Common use of Access to Premises Clause in Contracts

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 5 contracts

Sources: Ground Lease Agreement, Ground Lease Agreement (VCG Holding Corp), Stock Purchase Agreement (VCG Holding Corp)

Access to Premises. Section 14.1 Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse 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 employees may 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. Section 14.2 If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord’s agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable advance notice care to Tenant’s property), and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Section 14.3 Landlord shall have the right from time to time to alter the Building and, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement 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, however, that Landlord shall not make any permanent alterations which will deny or substantially interfere with Tenant’s access to the Premises from the public areas of the Building. All parts (or an authorized employee except surfaces facing the interior of Tenant at the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances other than doors and entrances solely servicing the Premises), all balconies, terraces and at any time, upon reasonable notice roofs adjacent to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with , all laws, orders, ordinances and requirements of any governmental unit space in or authority for which Landlord may be responsible under this Lease, if any; show adjacent to the Premises to prospective lenders or purchasers andused for shafts, 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 Leasestacks, to prospective tenantsstairways, but only if all such showings chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance part of the Premises) , and Landlord shall have the use thereof, as well as access thereto through the Premises for sale or for lease signs; provided; howeverthe purposes of operation, 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 maintenance, alteration and Tenant’s use of the Premisesrepair. In all events, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes in connection 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 defaultany actions by Landlord permitted under this Section 14.3; provided, negligence or willful misconduct)however, then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and that Landlord shall be liable for have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any damage to Tenant’s propertyother overtime costs or additional expenses whatsoever.

Appears in 4 contracts

Sources: Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.)

Access to Premises. (a) Landlord and Landlord’s employees, its agents, servants, or employees agents and contractors may enter the Premises at reasonable times with reasonable advance (including during Building Hours) on at least twenty-four (24) hours’ prior written or verbal notice to Tenant (or an authorized employee except in the event of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency) for the purpose of: (i) cleaning, to do the following: inspect the Premises; comply with all lawsinspecting, ordersaltering, ordinances improving and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show repairing the Premises to prospective lenders or purchasers andother parts of the Building; (ii) at reasonable intervals, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance ascertaining compliance 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 Lease by Tenant; and (iii) showing the Premises to prospective purchasers, tenants or post mortgagees (on but with respect to prospective tenants for the DevelopmentPremises, only during the last six (6) months of the Term, as the same may be extended, and at any time a Tenant Default exists under this Lease). Landlord shall have free access to the Premises in an emergency, but not within or Landlord shall use its best efforts to notify Tenant of such emergency as soon as possible. Landlord shall at the entrance all times have a key with which to unlock all of the Premises) for sale or for lease signsdoors in the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in advance); provided; , however, that all Tenant may designate a limited number of specified rooms, offices or closets within the Premises as off-limits to janitorial service providers, and such entries providers shall not be completed promptly in a good workmanlike manner so as permitted to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. enter therein. (b) In all events, Landlord shall use commercially reasonable efforts to minimize interference with any entry into the Premises and Tenant’s business operations thereon. If in any work done by Landlord in the Building, Landlord and Landlord’s entry materially employees, agents and substantially interferes with contractors shall: (i) use their best efforts to avoid and minimize any damage or injury to, interference with, and disturbance of, Tenant and the conduct operation of Tenant’s business and/or cause damage in the Premises; (ii) comply with all reasonable security regulations and procedures as may then be in effect with respect to Tenant’s property operations in the Premises; and (iii) use their best efforts to maintain the confidentiality of any materials within the Premises. Tenant may secure the Premises at all times and may require that any individual entering the entry is not needed because Premises be accompanied by an employee of Tenant’s default, negligence or willful misconductTenant at all times (except in the case of an emergency), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 4 contracts

Sources: Lease Agreement, Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantsducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or employees may 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 times with reasonable advance notice 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 Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do Building or elsewhere on the following: inspect the Premises; comply Property or complying with all laws, orders, ordinances orders and requirements of governmental or other authority or of exercising any governmental unit right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or authority for 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 Landlord may such notice need not be responsible under in writing or given in accordance with Article 23.0 of this Lease), if any; to show the Premises during ordinary business hours to any Mortgagee, prospective lenders purchaser of any interest of Landlord in the Building, the Property or purchasers andany portion thereof, prospective Mortgagee, or prospective assignee of any Mortgage, and during the ninety (90) days 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 prior 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 be furnished by Tenant. Landlord shall exercise its rights of access to the expiration Premises permitted under any of the terms and provisions of this Lease if Tenant declines in such manner as to renew for an additional term in accordance with the provisions of this Leaseminimize, to prospective tenantsthe extent practicable, 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 least practical interference to Tenant’s business and with Tenant’s use and occupation of the Premises. In all eventsIf an excavation shall be made or authorized by the Landlord to be made upon the Property, Landlord Tenant shall use commercially reasonable efforts afford, to minimize interference with the person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as said person shall deem necessary to preserve the Building, the Property or any portion thereof from injury or damage and Tenant’s business operations thereon. If to support the same by proper foundations without any claim for damage or indemnity against Landlord’s entry materially and substantially interferes with the conduct , or diminution or abatement 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyRent.

Appears in 3 contracts

Sources: Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.)

Access to Premises. (a) Tenant shall permit Landlord, its agentsLandlord's agents and independent contractors and public utilities servicing the Building to have reasonable access for the purpose of maintaining existing concealed ducts, servants, pipes and conduits in and through and to access all Common Areas within the Building and all Common Areas comprising a portion of the Land. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency) reasonable advance prior notice, which notice may be oral, to Tenant (examine the same, to show the same to prospective purchasers, Mortgagees or an authorized employee lessees of Tenant at the Premises)Building or space therein, and at to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises or to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be responsible required) following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction 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 prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested by Tenant; in whole or post (on in part and 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no respect ▇▇▇▇▇ in proportion or be reduced by reason of said repairs, alterations, improvements or 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 extent 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 interference Security System for the purposes herein set out. (b) Any work performed or installations made pursuant to this Article 15 shall be made with reasonable diligence and otherwise pursuant to Section 6.3. (c) Any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 15 shall, if reasonably practicable, either be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises, or completely furred at points immediately adjacent to partitioning, columns or ceilings located or to be located in the Premises. Section 15.2. If Tenant is not present when for any reason entry into the Premises may be necessary or permissible, Landlord or Landlord's agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents accord reasonable care to Tenant's Property), and without in any manner affecting this Lease. Section 15.3. 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 be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 3 contracts

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

Access to Premises. LandlordTenant and its architects, its agentsengineers, servantsconsultants, or employees may enter and contractors shall have access prior to the Premises Projected Commencement Date, at reasonable times with reasonable (which shall include weekends and evenings) and upon advance notice and coordination with the Building management, to the Premises for the purpose of inspecting Landlord Work and planning and constructing Tenant (or an authorized employee Work. Such access shall not in any manner unreasonably interfere with Landlord Work. Further, such access shall not cause any delay in Substantial Completion of the Landlord Work. Tenant at shall submit for Landlord's approval the Premises)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 all acts and omissions in connection with it, shall be subject to and governed by all other provisions of the Lease, including Tenant's indemnification obligations, insurance obligations, etc., except that Tenant shall not be obligated 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, such 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, 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 any time, upon reasonable notice to Tenant under the circumstancesits option, in an emergencyaddition to all other rights and remedies of Landlord, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of revoke or suspend any governmental unit or authority prior permission for which Landlord may be responsible 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 such access by 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 until payment 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyreceived.

Appears in 2 contracts

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

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times 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 reasonable advance notice respect to Tenant 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 an authorized employee (ii) if the then existing Premises consists of Tenant at the PremisesPremises 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 abandon the Premises at any time, upon reasonable or 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 Tenant’s 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 except in an emergencyrespect of cleaning or ordinary maintenance or repairs), (b) take reasonable steps to do the following: inspect the Premises; comply with all lawsminimize any significant disruption to Tenant’s business, orders, ordinances and requirements following completion of any governmental unit or authority for which Landlord may be responsible under this Leasework, if any; show the Premises to prospective lenders or purchasers andreturn Tenant’s leasehold improvements, during the ninety (90) days immediately prior fixtures, property and equipment to the expiration of this Lease if Tenant declines original locations and condition to renew for an additional term in accordance with the provisions of this Leasefullest extent reasonably possible, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; and (c) shall not change the configuration or post (on reduce the Development, but not within or at the entrance square footage of the Premises) for sale , unless required by Laws or for lease signs; provided; howeverother causes beyond Landlord’s reasonable control (and in the event of any permanent material reduction, that all such entries the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be completed promptly proportionately reduced). Tenant shall not place partitions, furniture or other obstructions in a good workmanlike manner so as the Premises which may prevent or impair Landlord’s access to cause the least practical interference to Tenant’s business Systems and Tenant’s use of Equipment for the Property or the systems and equipment for the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Tenant requests that any such access occur before or after Landlord’s entry materially and substantially interferes with the conduct of Tenant’s regular 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 ▇▇▇▇▇ in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 2 contracts

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

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon Upon reasonable notice to Tenant under Tenant, and during Tenant’s business hours, Landlord and their respective employees, contractors, agents and representatives may enter onto the circumstances, in an emergency, Premises to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; (i) show the Premises to prospective lenders purchasers and potential purchasers, and to mortgagees and potential mortgagees, or purchasers and(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 ninety last six (906) days immediately prior months of the then-current Term, unless Tenant shall have exercised the next Renewal Option, Landlord also may enter onto the Premises to show the expiration of this Lease if Tenant declines Premises to renew for an additional term in accordance with persons wishing to rent the provisions of this Leasesame, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; and place notices offering the Premises “For Rent” or post (“For Sale” on the Development, but not within or at the entrance front 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 PremisesBuilding. In all eventsHowever, Landlord shall use commercially not place any such notices on or 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 efforts manner as to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct any disruption of Tenant’s business and/or cause damage to Tenant’s property (and operation. Notwithstanding the entry is not needed because foregoing, Tenant may designate one or more areas as a secure area based on the sensitive nature of Tenant’s default, negligence or willful misconduct), then the activities conducted in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent portion of the interference Premises, and Landlord shall be liable for any damage to have no right of access thereto without being accompanied by Tenant’s propertydesignated representative except in the case of emergencies.

Appears in 2 contracts

Sources: Lease Agreement (Savvis Communications Corp), Lease Agreement (Savvis Communications Corp)

Access to Premises. Landlord, its agents, servants, or employees may Landlord shall be entitled to enter upon the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any timeduring Tenant’s customary business hours, upon reasonable notice to Tenant under the circumstancesgiven no less than forty-eighty (48) hours in advance, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements for purposes of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show inspecting the Premises for potential repairs, or making any repairs thereto or to prospective lenders or purchasers andLandlord’s adjoining property. Also, during the last 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 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 PremisesLease 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) for sale or for lease signs; provided; however, that all such entries Landlord shall be completed promptly in a good workmanlike manner so as entitled to cause enter upon the least practical interference Premises for purposes of placing any “For Lease” notices on or about the Premises, or to Tenant’s business and Tenant’s use of show or display the Premises. No such notices shall be removed, molested or hidden by Tenant. Landlord may, without prior notice 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 all eventsthe event of any entry pursuant to this Paragraph 3.5, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not unreasonably interfere with the conduct of Tenant’s business and/or cause damage operations. Landlord shall coordinate with Tenant regarding both the scope and timing of any repair work in the Premises prior to Tenant’s property (and the entry is not needed because performance of any such repair work. In the event such repair work would unreasonably interfere with the conduct of Tenant’s default, negligence or willful misconductoperations (as reasonably determined by Tenant), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for take such precautions as reasonably requested by Tenant to minimize any damage to unreasonable interference thereto. Provided Landlord uses commercially reasonable judgment in minimizing unreasonable interference with Tenant’s propertyoperations, Landlord’s entry shall not be deemed an actual or constructive eviction or disturbance of Tenant. Nothing contained in this Paragraph 3.5 or elsewhere in this Lease shall obligate Landlord in any fashion under any circumstances to enter or inspect the Premises.

