, either itself or through its authorized agents, to enter the Building Premises (i) to erectmake repairs, use and maintain concealed ductsalterations or changes as Landlord is required or permitted to make hereunder, pipes and conduits in and through (ii) to inspect the Premises, provided and (iii) to show the Premises to prospective mortgagees and purchasers. Landlord shall have the right, either itself or through its authorized agents, to enter the Premises at all reasonable times for inspection to show prospective tenants if within one hundred eighty (180) days prior to the Expiration Date as extended by any exercised option. Landlord agrees that Landlord will not thereby reduce at all times other than in the rentable area event of an emergency, it shall use reasonable efforts to minimize interference with Tenant's business in connection with its right of entry hereunder. Tenant, its agents, employees, invitees, and guests, shall have the right of ingress and egress to common and public areas of the PremisesBuilding, other than provided Landlord by reasonable regulation may control such access for the comfort, convenience, safety and protection of all tenants in the Building, or as needed for making repairs and alterations. Tenant shall be responsible for providing access to a de minimis extentthe Premises to its agents, employees, invitees and guests after hours and Landlord shall provide card access therefore at Tenant's expense to be paid out of the Allowance (as defined in the Workletter), but in no event shall Tenant's use of and access to the Premises after hours compromise the security of the Building. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required any time in case the event of an emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Office Lease (Lifepoint Hospitals Holdings Inc)

Access to Premises. Section 14.1 Tenant shall shall: (i) permit Landlord, Landlord’s agents and public utilities servicing the Building Landlord to erect, use and maintain concealed ductspipes, pipes ducts and conduits in and through the Premises, provided that Landlord will the same do not thereby materially reduce the rentable floor area or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the PremisesBuilding or the Building and land or of the interest of Landlord therein, other than and any lessor under any underlying lease, and their representatives, to a de minimis extent. Landlord or Landlord’s agents shall have the right reasonable access to and to enter upon the Premises at all reasonable times hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment, provided that such storage does not adversely affect Tenant’s access to or the use and occupancy of the Premises); and (iii) permit Landlord, at reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the sametimes, to show them the Premises during ordinary Business Hours to any existing or prospective purchasersmortgagee, Mortgageespurchaser, Lessors or lessees assignee of any mortgage of the Building or of the Building and their respective the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit an entry 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, in the event of an emergency, 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 representatives or prospective tenants without in any manner affecting the obligations and covenants of this Lease; provided, however, except in an emergency, Landlord shall use reasonable efforts to schedule any access in advance with Tenant and at times when Tenant is reasonably able to have a representative present during such access. Landlord shall exercise its rights of access to the Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize to the extent practicable interference with Txxxxx's use and occupation of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Confidentiality Agreement (Hubspot Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at all any time, and, at other reasonable times times, upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oralnotice, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem necessary or and reasonably desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform following Tenant’s failure perform; provided, that Landlord shall repair any damage caused to make repairs the Premises as a result of such access. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Premises and to erect new pipes and conduits therein provided they are concealed within the walls, floors, or perform ceiling. Landlord shall use commercially reasonable efforts not to locate any wet piping below those portions of the floor slabs of the floors above those portions of the Premises utilized for computer/information technology rooms or telecommunications rooms. Landlord may, during the progress of any work which Tenant is obligated to make or perform under this Leasein the Premises, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material necessary materials and equipment into and upon the said Premises that may be required therefor without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise. Landlord shall use commercially reasonable efforts to exercise its rights of access to the Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize to the extent practicable interference with Tenant’s use and occupation of the Premises, and shall take reasonable care to safeguard the Premises and Tenant’s property. Throughout the term hereof Landlord shall have the right to enter the Premises at reasonable hours upon reasonable advance notice for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last six months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property. 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, alter, renovate or redecorate the Premises without limitation or abatement of rent, or otherwiseincurring liability to Tenant for any compensation and such act shall have no effect on this Lease or Tenant’s obligations hereunder.