Appears in 2 contracts

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

Access to Premises. Landlord, its agents, servants, 13. Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and 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. Owner shall not enter upon the demised premises except upon reasonable advance notice to Tenant under which may be oral (except in the circumstances, in case of an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for in which Landlord may be responsible 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 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 case notice shall be completed promptly in a good workmanlike manner so given as to cause the least practical interference to Tenant’s business soon as practicable) and Tenant’s use of the Premises. In all events, Landlord Owner shall use commercially make reasonable efforts to minimize interference with the Premises 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 ceiling. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction, nor shall the Tenant be entitled to any abatement of rent while such work is in 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 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 business operations thereonproperty, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. If Landlord’s entry materially and during the last month of the term Tenant shall have removed all or substantially interferes with the conduct all of Tenant’s business and/or cause damage property therefrom, Owner may immediately enter, alter, renovate or redecorate 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 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 (and line of the entry building, is not needed because of Tenant’s defaultleased hereunder, negligence anything contained in or willful misconduct)indicated on any sketch, then blue print or plan, or anything contained elsewhere in such event this lease to be the rent and any sums due and payable contrary notwithstanding. Owner makes no representation as additional rents, shall ▇▇▇▇▇ in proportion to the extent location of the interference property line of the building. All vaults and Landlord 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 liable 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 damage event, Owner makes no representation as to Tenant’s propertythe 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

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

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises, without such entry constituting an actual or constructive eviction, in order to: (i) inspect, (ii) supply services to be provided Tenant hereunder, (iii) show the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises)current and prospective Lenders, insurers, purchasers, brokers, and governmental authorities at any time, upon reasonable notice time during the Term and to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, tenants at any time during the ninety last six (906) months of the Term, (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 immediately prior to of the expiration Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Section 19(C) below, or exercise other rights of Landlord under this Lease if Tenant declines or applicable Laws. However, Landlord shall: (a) provide reasonable advance written or oral notice of at least twenty-four (24) hours to renew Tenant’s on-site manager or other appropriate person for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by matters which will involve 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 least practical interference significant disruption to Tenant’s business and (except in emergencies, in which case Landlord shall have the right to enter at any time without prior notice to Tenant), (b) take reasonable steps to minimize disruption to Tenant’s use 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, and (c) not materially change the configuration or reducing the square footage of the Premises. In all events, Landlord shall use commercially unless required by Laws or other causes beyond Landlord’s reasonable efforts to minimize interference with control (and in the event of any permanent material reduction, the 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, furniture, or other obstructions in the Premises which may prevent or impair Landlord’s access to the Systems and Tenant’s business operations thereonEquipment for the Property or the systems and equipment for the Premises. If Tenant requests that any such access occur before or after Landlord’s entry materially and substantially interferes with the conduct of Tenant’s regular 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 ▇▇▇▇▇ in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 2 contracts

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

Access to Premises. Landlord or Landlord, its agents, servants, or employees may 's agents and designees shall have the right to enter the Demised Premises at all reasonable times with reasonable advance upon five (5) days' prior notice to Tenant (or an authorized employee of Tenant at the Premiseswhich may be telephonic), and at any time, upon reasonable except that no notice to Tenant under shall be required in the circumstances, in event of an emergency, to do inspect or examine the following: inspect same, and to show them to prospective purchasers or mortgagees of the Demised Premises and to make such tests, repairs, alterations, improvements or additions as Landlord may reasonably deem necessary or desirable, 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 of Tenant in whole or in part, and the Annual Base Rent and Additional Rent shall in no way ▇▇▇▇▇ (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; comply with all laws, ordersthen there shall be a proportionate abatement of Rent) while said repairs, ordinances and requirements alterations, improvements, or additions are being made, by reason of any governmental unit loss or authority for which Landlord may be responsible interruption of the business of Tenant, or otherwise. In the exercise of its rights under this LeaseSection, if any; show 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 to prospective lenders or purchasers and, during normal business hours. During the ninety six (906) days immediately months prior to the expiration of this the Lease if Tenant declines to renew for an additional term in accordance with Term, Landlord may exhibit the provisions of this Lease, Demised Premises to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; lessees and place upon the Demised Premises the usual "To Let" 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property"For Rent" notices.

Appears in 2 contracts

Sources: Real Property Put and Option Agreement (Ha Lo Industries Inc), Lease (Ha Lo Industries Inc)

Access to Premises. LandlordLessee shall have access to the Leased Premises 24 hours per day, 7 days per week, 365 days per year. Lessee agrees that Lessor, its agents, servantsservants or employees, or employees any person authorized by Lessor, may enter the Leased Premises at reasonable times with reasonable advance during usual business hours (i) upon two (2) business days’ prior written notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances condition of the same and requirements of any governmental unit or authority for which Landlord to make such repairs as Lessor may be responsible required or permitted to make 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 prospective tenants, (i) at any time without prior notice (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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference provide prior notice if possible), to exhibit the same to prospective purchasers of the Leased Premises, and, (iii) within ninety (90) days prior to the termination of this Lease, or any extensions thereof, to exhibit the Leased Premises to prospective tenants and to 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 Premises and Tenantcontinued conduct of Lessee’s business operations thereonor obstruct Lessee’s own signs as then erected. 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 defaultNothing herein contained, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rentshowever, shall ▇▇▇▇▇ in proportion be deemed or construed to the extent impose upon Lessor any obligation or liability whatever for care, supervision, repair, improvement, addition, change or alteration of the interference and Landlord shall be liable for any damage to Tenant’s propertyLeased Premises or the building or improvements thereon other than as expressly provided in this Lease.

Appears in 2 contracts

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

Access to Premises. (a) Subject to Tenant’s reasonable security procedures, Landlord and Landlord’s employees, its agents, servants, or employees agents and contractors may enter the Premises at reasonable times with reasonable advance (including during Building Hours) on at least twenty- four (24) hours’ prior written or verbal notice to Tenant (or an authorized employee except in the event of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency) for the purpose of: (i) cleaning, to do the following: inspect the Premises; comply with all lawsinspecting, ordersaltering, ordinances improving and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show repairing the Premises to prospective lenders or purchasers andother parts of the Building; (ii) at reasonable intervals, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance ascertaining compliance 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 Lease by Tenant; and (iii) showing the Premises to prospective purchasers, tenants or post mortgagees (on but with respect to prospective tenants for the DevelopmentPremises, only during the last six (6) months of the Term, as the same may be extended, and at any time a Tenant Default exists under this Lease). Landlord shall have free access to the Premises in an emergency, but not within or Landlord shall use its best efforts to notify Tenant of such emergency as soon as possible. Landlord shall at the entrance all times have a key with which to unlock all of the Premises) for sale or for lease signsdoors in the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in advance); provided; , however, that all Tenant may designate a limited number of specified rooms, offices or closets within the Premises as off-limits to janitorial service providers, and such entries providers shall not be completed promptly in a good workmanlike manner so as permitted to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. enter therein. (b) In all events, Landlord shall use commercially reasonable efforts to minimize interference with any entry into the Premises and Tenant’s business operations thereon. If in any work done by Landlord in the Building, Landlord and Landlord’s entry materially employees, agents and substantially interferes with contractors shall: (i) use their best efforts to avoid and minimize any damage or injury to, interference with, and disturbance of, Tenant and the conduct operation of Tenant’s business and/or cause damage in the Premises; (ii) comply with all reasonable security regulations and procedures as may then be in effect with respect to Tenant’s property operations in the Premises; and (iii) use their best efforts to maintain the confidentiality of any materials within the Premises. Tenant may secure the Premises at all times and may require that any individual entering the entry is not needed because Premises be accompanied by an employee of Tenant’s default, negligence or willful misconductTenant at all times (except in the case of an emergency), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 2 contracts

Sources: Lease (Health Catalyst, Inc.), Lease (Purple Innovation, Inc.)

Access to Premises. A. Landlord, its contractors, agents, servantsemployees, or employees may designees, shall have the right of ingress and egress on, over, and across the Premises for access to and the maintenance, development, operation, and security of adjacent or other State-owned property. B. Landlord, its contractors, agents, employees, and designees shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (and any building or an authorized employee of Tenant at the Premises), and structure thereon at any time, upon reasonable time for the purpose of: (i) consultation with Tenant; (ii) inspecting the Premises and Improvements to evaluate Tenant's operation thereof and take such action as Landlord deems appropriate to assure compliance by Tenant with the terms and conditions of this Agreement; (iii) taking such action as Landlord determines necessary to assure Tenant's compliance with this Agreement; (iv) conducting any underground hydrological or other environmental testing program and/or investigating and remediating any contamination; (v) entering the Premises for any purpose related to management of the Premises as part of a Wildlife Management Area after notice of termination of this Agreement is given; and (vi) correcting any condition resulting from Tenant's failure or omission to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all lawsthis Agreement or making such repairs or improvements as necessary to assure Tenant's compliance with this Agreement. C. Landlord shall, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 nature and extent of the Premises) for sale or for lease signs; provided; howeveractivities to be undertaken as part of its access, that all such entries shall be completed promptly exercise its rights in a good workmanlike manner so as intended to cause the least practical interference avoid or minimize damage to Tenant’s business 's property and crops and to avoid unreasonable interference with Tenant’s use 's activities and, except for emergency circumstances, Landlord shall endeavor to provide at least forty-eight (48) hours’ notice to Tenant prior to entering upon the Premises. D. Tenant shall not plant any trees and/or crops within twenty (20) feet of any building, structure, or ingress/egress point to the Premises. E. Landlord may erect new gates to the access area of the Premises. In all eventsAny new gate shall be installed in a manner that does not limit or restrict access to the Premises for farm equipment. Landlord shall provide Tenant with the means to unlock the gate. F. Tenant shall not alter access to the Wildlife Management Area. Tenant shall not lock Wildlife Management Area access gates that are typically unlocked or unlock gates that are typically locked without the prior written approval of Landlord. If Tenant is not sure whether a gate is typically locked or unlocked, it shall contact Landlord prior to locking or unlocking any gates. If a gate is locked by Landlord or Tenant, both shall have a means to unlock the gate. G. Landlord shall ensure that Tenant has access to the Premises and the In-kind Parcel. Tenant shall notify Landlord immediately if access has been impaired. If restoring access requires a physical change to the Premises, Landlord shall use commercially reasonable efforts either repair the impaired access or authorize Tenant to minimize interference with make the Premises and Tenant’s business operations thereonrepair. If Tenant is authorized to make the repair, the repair shall be treated as an Improvement pursuant to Paragraph 10, and Tenant shall be required to obtain Landlord’s entry materially and substantially interferes with the conduct written approval of Tenant’s business and/or cause damage to Tenant’s property (an Improvement Plan and the entry is not needed because of Tenant’s defaultassociated cost prior to beginning any work. If Landlord approves the Improvement Plan and the cost, negligence or willful misconduct), then in such event Tenant may deduct the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent cost of the interference and Landlord shall be liable for any damage to Tenant’s propertyrepair from its next Rent payment.

Appears in 2 contracts

Sources: Farm Lease and Service Agreement, Farm Lease and Service Agreement

Access to Premises. Landlord or Landlord, its agents, servants, or employees may ’s agents shall have the right (but shall not be obligated) to enter the Demised Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to any portion of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Demised Premises after Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Leaselease, if any; show or for the purpose of complying with laws, regulations and other directions of governmental authorities. Landlord shall 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 prospective lenders or purchasers anderect new pipes and conduits therein. Landlord may, during the ninety progress of any work in the Demised Premises, take all necessary materials and equipment into the Demised Premises without the same constituting an actual or constructive eviction nor shall the Tenant be entitled to any abatement of rent while such work is in 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 (906) days immediately prior 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. Whenever Landlord is permitted access to the expiration of this Lease if Tenant declines Demised Premises pursuant 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 Landlord agrees (except in the event of Tenant if so requested by Tenant; or post an emergency) that it will (on the Development, but not within or at the entrance of the Premisesi) 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 minimize interference schedule such access so as not to unreasonably interfere with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct operation of Tenant’s business and/or cause damage (provided that in no event will Landlord be required to employ labor at overtime rates), (ii) discuss the work plan and supervision with Tenant, and (iii) take reasonable precautions to safeguard Tenant’s equipment. 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. 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 incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s obligations hereunder. Anything to the contrary in this Lease notwithstanding, if due to any work or installation performed by Landlord under the Lease or failure by Landlord to perform its obligations under the Lease or provide a service Landlord has agreed to provide (together an “Interruption Condition”), (i) Tenant shall be unable for at least ten (10) consecutive business days to operate its business in the Demised Premises in the same manner as such business was operated prior to the occurrence of the Interruption Condition, (ii) Tenant does not operate its business in the Demised Premises in the same manner as such business was operated prior to the occurrence of the Interruption Condition during the entire period of time rent is reduced (as provided below) (iii) such interruption shall occur during Tenant’s business hours, and (iv) Tenant shall have, on the first day Tenant was unable to operate its business as aforesaid, notified Landlord (in writing in accordance with Article 28 hereof) of the same, then the Fixed Rent and the entry Additional Rent shall be reduced on a per diem basis, in the proportion in which the area of the part of the Demised Premises which is not needed because of Tenant’s default, negligence unusable or willful misconduct), then in such event the rent and any sums due and payable inoperable (as additional rents, shall ▇▇▇▇▇ in proportion reasonably determined by Landlord) bears to the extent total area of the interference and Demised Premises, for each day subsequent to the date which is ten (10) consecutive business days after the date Landlord shall be liable for any damage to Tenant’s propertyreceives the notice required under sub-paragraph (iv) above that such portion of the Demised Premises remains unusable, as provided above until the date the Interruption Condition is remedied, as specified by Landlord.

Appears in 2 contracts

Sources: Office Lease, Office Lease Agreement (Neutral Tandem Inc)

Access to Premises. Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain, concealed ducts, pipes and conduits in and through the walls, columns and hung ceilings and under the floors of the Premises to the extent reasonably practicable, and provided that the foregoing shall not reduce the usable square foot area of the Premises by more than a de minimis amount or employees may 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 to examine the same, to show them to prospective purchasers, mortgagees or lessees of the entire office portion of the Building or space therein, and to make such repairs, alterations, improvements or additions as Landlord may reasonably deem necessary to the Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or 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 Rent shall in nowise ▇▇▇▇▇ 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 (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable which notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Leaseoral) and Landlord agrees that while exercising such right of entry or making such repairs, if any; show the Premises to prospective lenders replacements 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsimprovements, Landlord shall use commercially reasonable efforts to 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 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 is not needed because of Tenant’s defaultinto the Premises, negligence or willful misconduct)at any time, then in such event the rent and when for any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord 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 for any damage 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 2 contracts

Sources: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, Inc.)

Access to Premises. Landlord, its agents, servants, (a) Lessor or employees may Lessor’s agents shall have the right (but shall not be obligated) to enter the Premises leased premises in any emergency at any time, and at other reasonable times with reasonable advance prior notice to Tenant Lessee, to examine the same and make such repairs, replacements and improvements as Lessor my deem necessary and reasonably desirable to any portion of the building or which Lessor may elect to perform, in the premises, following Lessee’s failure after applicable notice and cure periods to make repairs or perform any work which Lessee is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. In the event that Lessor does work under this paragraph (or an authorized employee a) which was Lessee’s obligation under this lease, Lessee shall promptly reimburse Lessor for Lessor’s costs and expenses, including the reasonable value of Tenant at the Premises)time spent by Lessor’s employees, in doing such work. Lessor shall not make such repairs which are the responsibility of the Lessee without first providing written notice to the Lessee 30 days in advance of such repair, and Lessee shall have this 30 days to complete the repair at any timeLessee’s expense. (b) Throughout the term hereof, upon Lessor shall have the right to enter the leased premises, at reasonable hours and with reasonable prior notice to Tenant under Lessee, for the circumstancespurpose of showing the same prospective purchasers or mortgagees of the building, in an emergency, to do and during the following: inspect last six (6) months of the Premises; comply with all laws, orders, ordinances and requirements term for the purpose of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show showing the Premises same to prospective lenders or purchasers andtenants and may, during said six (6) month period, place upon the ninety (90) days immediately prior premises the usual notice “To Let” and “For Sale” which notices Lessee shall permit 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyremain without molestation.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Trudy Corp), Asset Purchase Agreement (Trudy Corp)

Access to Premises. Section 39.01 Landlord and Landlord, its agents, servants, or employees may ’s agents shall have the right (but shall not be obligation) to enter the Demised Premises at reasonable times with reasonable advance notice to Tenant (or in an authorized employee of Tenant at the Premises), and emergency at any time, and, at other reasonable times upon reasonable notice forty - eight (48) hour advance notice, if possible to Tenant under examine same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to the circumstancesDemised Premises (however, in an emergencyno event may Landlord be permitted to perform any work to the exterior face and perimeter windows of the Building or perform any work which shall disrupt Tenant’s operation of the Demised Premises) or to any other portion of the Building. Tenant shall permit Landlord to erect, use and maintain and replace pipes and conduits in and through the Demised Premises and to do erect new pipes and conduits therein, provided they are installed adjacent to or concealed behind the following: inspect the Premises; comply with all lawswalls, orders, ordinances and requirements of any governmental unit floor or authority for which ceiling. Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andmay, during the ninety (90) days immediately prior progress of any work in the Demised Premises, take all necessary materials and equipment into said Demised Premises without the same constituting an eviction, except as otherwise set forth in Section 13.02 and Section 9.02 thereof, Tenant shall not be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the expiration Term, Landlord shall have the right to enter the Demised Premises at reasonable hours, upon reasonable notice, for the purpose of this Lease if Tenant declines showing the same to renew prospective purchasers or mortgagees of the Building, and during the last twelve months of the Term for an additional term in accordance with the provisions purpose of this Lease, showing the same 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, . Section 39.02 Landlord shall use commercially its reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially use 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 ▇▇▇▇▇ in proportion to the extent occupancy of the interference and Demised Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall be liable for no have no obligation to employ contractors or labor at so- called overtime or other premium pay rates or to incur any damage to Tenant’s propertyother overtime costs or expense whatsoever.

Appears in 2 contracts

Sources: Lease Agreement (Clipper Realty Inc.), Lease Agreement (Clipper Realty Inc.)

Access to Premises. LandlordAfter reasonable notice, its agents, servants, or employees may Tenant agrees to permit Landlord and the authorized representatives of Landlord to enter the Premises at reasonable all times with reasonable advance notice during usual business hours for the purpose of inspecting, making any necessary repairs required or permitted to Tenant (or an authorized employee of Tenant at the Premises)be made by Landlord hereunder, conducting environmental testing, and at performing any time, upon reasonable notice work therein required or permitted to Tenant under the circumstances, in an emergency, be made by Landlord hereunder that may be necessary to do the following: inspect the Premises; comply with all any laws, ordersordinances, ordinances and rules, regulations or requirements of any governmental unit public authority or authority for which of the Board of Fire Underwriters or any similar body or that Landlord may be responsible deem necessary to prevent waste or 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, if any; show 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 lenders purchasers or purchasers and, others; and to exhibit the Premises to prospective tenants and to display “For Lease” or similar signs on windows or doors in the Premises during the ninety (90) days immediately prior to last twelve months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions Term of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested without hindrance or molestation 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 2 contracts

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

Access to Premises. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, its agentsand, servantsat other reasonable times, upon reasonable notice, to examine the same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform. 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 employees may ceiling. Landlord may, during the progress of any work in the Premises, take all necessary materials and equipment into said Premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress not 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 times 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 advance notice care is exercised to Tenant (safeguard Tenant’s property, such entry shall not render Landlord or an authorized employee its agents liable therefor, nor in any event shall the obligations of Tenant at hereunder be affected. If during the Premises)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 at 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 time, upon reasonable notice to Tenant under and all claims arising from or in connection with (i) the circumstances, in an emergency, to do conduct or management of the following: inspect the Premises; comply with all laws, orders, ordinances and requirements Premises or of any governmental unit work or authority for which Landlord may be responsible under this Leasething whatsoever done, if any; show or any condition created (other than by Tenant) in or about the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration period 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, time 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 minimize interference with has entered the Premises and Tenant’s business operations thereon. If (ii) any accident, injury or damage whatever caused as a result of Landlord’s entry materially and substantially interferes with activities occurring in, at or upon the conduct of TenantPremises during Landlord’s business and/or cause damage to Tenant’s property (and entrance into the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event Premises during the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent last month of the interference and Landlord shall be liable for any damage to Tenant’s propertyterm.

Appears in 1 contract

Sources: Lease Agreement (Merisel Inc /De/)

Access to Premises. LandlordSubject to the following provisions, its agents, servants, or employees may to enter the Premises at reasonable times with reasonable advance notice in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder (or an authorized employee of Tenant at except for the PremisesSecure Areas as described below), (iii) show the Premises to current and at any timeprospective Lenders, upon reasonable notice to Tenant under insurers, purchasers, governmental authorities, and their representatives, and during the circumstanceslast nine (9) months of Tenant's occupancy, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders tenants and leasing brokers, and (iv) decorate, remodel or purchasers and, alter the Premises if Tenant abandons the Premises at any time or vacates the same during the ninety last 120 days of the Term (90without thereby terminating this Lease), and (v) days immediately prior 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 pay all overtime and other additional costs in connection therewith. In connection with any such access to the expiration of this Lease if Premises, except in emergencies or for cleaning or other routine services to be provided to Tenant declines to renew for an additional term in accordance with the provisions of under this Lease, Landlord shall: (a) provide reasonable advance written or oral notice to prospective tenantsTenant's on-site manager or other appropriate person, but only if all such showings are accompanied by a representative of and (b) take reasonable steps to minimize any disruption to Tenant's business. Notwithstanding anything contained in this Lease to the contrary, Tenant if so requested by Tenant; or post (on shall have the Development, but not right to reasonably designate certain limited areas within or at the entrance of the Premises, such as the Telecommunications Equipment Room, as secure areas ("Secure Areas") for sale or for lease signs; provided; however, that all such entries shall which may be completed promptly in a good workmanlike manner so as locked by Tenant and to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, which Landlord shall use commercially reasonable efforts not have the key or other method of access (such as key cards or security codes), except when a Tenant employee or representative is present. Tenant acknowledges that Landlord's lack of access to minimize interference with the Premises Secure Areas may impair the ability of Landlord or other persons (including, without limitation, fire and Tenant’s business operations thereonpolice personnel) to respond to emergency situations in or affecting the Secure Areas. If Landlord’s entry materially Tenant waives and substantially interferes with releases all claims, demands, liabilities, losses and expenses (collectively, "claims") which may arise or occur as a result of any delay or difficulty in gaining, or inability to gain, access to the conduct of Tenant’s business and/or cause Secure Areas by Landlord or other persons (including, without limitation, fire and police personnel) in 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 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 ▇▇▇▇▇ in proportion doors to the extent of the interference and Secure Areas arising therefrom. Landlord shall be liable for have no obligation to provide any damage cleaning services to Tenant’s propertythe Secure Areas.

Appears in 1 contract

Sources: Office Lease (E Spire Communications Inc)

Access to Premises. Landlord, its agents, servants, or employees may enter Landlord shall have access to the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises)with, and at any timeexcept in emergencies, upon reasonable notice to Tenant under the circumstancesand in compliance with Tenant’s confidentiality, in an emergency, to do the followingsecurity and health and safety protocols to: (a) inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show (b) exhibit the Premises to prospective purchasers, lenders or purchasers andtenants; (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 non-responsibility; (f) make repairs required of Landlord hereunder or repairs to any adjoining space or utility services or make repairs, during the ninety (90) days immediately prior alterations or improvements 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 any other portion of the Premises) for sale or for lease signs; Project, provided; , however, that all such entries work shall be completed promptly done in a good workmanlike manner so as commercially reasonable and prompt manner, or (g) exercise any of its rights hereunder including, without limitation, its cure rights under Section 17.1. Landlord may, in order to cause carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the least practical interference to Tenant’s business and Tenant’s use character of the Premiseswork 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. In all eventsFor each of the aforesaid purposes, Landlord shall use commercially reasonable efforts at all times have and retain a key with which to minimize interference with 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’s business operations thereon. If All keys shall be duplicated only by Landlord’s , 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 deem proper to open said doors in an emergency or in re-taking possession in order to obtain entry materially and substantially interferes with to the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultPremises, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rentsentry to the Premises obtained by Landlord by any of said means, or otherwise, shall ▇▇▇▇▇ in proportion not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the extent Premises, or an eviction of Tenant from the interference Premises or any portion thereof, and Landlord any damages caused on account thereof shall be liable for any damage to paid by Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (Twist Bioscience Corp)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times with reasonable advance notice 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 government authorities, (iv) decorate, remodel or an authorized employee of alter the Premises if Tenant at shall abandon the Premises), and Premises at any time, upon 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 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 under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Tenant’s on-site manager or authority other appropriate person for matters which Landlord may be responsible 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 prospective tenants, but only if all such showings are accompanied by will involve 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 least practical interference significant disruption to Tenant’s business (except in emergencies) and (b) take reasonable steps to minimize any significant disruption to Tenant’s use 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 may prevent or impair Landlord’s access to the Systems and Equipment for the Building or the systems and equipment for the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Tenant requests that any such access occur before or after Landlord’s entry materially and substantially interferes with the conduct of Tenant’s regular 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 ▇▇▇▇▇ in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 1 contract

Sources: Lease Agreement (FriendFinder Networks Inc.)