Appears in 1 contract

Samples: Agreement of Lease (Salon Media Group Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent13. Landlord Owner or Landlord’s Owner's agents shall have the right (but shall not be obligated) to enter the Premises demised premises in any emergency at all any time, and, at other reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oraltimes, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord Owner may deem necessary or and reasonably desirable to the Premises or to any other portion of the Building, building or (b) which Landlord Owner may elect to perform following in the premises after Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Leaselease, or (c) for the purpose of complying with Legal Requirementslaws, regulations and Landlord other directions of governmental authorities. Tenant shall be allowed permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided, wherever possible, they are within walls or otherwise concealed. Owner may, during the progress of any work in the demised premises, take all material necessary materials and equipment into and upon the Premises that may be required therefor said premises without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants and may, during said six months period, place upon the premises the usual notices "To Let" and "For Sale" which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall be removed all or substantially all of Tenant's property therefrom. Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or otherwiseincurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligation hereunder.

Appears in 1 contract

Samples: Agreement of Lease (Access Integrated Technologies Inc)

Access to Premises. Section 14.1 To enter the Premises in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder, (iii) show the Premises to current and prospective Lenders, insurers, purchasers, tenants, brokers and governmental authorities, (iv) decorate, remodel or alter the Premises if Tenant shall permit Landlordabandon the Premises at any time, Landlord’s agents or shall vacate the same during the last 120 days of the Term (without thereby terminating this Lease), and public utilities servicing (v) perform any work or take any other actions under Paragraph (C) below, or exercise other rights of Landlord under this Lease or applicable Laws. However, Landlord shall: (a) provide reasonable advance written or oral notice to Tenant's onsite manager or other appropriate person (except for cleaning and ordinary maintenance and except in emergencies), (b) take reasonable steps to minimize any significant disruption to Tenant's business, and following completion of any work, return Tenant's leasehold improvements, fixtures, property and equipment to the Building original locations and condition to erectthe fullest extent reasonably possible, use and maintain concealed ducts, pipes and conduits in and through (c) take reasonable steps to avoid materially changing the Premises, provided that Landlord will not thereby reduce configuration or reducing the rentable area square footage of the Premises, unless required by Laws or other than to a de minimis extent. Landlord or causes beyond Landlord’s agents shall have 's reasonable control (and in the right to enter event of any permanent material reduction, the Rent and other rights and obligations of the parties based on the square footage of the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required proportionately reduced). Tenant shall not place partitions, furniture or other obstructions in case of emergency), the Premises which notice may be oral, prevent or impair Landlord's access to examine the same, to show them to prospective purchasers, Mortgagees, Lessors Systems and Equipment for the Property or lessees of the Building systems and their respective agents and representatives or prospective tenants of equipment for the Premises, and to make . If Tenant requests that any such repairs, alterations, improvements access occur before or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, after Landlord's regular business hours and Landlord approves, Tenant shall be allowed to take pay all material into overtime and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant other additional costs in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseconnection therewith.

Appears in 1 contract

Samples: Office Lease (Purchasesoft Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that 12.1 Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter upon the Premises at all reasonable times upon hours, following reasonable prior notice to Tenant and so long as Landlord complies with Tenant’s reasonable security requirements and standard operating procedures (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of “SOPs”) for the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirementsinspecting them, and making repairs to them, making alterations or additions to adjacent premises, conducting environmental inspections or curing any default of Tenant hereunder that Landlord shall be allowed elects to take all material into and cure; provided, however, in the case of an emergency, Landlord may enter upon the Premises that may without prior notice to Tenant but shall notify Tenant of such entry as soon as reasonably practicable thereafter. Landlord shall not be required therefor without liable to Tenant for any expense, loss or damage from any such entry upon the Premises made in compliance with the terms of this Section. Tenant shall permit Landlord, at any time within 6 months prior to the expiration of this Lease, to place upon the Premises any “For Lease” signs and during such period, Landlord or its agent may, during normal business hours, following reasonable prior notice to Tenant and so long as Landlord complies with Tenant reasonable security requirements and SOPs, enter upon the Premises and exhibit same constituting an eviction or constructive eviction to prospective tenants. In entering the Premises, Landlord shall use reasonable efforts not to interfere with the business of Tenant being conducted therein. Notwithstanding the foregoing, (i) in whole no event may Landlord access any “clean rooms” located in the Premises from time to time (and Tenant shall have no obligation to provide Landlord with any keys or other forms of access to such “clean rooms”) and (if) Tenant may designate (in part and Fixed Rent and Additional Rent will not be abated while said repairsits reasonable discretion) certain other areas within the Premises as off-limits to Landlord; provided, alterationshowever, improvements Landlord may access such areas in case of emergency involving imminent danger of serious injury to individuals or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseserious property damage to the Center.

Appears in 1 contract

Samples: Lease Agreement (Neoleukin Therapeutics, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord17.1 Landlord reserves, Landlord’s agents for itself and public utilities servicing the Building to erectany designated agent, use and maintain concealed ductsrepresentative, pipes and conduits in and through the Premisesemployee or contractor, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (and, except no such prior notice shall be required in case cases of emergency), which notice may be oralafter giving Tenant reasonable notice: (a) to inspect the Premises, (b) to examine determine whether Tenant is complying with the sameterms of this Lease, (c) to show them the Premises to prospective purchasers, Mortgageesmortgagees or, Lessors or lessees during the last year of the Building Term of this Lease, tenants, (d) to post notices of nonresponsibility, and their respective agents (e) to alter, improve or repair the Premises and representatives any portion of the Building, without the abatement of Base Rent or prospective tenants Additional Charges, and may for that purpose erect, use and maintain necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that the entrance to the Premises shall not be blocked thereby, and further provided that the business of the Tenant shall not be interfered with unreasonably. 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 or any other loss occasioned thereby. Tenant agrees that 24 hours notice shall be deemed reasonable notice under this Section 17.1. Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon and about the Premises (excluding Tenant's vaults or safes). Landlord shall have the right to use any and all means that 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 to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable any entry to the Premises or to portions thereof obtained by Landlord by any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenantmeans, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the premises or any portion thereof.

Appears in 1 contract

Samples: Commercial Lease (Montgomery Realty Group Inc)

Access to Premises. Section 14.1 Tenant Landlord and its authorized representatives shall permit Landlordhave the right to enter upon the Premises during all regular business hours for the purpose of inspecting or exhibiting the same to prospective purchasers, Landlord’s agents mortgagees and public utilities tenants. Landlord shall have the right to maintain and repair all utility equipment, in, upon, above or under the Premises as may be necessary for the servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, Premises and/or other than to a de minimis extentportions of the Shopping Center. Landlord or Landlord’s agents shall also have the right to enter the Premises during all regular business hours (and in emergencies at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case times) for the purpose of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable making any repairs to the Premises or to the building of which it forms a part as Landlord may deem necessary, and for any other portion of the Buildinglawful purpose; and in connection therewith, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed have the right to take all material into materials, tools and upon equipment in, through or above the Premises that may be required therefor without the same constituting an eviction actual or constructive eviction of Tenant in whole from the Premises or in any part thereof. Nothing herein shall be deemed to impose any duty upon Landlord to do any such work which Tenant is required to perform, and Fixed Rent and Additional Rent will the performance thereof by Landlord shall not be abated while said repairsa waiver of Tenant's default in failing to perform the same. Landlord shall not be liable for any inconvenience, alterationsdisturbance, improvements or additions are being made, by reason of loss or interruption of business or other damage to Tenant due to the performance by Landlord of Tenantany work in, upon, above or otherwise.under the Premises or for bringing materials, tools and equipment in, through or above the Premises, and the obligations of Tenant under this Lease shall not thereby be affected in any manner, nor shall the same constitute any ground for an abatement of any rents, provided, however, Landlord shall use reasonable efforts not to interfere with the

Appears in 1 contract

Samples: Casa Ole Restaurants Inc

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord Owner or Landlord’s Owner's agents shall have the right (but shall not be obligated) to enter the Premises demised premises in any emergency at all any time, and, at other reasonable times times, upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oralnotice, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord Owner may elect to perform following in the premises after Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Leaselease, or (c) for the purpose of complying with Legal Requirementslaws, regulations and Landlord shall be allowed to other directions of governmental authorities. Owner may, during the progress of any work in the demised premises, take all material necessary materials and equipment into and upon the Premises that may be required therefor said premises without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business of Tenant, or otherwise. In accessing the demised premises, Landlord shall act so as to not to significantly interfere with Tenant's business operations and shall give reasonable prior notice of said access. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six (6) months of the term for the purpose of showing the same to prospective tenants and may, during said six months period, place upon the demised premises the usual notices "To Let" and "For Sale" which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected.