Access to Premises. LandlordLandlord shall have the right, its agentswith advance notice to Tenant, servantsand 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 employees may 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 intended uses of the Leased Premises. Upon reasonable notice to Tenant, and during normal banking hours, Landlord shall have the right to enter the Leased Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises it to prospective lenders purchasers, landlord or purchasers and, during tenants (under ground or underlying leases) and mortgages of the ninety Leased Premises. During the six (906) days immediately months prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm, Landlord may show the Leased Premise to prospective tenantstenants or purchasers of the Leased Premises. Notwithstanding the foregoing, but only if Landlord acknowledges that all such showings are accompanied or part of the Leased Premises will be used by a representative branch bank of a national banking association and, as such, during all times that 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 defaultopen for business, negligence or willful misconduct)the Leased Premises will be subject to a security system and monitored alarm system, then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference 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 liable for any damage available twenty-four hours a day to Tenant’s propertyprovide access in the event of an emergency situation at the Leased Premises.

Appears in 1 contract

Sources: Commercial Lease Agreement (Millennium Bankshares Corp)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times with reasonable advance notice 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 an authorized employee of alter the Premises if Tenant at shall abandon the Premises), and Premises at any time, upon or 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 reasonable advance written or oral notice to Tenant under the circumstancesTenant's on-site manager or other appropriate person for matters which will involve a significant disruption to Tenant's business (except in emergencies), in an emergency(b) take reasonable steps to minimize any significant disruption to Tenant's business, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements following completion of any governmental unit or authority for which Landlord may be responsible under this Leasework, if any; show the Premises to prospective lenders or purchasers andreturn Tenant's leasehold improvements, during the ninety (90) days immediately prior fixtures, property and equipment to the expiration of this Lease if Tenant declines original locations and condition to renew for an additional term in accordance with the provisions of this Leasefullest extent reasonably possible, and (c) take reasonable steps to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; avoid materially changing the configuration or post (on reducing the Development, but not within or at the entrance square footage of the Premises) for sale , unless required by Laws or for lease signs; provided; howeverother causes beyond Landlord's reasonable control (and in the event of any permanent material reduction, that all such entries the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be completed promptly proportionately reduced). Tenant shall not place partitions, furniture or other obstructions in a good workmanlike manner so as the Premises which may prevent or impair Landlord's access to cause the least practical interference to Tenant’s business Systems and Tenant’s use of Equipment for the Property or the systems and equipment for the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s If Tenant requests that any such access occur before or after Landlord's regular 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 ▇▇▇▇▇ in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 1 contract

Sources: Office Lease (Cutter & Buck Inc)

Access to Premises. Section 16.1. (A) Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at pipes and conduits in and through the Premises), and at any time, upon reasonable notice to Tenant under provided the circumstances, in an emergency, to same do the following: inspect the Premises; comply not interfere with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premises or decrease the usable area thereof by more than a de minimis amount. Landlord, any Lessor or such party’s agents shall have the right to enter the Premises at all reasonable times upon (except in case of emergency) reasonable prior notice, which notice may be oral, to examine the same, to prior to show the same to prospective purchasers, Mortgagees or lessees of the Building or space therein, and to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary to the Premises (or as Landlord is otherwise entitled to make under this Lease to the Premises. In all events), or to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to any other portion of the Building, or (ii) 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 (iii) for the purpose of complying with Requirements, and Landlord shall use commercially reasonable efforts be allowed to minimize interference with 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 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 Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no respect ▇▇▇▇▇ or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise (except as otherwise expressly set forth in proportion 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 extent Fixed Expiration Date, upon reasonable prior notice (which may be oral), or (ii) at any time after an Event of the interference and Landlord shall be liable for any damage Default under this Lease, without notice to Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (Ampex Corp /De/)

Access to Premises. Landlord shall 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, in such a manner that they do not unreasonably interfere with Tenant’s operation of the premises or its agentsquiet enjoyment. Repairs by either Landlord or 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, servantshowever, 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 employees 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 reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon hours on reasonable notice to Tenant under for the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements purpose of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises showing them to prospective lenders purchasers or purchasers mortgagees and, during the ninety (90) days immediately prior to last six months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, but only if all Landlord or Landlord’s agents may enter the same whenever such showings are accompanied by a representative entry may be reasonably necessary in event of an emergency to protect life or property. In no event shall the obligations of Tenant if so requested hereunder be affected 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 any 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 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyentry.

Appears in 1 contract

Sources: Lease (Diversified Restaurant Holdings, Inc.)

Access to Premises. LandlordSection 17.01. Landlord and its designees shall have the right to enter upon the Demised Premises at all times in the case of an emergency and otherwise upon at least twenty-four (24) hours notice to inspect and examine same, its agentsto make repairs, servantsadditions, alterations, or employees improvements to the Demised Premises, the Building within which the Demised Premises are located or any property owned or controlled by Landlord within such Building. Landlord's rights of entry as aforesaid, and the taking of all property into and upon the Demised Premises that may be required in connection therewith, shall not be considered an eviction of Tenant, in whole or in part, constructive or otherwise, and Landlord shall not be 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 such repairs, alterations, improvements or additions are being made. Landlord or Landlord's designees shall have the right, upon at least twenty-four (24) hours notice, to enter the Demised 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 notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Demised Premises to prospective lenders purchasers, mortgagees or purchasers and, during lessees of the ninety (90) days immediately Demised Premises or building of which the Demised Premises form a part. During the six month period prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm hereof, Landlord may exhibit the Demised Premises to prospective tenantstenants and Landlord may place upon the Demised Premises notices reading, but only if all such showings are accompanied by a representative of "To Let" or "For Rent", which notices 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 allow to 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 minimize interference with the Premises and Tenant’s business operations thereonposted conspicuously without molestation. If Landlord’s entry materially , in the exercise of its rights under this Article 17, shall unreasonably interfere with Tenant's occupancy of the Demised Premises and substantially interferes with such interference results in Tenant being unable to use the conduct of Tenant’s business and/or cause damage to Tenant’s property Demised Premises for the purposes set forth in Section 2.01 hereof for three (and the entry is not needed because of Tenant’s default, negligence or willful misconduct)3) consecutive days, then in such event the all annual minimum rent and any sums due all additional rent payable pursuant to Section 7.03, Article 12 and payable as additional rents, Article 14 shall ▇▇▇▇▇ from the date on which such interference resulted in proportion Tenant being unable to use the extent Demised Premises for the purposes set forth in Section 2.01 hereof until the earlier of the interference and Landlord shall be liable date on which Tenant resumes, or is again able to resume, use of the Demised Premises for any damage to Tenant’s propertythe purposes set forth in Section 2.01 hereof.

Appears in 1 contract

Sources: Lease Agreement (Microframe Inc)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Ground Lease (Ricks Cabaret International Inc)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, and, at other reasonable times, upon reasonable notice to Tenant under the circumstances, in an emergencynotice, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may elect to perform in the Premises; comply premises after Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with all laws, orders, ordinances regulations and requirements other directions of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andauthorities. Owner may, during the ninety (90) days immediately prior progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. In accessing the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Leasedemised premises, 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 Landlord shall be completed promptly in a good workmanlike manner act so as to cause not to significantly interfere with Tenant's business operations and shall give reasonable prior notice of said access. Throughout the least practical interference term hereof Owner shall have the right to Tenant’s business and Tenant’s use enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the Premises. In all eventsbuilding, Landlord 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 use commercially reasonable efforts permit to minimize interference with the Premises and Tenant’s business operations thereonremain thereon without molestation. 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 Tenant is not needed because 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’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall Tenant hereunder be liable for any damage to Tenant’s propertyaffected.

Appears in 1 contract

Sources: Lease Agreement (Di Giorgio Corp)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at 16.01 Upon reasonable times with reasonable advance prior written notice to Tenant (or except in the event of an authorized employee of Tenant at the Premises)emergency, and then at any time), upon reasonable notice Tenant will permit Landlord and its agents access to Tenant under the circumstances, in an emergency, to do Premises during all normal business hours for the following: inspect purpose of examining the Premises; comply with all laws, ordersmaintaining existing pipes and conduits in and through the Premises and making any repairs, ordinances and requirements of any governmental unit alterations or authority for additions which Landlord may be responsible under this Leasedeem necessary for the safety, if any; show preservation or improvement of the Premises or the Building. Landlord will be allowed to prospective lenders or purchasers and, during take all material into the ninety (90) days immediately prior Premises that may be reasonably required for such work and to perform such acts without the expiration of this Lease if Tenant declines to renew for same constituting 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 eviction of Tenant if so requested by Tenant; in whole or post (on the Developmentin part, 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, provided Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not unreasonably interfere with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and 's business. The rent will not abate while the entry is not needed because of Tenant’s defaultrepairs, negligence alterations, improvements or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇additi▇▇▇ ▇re 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 Base Rent shall be abated in proportion to the extent percentage of the interference and Landlord Premises that cannot be used for Tenant's business in a commercially reasonable manner. Said rent abatement shall be liable 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 damage repairs, alterations, improvements or additions being made by Landlord. Notwithstanding anything contained herein to the contrary, in no event shall rent abate if repairs or replacements to the Premises or any othe▇ ▇▇▇tion of the Building are necessitated by Tenant’s property's negligence or breach of this Lease.

Appears in 1 contract

Sources: Contribution Agreement (Experience Management LLC)

Access to Premises. Landlord73.1 Lessee acknowledges that the gas meter for the entire building, its agentsLessee's HVAC system, servantsand the after-hours HVAC meter for Lessee's premises, are located within the Lessee's premises and must be accessed through the Lessee's premises. 73.2 Lessee agrees that Lessor and Lessor's authorized agents shall have access to Lessee's premises upon reasonable advance notice, except for meter readings, emergencies, and routine maintenance of the HVAC system, for the purpose of inspecting the same, making alterations, repairs or employees may enter the Premises at reasonable times with improvements or additions to same, that are Lessor's obligations, and to do any necessary maintenance to same. If a major repair is required, reasonable advance notice shall be given. Lessor will make every attempt, but is not under any obligation to, enter the premises during business hours to Tenant (perform the alterations, repairs, improvements, additions and maintenance. If access is not granted on a timely basis, then Lessee shall be liable to Lessor for any extra cost associated with having to postpone such alterations, repairs, improvements, or an authorized employee additions and for any claims from other tenants of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for Building which Landlord may be responsible under this Leaseaffected by the postponement of such work or any other costs incurred by Lessor due to such postponement. 73.3 Lessor shall not be liable in any manner for any inconvenience, if any; show the Premises to prospective lenders disturbance, loss of business, nuisance or purchasers and, during the ninety (90) days immediately prior to the expiration other damage arising out 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 (Lessor's entry on the Developmentpremises as provided in this paragraph, 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion except to the extent of the interference willful misconduct or negligence (but only to the extent of Lessor's negligence utilizing comparative negligence standards) or default of Lessor or its agents, employees, contractors or invitees. 73.4 To provide for a situation in which a mechanical or electrical emergency occurs that requires immediate attention and Landlord Lessee is unavailable to let Lessor or its authorized agents enter the premises, Lessee agrees to the following: a) Lessee will provide Lessor with a list of at least three (3) names and telephone numbers of Lessee's employees or representatives authorized to admit Lessor to premises, and who shall be available at all times to let Lessor or its authorized agents into the premises with a reasonably quick response time. b) In the event that none of Lessee's authorized employees or representatives can be contacted or do not respond in a timely manner, then Lessee shall be liable to Lessor for any damage extra cost associated with having to Tenant’s propertypostpone such alterations, repairs, improvements, or additions and for any claims from other tenants of the building which may be affected by the postponement of such work, the cost of repairing, or if repair is not practical or cost-effective, then the cost of replacement of, any equipment damaged by delayed access or any other costs incurred by Lessor due to such delayed access.