Appears in 1 contract

Samples: Agreement of Lease (Di Giorgio Corp)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s 's agents shall have the right (but shall not be obligated) to enter the Demised Premises in any emergency at all any time, and, at other reasonable times upon reasonable prior advance notice (except no such prior notice shall be required in case of emergency), which notice may be oralto Tenant, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord may deem necessary or and reasonably desirable to the Premises or to any other portion of the Building, Building or (b) which Landlord may elect to perform following in the Demised Premises after Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Leaselease, or (c) for the purpose of complying with Legal Requirementslaws, regulations and other directions of governmental authorities. Except in emergency cases, Landlord will not enter or access the sixth (6/th/) floor of the Building and/or the mechanical areas servicing the Demised Premises without a representative of Tenant present. Landlord shall be allowed perform any work using all reasonable efforts to minimize interference and interruption with Tenant's occupancy and the conduct of its business in the Demised Premises. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Demised Premises and to erect new pipes and conduits therein provided, that (a) such pipes and conduits are concealed in the walls, floors, columns or ceiling of the executive and administrative portions of the Demised Premises if practical and/or legal, (b) the work is performed at such times and by such methods as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises (c) damage the appearance of the Demised Premises or (d) materially and adversely affect the layout of the Demises Premises. Landlord at its sole cost and expense, shall promptly repair any damage caused by any such work. Landlord may, during the progress of any work in the Demised Premises, take all material necessary materials and equipment into the Demised Premises, provided Landlord does not unreasonably interfere with Tenant's use and upon occupancy of the Demised Premises that may be required therefor without the same constituting an eviction actual or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Landlord shall have the right to enter the Demised Premises at reasonable hours upon reasonable advance notice to Tenant for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and upon reasonable advance notice to Tenant during the last six (6) months of the term for the purpose of showing the same to prospective tenants and may, during said six (6) months period, place upon the Building the usual notices "To Let" and "For Sale" which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the Demised Premises, Landlord or Landlord's agents may enter the same by master key or forcibly in an event of an emergency only and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. 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, alter, renovate or redecorate the Demised Premises without limitation or abatement of rent, or otherwiseincurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder, except that Tenant shall have no obligations to repair or restore any portion of the Demised Premises which Landlord alters, decorates or renovates. Notwithstanding anything to the contrary contained in Article 13, the Rider hereto or any other provision contained in this Lease, Landlord acknowledges that it shall not have the right to enter into (w) any portion of the Demised Premises designated on Exhibit A as the "Shared Area"; (x) any other portion of the Demised Premises designated on Exhibit A as a "Secure Area" or hereinafter designated as such by Tenant in writing for any reason whatsoever; (y) the sixth (6/th/) floor or any part of the Demised Premises in which a "data center" is located; and (z) any mechanical areas servicing the Demised Premises (collectively, the "Restricted Area"), without the prior consent of Tenant in each instance, except in the case of an emergency.

Appears in 1 contract

Samples: Office Lease (Intira Corp)