Appears in 1 contract

Sources: Lease Agreement (Iown Holdings Inc)

Access to Premises. LandlordThe provisions of Section 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), its agentsLandlord shall provide Tenant with access to the Premises, servantsthe 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 employees may enter maintain the Premises 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 reasonable times with reasonable advance notice least thirty (30) days prior to Tenant (or an authorized employee 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 Tenant at any such work if it must occur during Business Hours in a manner that does not materially adversely affect Tenant's business from the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which (ii) Landlord may be responsible under this Lease, if any; show establish reasonable and nondiscriminatory regulations for the exercise of access to the Premises to prospective lenders during non-Business Hours (as long as access is not unreasonably restricted during such hours), for the safety of the tenants or purchasers and, during occupants of the ninety (90) days immediately prior Building or for the protection of the Building. In the event Tenant is precluded from access to the expiration Premises for three (3) consecutive business days not the result of this Lease if Tenant declines a casualty or condemnation or force majeure (subject to renew for an additional term in accordance with the provisions of this Lease, Landlord's obligations 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with provide such access despite such condition), and as a result Tenant is unable to access and use 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 misconductportion affected), then in such event the rent Base Rent and any sums due applicable Expense Adjustment Amount and payable as additional rentsTax 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 proportion 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 extent entire floor; and [B] if Tenant is precluded from access to more than fifty percent (50%) of the interference and Landlord Premises, then it shall be liable for any damage deemed that Tenant is precluded from access to Tenant’s propertythe entire Premises. Landlord will take all commercially reasonable efforts to restore all access as soon as practicable.

Appears in 1 contract

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

Access to Premises. Section 15.1 Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain ducts, pipes and conduits in and through the Premises, provided that such installations (i) are concealed within existing walls, columns and ceilings, to the extent feasible, and where not feasible, are appropriately furred and finished, (ii) do not cause the usable area of the 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 employees may 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 with upon reasonable advance prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to Tenant examine the same, to show them to prospective purchasers, Mortgagees, Superior Lessors or ground lessees of the Building and their respective agents and representatives, or (or an authorized employee during the final 12 months of Tenant at the Term) to prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises, to the extent expressly set forth herein, or to any timeother portion of the Building, upon reasonable or (ii) which Landlord may elect to perform following Tenant’s failure, after notice and an opportunity to Tenant under the circumstancescure, except in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of make repairs or perform any governmental unit work which Tenant is obligated to make or authority for which Landlord may be responsible perform under this Lease, if any; show or (iii) for the purpose of complying with applicable Laws, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders the extent required without constituting an eviction or purchasers constructive eviction of Tenant in whole or in part, and Fixed Rent and Additional Rent will not be abated (except as expressly provided in this Lease) while such repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. (a) If Tenant shall not be present when for any reason entry into the Premises shall be necessary by reason of emergency, Landlord or Landlord’s agents may 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 this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as herein provided. (b) For the purposes of this Subsection (b), “Secured Area” shall mean the Permitted Data Center and those portions of the Premises which are from time to time, in writing from Tenant to Landlord, reasonably designated as “Secured Areas.” The designation by Tenant of a portion of the Premises as a “Secured Area” (including the Permitted Data Center) shall set forth in reasonable detail the exact location of such portion and, during except for the ninety (90) days immediately prior to Permitted Data Center, the expiration of this Lease if Tenant declines to renew reason for an additional term in accordance such designation, which reason shall be for legitimate security reasons consistent with the provisions operation of this LeaseTenant’s business and not primarily for the purpose of excluding Landlord therefrom. Landlord agrees that except in an emergency, to prospective tenants, but only if all such showings are accompanied by neither Landlord nor any Landlord Party shall enter a Secured Area without 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 present during such entries shall be completed promptly in entry. Tenant agrees to make a good workmanlike manner so as representative available 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 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenantsuch entry upon at least one (1) day’s propertyprior notice, which notice may be oral or electronic.

Appears in 1 contract

Sources: Lease Agreement (WebMD Health Holdings, Inc.)

Access to Premises. Landlord, its agents, servants, or employees may enter Landlord shall have free access to the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to the Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply and without interference with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 's Use of the Premises, at all reasonable time (and in case of emergency at any time) for sale the purpose of examining the same or for lease signs; provided; howevermaking such repairs, alterations, additions or improvements to the Premises, or the Building of which the Premises are a part, that all Landlord may deem necessary or which Tenant has failed to do (but nothing in this Paragraph shall obligate Landlord to make any such entries shall be completed promptly in a good workmanlike manner so as to cause repairs, alterations, additions or improvements) and also for the least practical interference to Tenant’s business and Tenant’s use purpose of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with exhibiting the Premises and putting up notices "To Rent," during the last six (6) months of the original or extended term, as the case may be, or "For Sale", which notices shall not be removed, obliterated or hidden by Tenant’s business operations thereon. If Landlord’s No forcible entry materially and substantially interferes with the conduct of Tenant’s business and/or cause shall be made by Landlord unless such entry shall be reasonably necessary to prevent injury, loss or damage to Tenant’s persons or property, and Landlord shall repair any damage to property (and the entry is not needed because occasioned thereby. Landlord shall repair any damage to property of Tenant’s default, negligence Tenant or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall anyone claiming under Tenant caused by or resulting from ▇▇▇▇▇ in proportion ▇▇▇▇'s making any such repairs, alterations, additions or improvements except only such damage as shall result from the entry to the extent Premises and/or the making of the interference and such repairs, alterations, additions or improvements which Landlord shall make as a result of an emergency or the default, negligence, fault or willful misconduct of Tenant or anyone claiming under or through Tenant. No action of Landlord pursuant to this Paragraph shall be liable deemed an eviction or disturbance of Tenant nor shall Tenant be allowed any abatement of rent or damages for any damage to Tenant’s propertyinjury or inconvenience occasioned thereby.

Appears in 1 contract

Sources: Industrial Lease (Ibis Technology Corp)

Access to Premises. LandlordLessor or Lessor’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, its agentsand at other reasonable times, servantsupon reasonable prior oral notice to the receptionist or any other of Lessee’s employees found in the Premises and so long as same does not unreasonably interrupt Lessee’s operations within the Premises, to examine the same and to make such repairs, replacements and improvements as Lessor may deem necessary and reasonably desirable to the Premises or to any other portion of the Building, or employees which Lessor may elect to perform following Lessee’s failure to make repairs or perform any work which Lessee is obligated to perform under this Lease, or for the purpose of complying with laws, regulations, and other directions of governmental authorities. So long as same does not unreasonably interrupt Lessee’s operations within the Premises, Lessee shall 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 necessary materials and equipment into the Premises without the same constituting an eviction nor shall the Lessee be entitled to any abatement of rent while such work is in progress, 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 times with hours and upon reasonable advance prior oral notice to Tenant the receptionist or any other of Lessee’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 an authorized employee any other of Tenant at 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 incurring 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, upon reasonable notice without the same constituting an eviction and without incurring liability to Tenant under Lessee therefor to change the circumstancesarrangement and/or location of public entrances, in an emergencypassageways, to do the following: inspect the Premises; comply with all lawsdoors, ordersdoorways, ordinances and requirements of any governmental unit corridors, elevators, stairs, toilets, or authority for which Landlord may be responsible 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 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 other public parts of the Premises) for sale or for lease signs; provided; howeverBuilding so long as same does not materially, 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 Tenantadversely impact Lessee’s use of the Premises. In all eventsand enjoyment of, Landlord shall use commercially reasonable efforts to minimize interference with or access to, the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with to change the conduct of Tenant’s business and/or cause damage to Tenant’s property (and name, number or designation by which 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall Building may be liable for any damage to Tenant’s propertyknown.

Appears in 1 contract

Sources: Lease Agreement (Ameripath Inc)

Access to Premises. Landlord and Landlord, its agents, servants, or 's employees and agents may enter the Premises at reasonable all times with reasonable 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 (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice i) to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws(ii) during periods of time when Tenant is not open for business to the public (whenever possible) to make repairs, ordersadditions or alterations to the Premises, ordinances the Project, or any property owned or controlled by Landlord (and requirements of any governmental unit or authority for which such purposes Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be responsible under this Leaseperformed, if any; show always providing the entrance to the Premises shall not be blocked thereby); (iii) to prospective lenders save 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 post any notice required or permitted under the provisions of this LeaseLease 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 prospective tenantsunlock 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, but only if Tenant agrees to permit all necessary persons to enter the premises for the Purpose of doing such showings are accompanied by a representative work as Landlord deems necessary to preserve the walls of Tenant if so requested the Project from injury or damage. Nothing contained herein shall impose or be deemed to impose any duty on the part of Landlord to do any work or repair, maintenance, reconstruction or restoration, which under any provision of this Lease is required to be done by Tenant; or post (on and 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, performance thereof by Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct not constitute a waiver of Tenant’s business and/or cause damage 's default in failing to Tenant’s property (and do 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertysame.

Appears in 1 contract

Sources: Lease Agreement (American Vantage Companies)

Access to Premises. Landlord or Landlord, its agents, servants, or employees may 's agents shall have the right (but shall not be obligated) to enter the Demised Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and in any emergency at any time, and, at other reasonable times, upon reasonable notice to Tenant under the circumstances, in an emergencyprior notice, to do examine the following: inspect same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to any portion of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Demised Premises after Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Leaselease after 10 days prior written notice and Tenant's failure to cure same, 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 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; howeverthe purpose of complying with laws, 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 regulations and Tenant’s use other directions of the Premisesgovernmental authorities. In all events, Landlord shall use commercially perform any work using all reasonable efforts to minimize interference and interruption with the Premises Tenant's occupancy and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s its business and/or cause damage in the Demised Premises. Tenant shall permit Landlord to Tenant’s property 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 necessary materials and equipment into said Demised Premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in 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 (and 6) months of the entry term for the purpose of showing the same to prospective tenants. If Tenant is not needed because 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’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall Tenant hereunder be liable for any damage to Tenant’s propertyaffected.

Appears in 1 contract

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

Access to Premises. 16.1 Landlord or any Superior Mortgagee or any other party designated by Landlord, its and their respective agents, servants, or employees may shall have the right to enter the Premises during regular business hours, upon at reasonable least 24 hours prior notice (which notice may be oral) except in the case of emergency, to (i) examine the Premises, (ii) show it to prospective purchasers, mortgagees, or during the last 15 months of the Term to lessors or lessees, and their respective agents and representatives or others provided that Tenant shall have the right to accompany Landlord and any such interested party at all times with reasonable advance while the same are in the Premises, and (iii) to make such maintenance, repairs or replacements to the Structural Elements as provided in Section 6.1 and/or to perform any other maintenance, repairs or replacements in and to the Premises which if not made would materially adversely affect the structure, systems, safety or security of the Premises which Landlord may elect to perform following Tenant’s failure to perform as required under this Lease within thirty (30) days after Tenant having received notice of such failure to Tenant perform from Landlord; provided, that, if such performance is not susceptible of being completed within said thirty (or an authorized employee 30) day period, Landlord shall have no right to perform same on behalf of Tenant at the Premises)so long as Tenant has commenced (if practicable) and is diligently prosecuting such performance to completion, and at Landlord shall be allowed to take all material into the Premises (but may not store) that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any time, upon reasonable notice to Tenant under abatement of Rent. Except in the circumstances, in case of an emergency, if any work performed by Landlord pursuant to do the following: inspect this Article 16 would affect Tenant or Tenant’s use, enjoyment and occupancy of the Premises; comply with all laws, ordersthen Landlord shall give notice of such work to Tenant prior to commencing such work, ordinances and requirements 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 be performed on an overtime basis at Landlord’s sole cost and expense). 16.2 In exercising its rights of entry and in the performance of any governmental unit work of any kind in the pursuant to this Article or authority for which Landlord may be responsible 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 any other provision 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize cause the least possible interference with Tenant’s business, access, use and occupancy in or of the Premises and Tenant’s business operations thereonshall be subject to such reasonable security procedures as Tenant may require. 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 ▇▇▇▇▇ in proportion Notwithstanding anything to the extent contrary contained in this Lease, Landlord acknowledges that Tenant may, from time to time, have certain security or confidentiality requirements such that portions of the interference and Landlord Premises shall be liable for any damage locked and/or inaccessible to Tenant’s propertypersons unauthorized by Tenant and such areas will not be made available to Landlord except in the case of an emergency.