Access to Premises. Section 14.1 16.01 Upon reasonable prior written notice to Tenant shall (except in the event of an emergency, and then at any time), Tenant will permit LandlordLandlord and its agents access to the Premises during all normal business hours for the purpose of examining the Premises, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, maintaining existing pipes and conduits in and through the PremisesPremises and making any repairs, alterations or additions which Landlord may deem necessary for the safety, preservation or improvement of the Premises or the Building. Landlord will be allowed to take all material into the Premises that may be reasonably required for such work and to perform such acts without the same constituting an eviction of Tenant in whole or in part, provided that Landlord shall not unreasonably interfere with the conduct of Tenant's business. The rent will not thereby reduce abate while the rentable area repairs, alterations, improvements or additionx xxx being made unless any such repairs (i) extend over a period of more than three (3) consecutive business days; and (ii) preclude Tenant from conducting its business in a commercially reasonable manner within the Premises for a period of more than three (3) consecutive business days, in which case fifty percent (50%) of the Premises, other than Base Rent shall be abated in proportion to a de minimis extent. Landlord or Landlord’s agents shall have the right to enter percentage of the Premises at all that cannot be used for Tenant's business in a commercially reasonable times upon reasonable prior notice (except no such prior notice manner. Said rent abatement shall be required in case of emergency), for that period beyond three (3) consecutive business days during which notice may be oral, to examine Tenant is precluded from using the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees applicable portion of the Building and their respective agents and representatives or prospective tenants Premises for Tenant's business in a commercially reasonable manner as a result of the Premises, and to make such any repairs, alterations, improvements or additions (a) as Landlord may deem necessary being made by Landlord. Notwithstanding anything contained herein to the contrary, in no event shall rent abate if repairs or desirable replacements to the Premises or to any other portion xxxxxon of the Building, Building are necessitated by Tenant's negligence or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under breach of this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Escrow Agreement (Experience Management LLC)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord Owner or Landlord’s Owner's agents shall have the right (but shall not be obligated) to enter the Premises demised premises in any emergency at all any time, and, at other reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oraltimes, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord Owner may deem necessary or and reasonably desirable to the Premises demised premises or to any other portion of the Building, building or (b) which Landlord Owner may elect to perform following Tenant’s failure perform. Tenant shall permit Owner to make repairs use and maintain and replace pipes, ducts and conduits in and through the demised premises and to erect new pipes, ducts and conduits therein provided they are concealed within the walls, floor, or perform ceiling. Owner may, during the progress of any work which Tenant is obligated to make or perform under this Leasein the demised premises, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material necessary materials and equipment into and upon the Premises that may be required therefor said premises without the same constituting an eviction or constructive eviction nor shall the Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant's property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or otherwiseincurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder.

Appears in 1 contract

Samples: International Telecommunication Data Systems Inc

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent13. Landlord Owner or LandlordOwner’s agents shall have the right (but shall not be obligated) to enter the Premises demised premises in any emergency at all any time and at other reasonable times times, upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, same and to make such repairs, alterations, replacements and improvements or additions (a) as Landlord Owner may deem necessary or and reasonably desirable to the Premises or to any other portion of the Buildingbuilding, or (b) which Landlord Owner may elect to perform following in the demised premises after Tenant’s failure to make repairs repairs, after reasonable notice of the need to make same or perform any work which Tenant is obligated to make or perform under this Leaselease, after reasonable notice of the need to make same or (c) for the purpose of complying with Legal Requirementslaws, regulations and other directions of governmental authorities. Tenant shall permit Owner to use, maintain and replace pipes, ducts, and Landlord shall be allowed conduits in and through the demised premises, and to erect new pipes, ducts, and conduits therein provided such pipes and conduits do not materially and adversely reduce the usable area of the demised premises and, wherever possible, that they are within walls or otherwise concealed. Owner may, during the progress of any work in the demised premises, take all material necessary materials and equipment into and upon the Premises that may be required therefor said premises without the same constituting an eviction or constructive eviction eviction, nor shall Tenant be entitled to any abatement of Tenant rent while such work is in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairsprogress, alterations, improvements or additions are being made, nor to any damages by reason of loss or interruption of business or otherwise. Owner shall use commercially reasonable efforts to minimize interference with the conduct of tenant’s business in connection with Owner’s exercise of the rights set forth herein. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last twelve (12) six (6) months of the term for the purpose of showing the same to prospective tenants, and may during said twelve (12) six (6) months period, place upon the demised premises the usual notices “To Let” and “For sale” which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant’s property there front, Owner may immediately enter, alter, renovate or otherwiseredecorate the demised premises without limitation or abatement of rent or incurring liability to tenant for any compensation and such act shall have no effect on this lease on Tenant’s obligation hereunder.