Appears in 1 contract

Sources: Lease Agreement (Rae Systems Inc)

Access to Premises. Landlord, its agents, servants, or employees Owner/Manager may enter the Premises in the following circumstances: (a) at any time for the protection or preservation of the Premises (i.e. emergencies); (b) after reasonable times with reasonable advance notice (not less than 12 hours and between 7:30 am to Tenant (or an authorized employee of Tenant at the Premises8:00pm), and at any timeby telephone, upon reasonable hand delivery or posting notice for purposes such as: to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all lawsmake necessary or agreed-upon repairs, ordersdecorations, ordinances and requirements of any governmental unit alterations, or authority for which Landlord may be responsible under this Lease, if anyimprovements; show supply agreed services; or exhibit the Premises to prospective lenders or purchasers andactual Manager-approved purchasers, during appraisers, surveyors, mortgagees, tenants, workers, contractors, subcontractors, or the ninety like; (90c) days immediately prior with Tenant's consent; (d) when Tenant unreasonably withholds consent; (e) in cases where there is a condition or circumstance in the premises that is substantially interfering with a neighbor’s quiet enjoyment of their residence and the Tenant or resident is not available to cure the interference, or (f) if Tenant is absent from the Premises for a period of at least one-half of Rental Installment Period. 2. No other party may use or request Owner/Manager for purposes of gaining access to the expiration of this Lease if premises without prior written approval by ▇▇▇▇▇▇, other than the Tenant declines and the occupants listed herein. Owner/Manager’s “driving by” the premises is not considered to renew for be 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 inspection of the Premises) for sale premises requiring notice, where the Owner/Manager does not enter the property 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 Premisespremises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion agrees that Owner/Manager or other Real Estate Agent may access the premises for purposes of showing the premises to potential buyers and/or renters if the extent house has been placed “for sale” or “for rent” by the Owner/Manager. Tenant has no right to be present at any time when Owner/Manager accesses the premises; however, the Tenant may be present at any time during said access, but shall not interfere with the purpose of the interference and Landlord shall be liable for access at any damage time. Failure to Tenant’s propertycomply with this section is non-curable violation of the lease.

Appears in 1 contract

Sources: Residential Lease

Access to Premises. LandlordLessor shall provide Lessee, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 LeaseLessor’s normal security and safety requirements, with which Lessee agrees to prospective tenantscomply and cause its employees, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Developmentcontractors and sub- contractors to comply, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries Lessee shall be completed promptly have first received written notification thereof, with access to the Site as reasonably necessary to allow Lessee to perform the installation work and operate, maintain, improve and replace the System as contemplated in a good workmanlike manner so as the PPA2-D, including, without limitation, ingress and egress rights to cause and from the least practical interference Premises for Lessee and its employees, contractors and sub-contractors and access to Tenantelectrical panels and conduits to interconnect the System with the Site’s business and Tenant’s use of the Premiseselectrical wiring. In all events, Landlord Lessor shall use commercially reasonable efforts to minimize provide sufficient space, adjacent to the Premises, 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 Lessee shall have first received written notification thereof, access to the 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 impact of such changes on Lessee; provided, that, if Lessee and Lessor are unable through such negotiations to reach an agreement as to the impact of such changes on Lessee, Lessee shall have the right to terminate this Agreement as set forth in Section 8 hereof, in which case the provisions of Section 12.2 (b) of the PPA2-D shall apply. Lessee shall perform the O&M Work in a manner that minimizes inconvenience to and interference with Lessor and Lessor’s invitees’ and customers’ use of 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion Property to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertycommercially practicable.

Appears in 1 contract

Sources: Credit Agreement (Bloom Energy Corp)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times with reasonable advance prior notice to Tenant in order to: (i) inspect, (ii) supply cleaning service or an authorized employee of other services to be provided Tenant at hereunder, (iii) show the Premises)Premises to current and prospective Lenders, insurers, purchasers, tenants, brokers and government authorities, (iv) decorate, remodel or alter the Premises if Tenant shall abandon the Premises at any time, upon 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 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 under the circumstancesTenant's on-site manager or other appropriate person for matters which will involve a significant disruption to Tenant's business (except in emergencies) and (b) take reasonable steps to minimize any significant disruption to Tenant's business, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements following completion of any governmental unit 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 authority for which Landlord may be responsible under this Lease, if any; show other obstructions in the Premises to prospective lenders which may prevent or purchasers and, during the ninety (90) days immediately prior impair Landlord's access to the expiration of this Lease if Tenant declines to renew Systems and Equipment 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; Building or post (on the Development, but not within or at the entrance of the Premises) systems and equipment 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 minimize interference with the Premises and Tenant’s If Tenant requests that any such access occur before or after Landlord's regular 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 ▇▇▇▇▇ in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 1 contract

Sources: Lease Agreement (TherapeuticsMD, Inc.)

Access to Premises. (A) Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises, provided same (i) do not unreasonably interfere with Tenant’s use or employees may occupancy of the Premises, (ii) do not diminish the usable area of the Premises by more than a de minimis amount, and (iii) comply with Section 16.1(C) below. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency) reasonable advance prior notice, which notice may be oral, (I) to Tenant examine the same, (II) to show the same to prospective purchasers, Mortgagees or an authorized employee Lessors or, within the last twelve (12) months of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencyTerm, to do prospective tenants of space in the following: inspect Building, or (III) to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises; comply with all lawsPremises or to any other portion of the Building, orders, ordinances and requirements of any governmental unit or authority for (b) which Landlord may elect to perform at least ten (10) Business Days after notice (except in an emergency when no notice shall be responsible required) following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (c) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into (but not store) and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction 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 prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested in whole or in part and the Fixed Rent (and any other item of Rental) shall in no respect ▇▇▇▇▇ or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of 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 least practical interference to Tenant’s business and Tenant’s use of the Premisesotherwise. In all events, Landlord shall use make commercially reasonable efforts to minimize interference with Tenant’s use of the Premises as a result of any such entry and Tenant’s business operations thereon. shall (x) promptly repair any damage caused to the Premises by such work, alterations, improvements or additions, or by the acts of any prospective tenants, purchasers, Mortgagees or Lessors accompanying Landlord into the Premises pursuant to clause (II) above, and (y) indemnify and hold harmless Tenant from and against any liability caused by acts in the Premises of any prospective tenants, purchasers, Mortgagees or Lessors accompanying Landlord into the Premises pursuant to clause (II) above. (B) Any work performed or installations made pursuant to this Article 16 shall be made with reasonable diligence and otherwise pursuant to Section 7.3. (C) Any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 16 shall, if reasonably practicable, either be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises, or completely furred at points immediately adjacent to partitioning, columns or ceilings located or to be located in the Premises. Section 16.2 If Tenant is not present when for any reason entry into the Premises may be necessary or permissible in the case of emergency (or for normal janitorial services performed during non-Operating Hours), Landlord or Landlord’s agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry materially and substantially interferes with the conduct of TenantLandlord or Landlord’s business and/or cause damage agents accord reasonable care to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconductProperty), then and without in any manner affecting this Lease. Section 16.3 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, (i) to change the arrangement or location of public entrances or passageways; public doors, doorways, and corridors; public elevators; public stairs; public toilets; or other public parts of the Building, provided any such event change does not unreasonably interfere with, or deprive Tenant of access to, the rent Building or the Premises; (ii) to put so-called “solar film” or other energy-saving installations on the inside and any sums due outside of the windows; and payable as additional rents(iii) to change the name, shall ▇▇▇▇▇ in proportion number or designation by which the Building is commonly known. 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 extent 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 interference Premises, and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage the purposes of inspection, operation, maintenance, alteration and repair, subject to TenantLandlord’s propertycompliance with the provisions of this Article 16.

Appears in 1 contract

Sources: Lease Agreement (Forrester Research, Inc.)

Access to Premises. Landlord and Landlord, its ’s agents, servants, or employees and contractors may enter the Premises at reasonable times with reasonable advance (including during normal business hours) on50 notice to Tenant (for the purpose of cleaning, inspecting, altering, improving and repairing the Premises or an authorized employee other parts of the Building and 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 movement within the Premises, by or at the Premises)direction of Tenant, and of Tenant’s modular furniture, computers, equipment, wires, lines, cabling or similar connections, trade fixtures, partitions or other personal property located or to be located within the Premises that do not (x) require modification to the Building, (y) affect the structure of the Building, or (z) 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 any time, upon reasonable notice least twenty-four (24) hours’ provisions of this Lease by Tenant51. Landlord shall have free access to Tenant under the circumstances, Premises in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which . Landlord may be responsible under this Lease, if any; also show the Premises to prospective lenders purchasers, tenants52 or purchasers andmortgagees at reasonable times. Tenant waives any claim for any damage, 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 Leaseinjury or inconvenience to, to prospective tenantsor interference with, 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 least practical interference to Tenant’s business and Tenant’s use business, occupancy or quiet enjoyment of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and other loss occasioned by such entry, unless caused by Landlord’s willful misconduct or gross negligence. Landlord shall at all times have a key with which to unlock all of the doors in the Premises (excluding Tenant’s business operations thereon. If Landlord’s entry materially vaults, safes 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 misconductsimilar areas designated in writing by Tenant in advance), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

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

Access to Premises. Landlord or Landlord, its agents, servants, or employees may ’s agents shall have the right to enter the Premises at all reasonable times times, with reasonable advance notice (not less that 48 hours advance notice to Tenant), to examine the same and to show them to prospective purchasers, mortgagees, Tenants or tenants of Landlord, or to public officials lawfully having an interest therein, or to make such decorations, repairs, alterations, improvements or additions as Landlord may reasonably deem necessary or desirable or to close entrances, doors, corridors or other 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 (or an authorized employee 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 Tenant at 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 at if the amount of such areas is diminished, Landlord shall not be subject to any timeliability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, upon reasonable notice nor shall such diminution of such areas be deemed constructive or actual eviction. In exercising is right of access to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply , Landlord agrees to take reasonable precautions to minimize interference with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 least practical interference to Tenant’s business operations and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Lease of Office Space (Insys Therapeutics, Inc.)

Access to Premises. Landlord, its agents, servants, or employees may Section 1. Landlord shall have the right to enter the Leased Premises at all reasonable times with times, upon reasonable advance notice to Tenant (or an authorized employee except in cases of Tenant at the Premises)emergency, when no advanced notice shall be required) and at any timeTenant’s option, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; , for the purpose of inspecting the same or post (on of making repairs, additions or alterations thereto or to the Development, but not within or at Building in which the entrance of the Premises) for sale Leased Premises is located or for lease signs; provided; howeverthe purpose of exhibiting the same to prospective tenants, 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 Premisespurchasers or others. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇▇▇▇ agrees, that prior to entry into the areas of the Premises designated as the clean room and electrical lab, Landlord will give Tenant sufficient prior notice of the time and nature of the entry, to permit Tenant an opportunity to prepare the room and secure confidential and proprietary information. Except as otherwise set forth in the Lease, Landlord shall not be liable to Tenant in any manner for any expense, loss or damage by reason thereof, nor shall exercise of such right be deemed an eviction or disturbance of Tenant’s right of possession. With respect to any provision of this Lease which entitles or requires Landlord to make improvements, alterations or repairs to either the Leased Premises, the Building or the common areas, or to enter the Leased Premises, Landlord agrees that such entry and/or work shall not (i) damage the appearance or reduce the floor area of the Leased Premises, (ii) affect Tenant’s layout (including access to the Leased Premises), or (iii) materially interfere with Tenant’s use and enjoyment of the Leased Premises. All such entry and/or work shall be performed by Landlord in such a way as to minimize disruption to Tenant’s business, and any damage caused to the Leased Premises (including tenant’s decor) shall be repaired by Landlord at its expense. In the event such entry and/or work results in a material interference with the operation of Tenant’s business for a period in excess of five (5) consecutive business days, then Tenant’s obligation to pay Fixed Rent shall be abated during the period of such interference in proportion to the extent area of the interference and Landlord shall be liable for any damage to Tenant’s propertyLeased Premises so affected by such material interference.

Appears in 1 contract

Sources: Lease Agreement (Imricor Medical Systems, Inc.)

Access to Premises. Landlord, its agentsLandlord’s agents or authorized party shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, servantsand, at other reasonable times upon 24 hours prior written or verbal notice to Tenant (except in an emergency), to inspect and/or examine the same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to any portion of the Building or which Landlord may elect to perform in the Premises after T▇▇▇▇▇’s failure to make repairs or perform any work which T▇▇▇▇▇ is obligated to perform under this Lease, or employees may for the purpose of complying with laws, regulations and other directions of governmental authorities. Landlord shall perform any work using reasonable efforts to minimize interference and interruption with T▇▇▇▇▇’s occupancy and the conduct of its business in the Premises, provided, however, Landlord shall not be required to employ labor at overtime rates. Tenant shall permit the usage, maintenance and replacement of pipes and conduits in and through the Premises and the erection of new pipes and conduits therein; provided, to the extent practicable, such pipes and conduits shall be placed adjacent to perimeter walls or above the dropped ceiling (if any, or if there is an exposed ceiling, then within such ceiling provided such pipes and conduits are painted substantially the same color as the ceiling) of the Premises and in a manner to minimize interference with T▇▇▇▇▇’s occupancy of the Premises. Landlord may, during the progress of any work in the Premises, take all necessary materials and equipment into the Premises without the same constituting an actual or constructive eviction nor shall the Tenant be entitled to any abatement of rent while such work is in 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 Premises at reasonable times with reasonable advance hours (upon 24 hours prior written or verbal notice to Tenant) for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last twelve (12) months of the term for the purpose of showing the same to prospective tenants and may, during said twelve (12) 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 Premises, Landlord or an authorized employee 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 at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may hereunder be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, affected. If 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 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 last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially 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 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 property therefrom, Landlord may immediately enter, alter, renovate or redecorate the 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 or 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyobligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Nano Nuclear Energy Inc.)

Access to Premises. LandlordLessor shall provide Lessee, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 LeaseLessor’s normal security and safety requirements, with which Lessee agrees to prospective tenantscomply and cause its employees, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Developmentcontractors and sub-contractors to comply, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries Lessee shall be completed promptly have first received written notification thereof, with access to the Site as reasonably necessary to allow Lessee to perform the installation work and operate, maintain, improve and replace the System as contemplated in a good workmanlike manner so as the PPA2-B, including, without limitation, ingress and egress rights to cause and from the least practical interference Premises for Lessee and its employees, contractors and sub-contractors and access to Tenantelectrical panels and conduits to interconnect the System with the Site’s business and Tenant’s use of the Premiseselectrical wiring. In all events, Landlord Lessor shall use commercially reasonable efforts to minimize provide sufficient space, adjacent to the Premises, 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 Lessee shall have first received written notification thereof, access to the 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 impact of such changes on Lessee; provided, that, if Lessee and Lessor are unable through such negotiations to reach an agreement as to the impact of such changes on Lessee, Lessee shall have the right to terminate this Agreement as set forth in Section 8 hereof, in which case the provisions of Section 12.2 (b) of the PPA2-B shall apply. Lessee shall perform the O&M Work in a manner that minimizes inconvenience to and interference with Lessor and Lessor’s invitees’ and customers’ use of 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion Property to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertycommercially practicable.

Appears in 1 contract

Sources: Credit Agreement (Bloom Energy Corp)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times with reasonable advance notice 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 an authorized employee of alter the Premises if Tenant at shall abandon the Premises), and Premises at any time, upon or 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 reasonable advance written or oral notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Tenant’s on-site manager or authority other appropriate person for matters which Landlord may be responsible 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 prospective tenants, but only if all such showings are accompanied by will involve 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 least practical interference significant disruption to Tenant’s business and (except in emergencies), (b) take reasonable steps to minimize any material 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, (c) take reasonable steps to avoid materially changing the configuration or reducing the square footage of the Premises, unless required by Laws or other causes beyond Landlord’s reasonable control (and in the event of any permanent material reduction, the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be proportionately reduced), and (d) take reasonable steps to comply with Tenant’s reasonable security measures. Tenant shall not place partitions, furniture or other obstructions in the Premises which may prevent or impair Landlord’s access to the Systems and Equipment for the 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 pay all overtime and other additional costs in connection therewith. C. Changes to the Property. To: (i) paint and decorate, (ii) perform repairs or maintenance, and (iii) make replacements, restorations, renovations, alterations, additions and improvements, structural or otherwise (including freon retrofit work), in and to the Property or any part thereof, including any adjacent building, structure, facility, land, street or alley, or change the uses thereof (including changes, reductions or additions of corridors, entrances, doors, lobbies, parking facilities and other areas, structural support columns and shear walls, elevators, stairs, escalators, mezzanines, solar tint windows or film, kiosks, planters, sculptures, displays, and other amenities and features therein, and changes relating to the connection with or entrance into or use of the PremisesBuilding or any other adjoining or adjacent building or buildings, now existing or hereafter constructed). In all eventsconnection with such matters, Landlord shall use commercially may among other things erect scaffolding, barricades and other structures, open ceilings, close entry ways, restrooms, elevators, stairways, corridors, parking and other areas and facilities, and take such other actions as Landlord deems appropriate. However, Landlord shall: (a) take reasonable efforts steps to minimize interference with any denial of access to the Premises except when necessary on a temporary basis, and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes (b) in connection with entering 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, Premises shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertycomply with Paragraph B above.

Appears in 1 contract

Sources: Office Lease (Lattice Semiconductor Corp)

Access to Premises. Section 14.1 (A) Subject to Section 14.1(D), Landlord, its or Landlord's agents, servants, or employees may shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or in an authorized employee of Tenant at the Premises)emergency, and at any time, and, at other reasonable times, upon reasonable prior notice to Tenant under Tenant, except in case of an emergency (which notice may be telephonic or sent via facsimile transmission) to examine the circumstancessame and to make such repairs, in an emergency, replacements and improvements as Landlord may deem necessary or desirable to do any portion of the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Premises following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease. Tenant shall permit Landlord to use, if any; show maintain and replace ducts, exhausts, cables, risers, pipes and conduits in and through the Premises and to prospective lenders 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 purchasers andotherwise concealed. Landlord may, during the ninety (90) days immediately prior progress of any work in the Premises, take all necessary materials and equipment into the Premises without the same constituting an eviction nor shall the Tenant be entitled to the expiration any abatement of Rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise; provided, however, no such exercise of this Lease if Tenant declines right by Landlord shall unreasonably impair Tenant's access to, or otherwise unreasonably or materially interfere with Tenant's ability to renew for an additional term in accordance with use the provisions of Premises as contemplated by this Lease, subject, however 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 least practical interference to Tenant’s business Sections 14.2 and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property25.2 hereof.

Appears in 1 contract

Sources: Lease Agreement (Knight Trading Group Inc)

Access to Premises. LandlordSection 17.01. Landlord and its designees shall have the right to enter upon the Demised Premises at all times during normal business hours and upon twenty four (24) hours telephonic notice to Tenant's designated representation at the Demised Premises (except in emergency situations) to inspect and examine same, its agentsto make repairs, servantsadditions, alterations, or employees improvements to the Demised Premises, the Building within which the Demised Premises are located or any property owned or controlled by Landlord within such Building. In the case of emergency situations, Landlord may enter have access to the Demised Premises at reasonable times with reasonable advance but shall still be required to give telephonic notice to Tenant (or an authorized employee of Tenant's designated representative at the Demised Premises within a reasonable time following Landlord's gaining access to the Demised Premises. Any work performed by Landlord shall be performed in such a manner so as not to interfere with any ongoing experiments being conducted by Tenant at the Demised Premises). Landlord's rights of entry as aforesaid, and at any timethe taking of all property into and upon the Demised Premises that may be required in connection therewith, upon reasonable notice shall not be considered an eviction of Tenant, in whole or in part, constructive or otherwise, and Landlord shall not be liable to Tenant under for any expense, damage, or loss or interruption of the circumstancesbusiness of Tenant by reason thereof, in an emergency, to do and the following: inspect rent reserved hereunder shall continue without abatement during the Premises; comply with all laws, orders, ordinances and requirements period of any governmental unit such entry and while such repairs, alterations, improvements or authority for which additions are being made. Landlord may be responsible under this Lease, if any; or Landlord's designees shall have the right to enter the Demised Premises at all times to show the Demised Premises to prospective lenders purchasers, mortgagees or purchasers andlessees of the Demised Premises, during the ninety (90) days immediately Building or the Center. During the six month period prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm hereof, Landlord may exhibit the Demised Premises 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference tenants and Landlord may place upon the Demised Premises notices reading, "To Let" or "For Rent", which notices Tenant shall allow to be liable for any damage to Tenant’s propertyposted conspicuously without molestation.

Appears in 1 contract

Sources: Lease Agreement (PTC Therapeutics, Inc.)

Access to Premises. 18.1 ACCESS TO PROMISES. Landlord or Landlord, its agents, servants, or employees may 's agents shall have the right to enter the Premises at all reasonable times to examine the same and to show them to prospective purchasers, mortgagees, lessees or tenants of Landlord, or to public officials lawfully having an interest therein, or to make such decorations, repairs, alterations, improvements or additions 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. 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 reasonable advance 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 Tenant the contrary is provided by Landlord five (5) business days in advance of such limited access or an authorized employee in the event of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with and (ii) all laws, orders, ordinances common areas and requirements of any governmental unit or authority for facilities which Landlord Tenant may be responsible permitted to use and occupy, are to be used and occupied under this Leasea revocable license, and if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration amount 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsareas is diminished, Landlord shall use commercially not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction provided there is still reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion access to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyPremises.

Appears in 1 contract

Sources: Lease Agreement (Papnet of Ohio Inc)

Access to Premises. A. Landlord and Landlord, its 's agents, servantsemployees, or employees may vendors shall have the right to enter the Premises Leased Premises, by passkey or otherwise, at reasonable times with any time upon reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, circumstances (except no notice shall be required in the case of an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of ) for any governmental unit or authority for purpose which Landlord may be responsible under this Leasedeem necessary for any installation in or operation of the Building, if any; show including without limitation, the exhibiting of the Leased Premises or the Building to prospective lenders purchasers, mortgagees 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsaddition, Landlord shall have the right to take all necessary materials and equipment into the Leased Premises and to store the same within during construction or while making necessary repairs and maintenance so long as Landlord has acquired Tenant's prior written consent, which consent shall not be unreasonably withheld. Any entry and activity by the Landlord, as permitted under this paragraph 18, shall not entitle Tenant to any rent abatement, shall not constitute an eviction of Tenant and shall not in any way violate the Lease or any portion hereof. Landlord covenants that it will use its commercially reasonable efforts to minimize any interference with, or interruption of, the business of the Tenant in making such repairs or performing maintenance work. This paragraph shall not release Tenant from providing reasonable security precautions equivalent to those provided to its own employees, licensees, and invitees. B. During the last sixty (60) days of the Lease Term, and with Tenant's written consent, which consent shall not be unreasonably withheld, if Tenant has removed all or substantially all of its property from the Leased Premises, Landlord may immediately enter the Leased Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with renovate or redecorate the conduct Leased Premises without reduction or abatement of Tenant’s business and/or cause damage rent, or incurring liability 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable Tenant for any damage to compensation and such act or acts shall have no effect on this Lease or Tenant’s property's obligations hereunder.