Appears in 1 contract

Samples: Standard Microsystems Corp

Access to Premises. Section 14.1 Tenant Lessor shall permit Landlordprovide Lessee, Landlordin accordance with Lessor’s agents normal security and public utilities servicing safety requirements, with which Lessee agrees to comply and cause its employees, contractors and sub- contractors to comply, provided, that Lessee shall have first received written notification thereof, with access to the Building Site as reasonably necessary to erectallow Lessee to perform the installation work and operate, use maintain, improve and maintain concealed ductsreplace the System as contemplated in the PPA2-D, pipes including, without limitation, ingress and egress rights to and from the Premises for Lessee and its employees, contractors and sub-contractors and access to electrical panels and conduits in and through to interconnect the System with the Site’s electrical wiring. Lessor shall use commercially reasonable efforts to provide sufficient space, adjacent to the Premises, provided for the temporary storage and staging of tools, materials and equipment and for the parking of construction crew vehicles and temporary construction trailers and facilities reasonably necessary during the installation work, removal work and access for rigging and material handling. Lessor shall provide Lessee a reasonable area adjacent to the Premises for construction laydown. Lessor and its authorized representatives shall at all times have access to and the right to observe the installation work, subject to compliance with Lessee’s safety rules, but shall not interfere with the installation work or handle any Lessee equipment or the System without prior written authorization from Lessee. In addition, Lessor shall grant Lessee, in accordance with Lessor’s normal security and safety requirements, with which Lessee agrees to comply and cause its employees, contractors and sub-contractors to comply, provided, that Landlord will not thereby reduce Lessee shall have first received written notification thereof, access to the rentable area Site as reasonably necessary to allow Lessee to perform the O&M Work, including, without limitation, ingress and egress rights to and from the Premises for Lessee and its employees, contractors and subcontractors and local electric utility personnel. Notwithstanding anything to the contrary herein, with respect to future changes to Lessor’s security and safety requirements, Lessor shall provide Lessee with written notification of such changes and if Lessee reasonably determines that compliance with such changes would materially or adversely increase Lessee’s obligations or decrease Lessee’s rights under this Agreement, Lessee and Lessor shall negotiate in good faith to determine how to resolve the Premisesimpact of such changes on Lessee; provided, other than that, if Lessee and Lessor are unable through such negotiations to a de minimis extent. Landlord or Landlord’s agents reach an agreement as to the impact of such changes on Lessee, Lessee shall have the right to enter terminate this Agreement as set forth in Section 8 hereof, in which case the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case provisions of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or Section 12.2 (b) which Landlord may elect of the PPA2-D shall apply. Lessee shall perform the O&M Work in a manner that minimizes inconvenience to perform following Tenantand interference with Lessor and Lessor’s failure invitees’ and customers’ use of the Property to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseextent commercially practicable.

Appears in 1 contract

Samples: Lender Agreement (Bloom Energy Corp)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or Landlord’s agents shall have the right to To enter the Premises at all reasonable times upon with reasonable prior notice to Tenant in order to: (except no such prior notice i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder, (iii) show the Premises to current and prospective Lenders, insurers, purchasers, tenants, brokers and government authorities, (iv) decorate, remodel or alter the Premises if Tenant shall be required in case abandon the Premises at any time, or shall vacate the same during the last one hundred twenty (120) days of emergencythe Term (without thereby terminating this Lease), which notice may be oraland (v) perform any work or take any other actions under Paragraph (C) below, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees exercise other rights of the Building and their respective agents and representatives Landlord under this Lease or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions applicable Laws. However Landlord shall: (a) as Landlord may deem necessary provide reasonable advance written or desirable oral notice to the Premises Tenant's on-site manager or other appropriate person for matters which will involve a significant disruption to any other portion of the Building, or Tenant's business (except in emergencies) and (b) take reasonable steps to minimize any significant disruption to Tenant's business, and following completion of any work, return Tenant's leasehold improvements, fixtures, property and equipment to the original locations and condition to the fullest extent reasonably possible. Tenant shall not place partitions, furniture or other obstructions in the Premises which Landlord may elect prevent or impair Landlord's access to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) the Systems and Equipment for the purpose of complying with Legal Requirements, Building or the systems and equipment for the Premises. If Tenant requests that any such access occur before or after Landlord's regular business hours and Landlord approves, Tenant shall be allowed to take pay all material into overtime and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant other additional costs in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwiseconnection therewith.

Appears in 1 contract

Samples: Lease (TherapeuticsMD, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, Landlord’s 's agents and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will such use shall not thereby reduce the usable square footage of the Premises by an amount in excess of one percent (1%) of the rentable area square footage of the Premises, other than to a de minimis extent. Landlord or Landlord’s 's agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s 's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Fibernet Telecom Group Inc\)

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