Appears in 1 contract

Sources: Office Lease Agreement (Netwolves Corp)

Access to Premises. LandlordLessor shall provide Lessee with access to the Premises as reasonably necessary to allow Lessee to develop, construct, own, operate and maintain the Facility as contemplated herein, including ingress and egress rights to the Premises for Lessee, its Affiliates and any employees, agents, servantsrepresentatives, subcontractors, Lenders, investors, potential Lenders or employees may enter 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 at reasonable times with reasonable advance notice to Tenant (or an authorized employee as necessary for the design, construction, operation and maintenance of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, Facility 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 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 Term of the Premises) for sale or for lease signs; provided; however, that all Lease. Lessor shall provide 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 minimize interference with space on the Premises and Tenant’s business operations thereonaccess 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 maintenance of the Facility or any portion thereof. If Landlord’s entry materially Lessor will identify specific areas for storage, staging, and substantially interferes with parking use by the conduct of Tenant’s business and/or cause damage to Tenant’s property (Lessee and its Affiliates. Lessor and its authorized representatives shall at all times have access to, and the entry is not needed because right to observe, the development, construction, ownership, operation and maintenance of Tenantthe Facility on the Premises, subject to compliance with ▇▇▇▇▇▇’s defaultsafety rules. Notwithstanding anything in this Lease to the contrary, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion acknowledges that ▇▇▇▇▇▇ currently operates, and intends to operate during the Term, a working business ( “Lessor’s Operations”) on the land immediately adjacent to the extent Premises and a portion of the Premises that is not used to develop and build the Facilities. The Facilities and ▇▇▇▇▇▇’s Operations will be separated via a fence. Both Lessor and Lessee agree at all times to minimize its interference and Landlord shall be liable for any damage to Tenantwith and/or interruption of each other’s propertyactivities.

Appears in 1 contract

Sources: Solar Site Option & Lease Agreement

Access to Premises. Section 14.1 (A) Landlord, its or Landlord's agents, servants, or employees may shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or in an authorized employee of Tenant at the Premises)emergency, and at any time, upon and, in non-emergency situations, at other reasonable times on reasonable advance oral notice to Tenant's office manager or assistant manager or other on-site employee of Tenant under the circumstances, in an emergencywith apparent authority, to do examine the following: inspect same and to make such repairs, replacements and non-decorative improvements as Landlord may deem necessary or desirable to any portion of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Premises following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premisesany other reasonable purpose. In all events, Landlord shall use commercially reasonable efforts to minimize minimize, to the extent reasonably practicable, interference with Tenant's use of the Premises for the 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 Tenant’s business operations thereon. If Landlord’s entry materially to erect new pipes and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (conduits therein, provided such new pipes and the entry is not needed because of Tenant’s defaultconduits are, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion 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 any work in the interference Premises, take all necessary materials and equipment for the work then being performed into the Premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of Rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Landlord shall be liable for any damage shall, at Landlord's cost and expense, restore the Premises as nearly as practicable to Tenant’s propertyits prior condition after completion of such work and remove its materials and equipment therefrom.

Appears in 1 contract

Sources: Lease Agreement (U S Trust Corp /Ny)

Access to Premises. Landlord and Landlord, its agents, servants, or employees may ’s agents shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee during Business Hours for the purpose of Tenant at inspecting the Premises)same, for the purpose of maintenance, repair, and at any timefor making additions to and running pipes, upon reasonable notice to Tenant under conduits and ducts through the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances Premises and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show showing 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 prospective tenants, but only if all such showings are accompanied purchasers and lenders, and Tenant hereby waives any claim against Landlord for damage or inconvenience caused by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance any of the Premises) for sale or for lease signs; provided; however, that all such entries above. Except in the case of an emergency (in which case no prior notice 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 eventsrequired), Landlord shall give Tenant not less than 24 hour advance notice of Landlord’s intent to enter the Premises and shall use commercially reasonable efforts to minimize the interference with the Premises and Tenant’s business operations thereonduring the exercise of Landlord’s rights under this Section 23, but Landlord shall not be 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 rapid action or if the necessity for repairs constitutes an emergency. If Tenant does not want Landlord to have the right to enter the clean room unattended, then Tenant shall provide a representative of Tenant to accompany Landlord’s entry materially agents at all times during the exercise of Landlord’s rights under this Section 23 within such clean room, 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 Landlord and any sums due and payable as additional rents, Landlord’s agents shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to comply with Tenant’s propertyreasonable procedures for such access to minimize any risk of contamination in the clean room.

Appears in 1 contract

Sources: Lease Agreement (INSMED Inc)

Access to Premises. Landlord, its agents, servants, or employees may 12.1 Landlord shall have the right to enter upon the Premises at all reasonable times with hours, following reasonable advance prior notice to Tenant and so long as Landlord complies with Tenant’s reasonable security requirements and standard operating procedures (“SOPs”) for the Premises, for the purpose of inspecting them, making repairs to them, making alterations or an authorized employee additions to adjacent premises, conducting environmental inspections or curing any default of Tenant at hereunder that Landlord elects to cure; provided, however, in the Premises)case of an emergency, and at any time, Landlord may enter upon reasonable the Premises without prior notice to Tenant under the circumstancesbut shall notify Tenant of such entry as soon as reasonably practicable thereafter. Landlord shall not be liable to Tenant for any expense, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of loss or damage from any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show such entry upon the Premises to prospective lenders or purchasers andmade in compliance with the terms of this Section. Tenant shall permit Landlord, during the ninety (90) days immediately at any time within 6 months 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 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 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 . In entering 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 not to minimize interference interfere with the business of Tenant being conducted therein. Notwithstanding the foregoing, (i) in no event may Landlord access any “clean rooms” located in the Premises from time to time (and Tenant’s business operations thereon. If 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 its reasonable discretion) certain other areas within the Premises as off-limits to Landlord’s entry materially and substantially interferes with the conduct ; provided, however, Landlord may access such areas in case of Tenant’s business and/or cause emergency involving imminent danger of serious injury to individuals or serious property 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyCenter.

Appears in 1 contract

Sources: Lease Agreement (Neoleukin Therapeutics, Inc.)

Access to Premises. Landlord or Landlord, its agents, servants, or employees may ’s agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and in any emergency at any time, and, at other reasonable times, upon reasonable notice to Tenant under the circumstances, in an emergencynotice, to do examine the following: inspect same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to the Premises; comply with all laws, orders, ordinances and requirements Premises or to any other portion of any governmental unit the Building or authority for which Landlord may be responsible under this Leaseelect to perform; provided, if any; show that Landlord shall repair any damage caused to the Premises as a result of such access. Tenant shall permit Landlord to prospective lenders 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 purchasers andceiling. 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 ninety (90) days immediately prior to the expiration progress of this Lease if Tenant declines to renew for an additional term any work 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 , take all necessary materials and equipment into said Premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss 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 interruption of business and Tenant’s use of the Premisesor otherwise. In all events, 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 business operations thereonproperty. 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 materially 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 interferes with the conduct all of Tenant’s business and/or cause damage property therefrom Landlord may immediately enter, alter, renovate or redecorate the 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 or 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyobligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Salon Media Group Inc)

Access to Premises. Landlord and Landlord, its agents, servants, or employees may ’s agents shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant during Business Hours, for the purpose of inspecting same for the purpose of (or an authorized employee of Tenant at the Premises)a) maintenance, repair, and at any timefor making additions to and running pipes, upon reasonable notice to Tenant under conduits and ducts through the circumstancesPremises (which, in an emergencywherever reasonably practicable, to do will be run above the following: inspect the Premises; comply with all laws, orders, ordinances ceiling and/or behind existing walls) and requirements of any governmental unit or authority (b) for which Landlord may be responsible under this Lease, if any; show showing the Premises to prospective tenants, purchasers and lenders or purchasers and, (during the ninety last six (906) days immediately prior 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 expiration of this Lease if Tenant declines to renew for an additional term extent otherwise specifically set forth in accordance with the provisions of this Lease. Except in the case of an emergency (in which case no prior notice shall be required), Landlord shall give Tenant advance notice of Landlord’s intent to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post enter the Premises (on which shall be at least seven (7) business days’ notice for entry to the Development, but not within or at Security Area (a) and 24 hours’ notice for entry to the entrance remainder of the Premisespremises) 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 minimize the interference with Tenant’s operations during the exercise of Landlord’s rights under this Section 23, but Landlord shall not be 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 rapid action or if the necessity for repairs constitutes an emergency. If there are areas of the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with that Tenant does not want Landlord to have the conduct of Tenant’s business and/or cause damage right to Tenant’s property enter unattended (and the entry is not needed because of Tenant’s default, negligence or willful misconducta “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 such event connection with any entry into the rent and any sums due and payable Premises. As of the Effective Date, Tenant has identified that certain area shown on the plan attached as additional rentsExhibit “H” to be the Security Area. Tenant shall have the right, upon at least seven (7) days’ notice to Landlord, to amend Exhibit “H”. Tenant shall ▇▇▇▇▇ in proportion have access to the extent building twenty-four (24) hours per day, seven (7) days per week, by means of the interference and 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 a fee as reasonably determined by Landlord. Landlord shall be liable for any damage provide one hundred fifty (150) electronic access cards at no charge to Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (Passage BIO, Inc.)

Access to Premises. Section 14.1 (A) Tenant shall permit Landlord, its agents, servants, or employees may enter agents and contractors and (i) to the Premises at reasonable times with reasonable advance notice or to Tenant any other portion of the Building as Landlord may deem reasonably necessary or desirable, (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for ii) which Landlord may be responsible elect to perform pursuant to Section 4.1 following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with all Requirements of Law. Subject to Section 4.3, Landlord and such other persons authorized by Landlord shall be allowed to take all materials into and upon the Premises that may be reasonably required therefor and to prospective lenders or purchasers and, during take over discrete portions of the ninety (90) days immediately prior Premises at any one time to the expiration of this Lease if Tenant declines extent necessary to renew for an perform such work or to maintain any additional term columns erected 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with or to ensure the conduct safety of Tenant’s business and/or cause damage to Tenant’s property personnel while such work is being performed without the same constituting an eviction or constructive eviction of Tenant in whole or in part. The Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no way ▇▇▇▇▇ while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Tenant shall also grant access at ▇▇▇▇▇▇▇▇’s request to other tenants in proportion the Building in connection with Alterations being made by such tenants, provided that each such tenant shall agree in writing to indemnify and hold Tenant harmless from and against any and all claims, loss, cost and damage (including without limitation reasonable attorney’s fees and disbursements) arising from such access and that said access shall be on the extent of the interference and same terms as those afforded to Landlord hereunder. Landlord shall not be liable for any damage to Tenant’s propertyacts of other tenants on the Premises in connection with any such access.

Appears in 1 contract

Sources: Lease (Coty Inc /)

Access to Premises. LandlordLandlord and its employees, its agentsservants and agents shall have the right, servantsupon 24 hours’ prior notice, or employees may to enter the Premises during business hours, or at such other reasonable times for the purpose of examining or inspecting the Premises to ensure that Tenant is complying with reasonable all of its obligations hereunder, showing the same to prospective purchasers, mortgagees, or tenants of the Office Unit, performing janitorial, cleaning, maintenance and repair services, including, but not limited to regular HVAC service repairs, maintenance, and replacement, and making such alterations, repairs, improvements or additions to the Premises or other portions of the Property as Landlord may deem necessary or desirable. Notwithstanding the foregoing, prior to Landlord's entry into the Premises other than in an emergency or for purposes of performing Landlord's normal janitorial, cleaning, maintenance and repair services contemplated under this Lease (for which entry no advance notice shall be required), Landlord shall provide at least twenty-four (24) hours prior notice to Tenant (or an authorized employee of Tenant at the Premiseswhich notice need not be in writing), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsconnection with any such entry, Landlord shall use commercially reasonable efforts be allowed to minimize interference with take all material into and upon the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with that may be required therefor without the conduct same constituting an eviction of Tenant’s business and/or cause damage to Tenant’s property (Tenant in whole or in part, and the entry is Rent shall 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 ▇▇▇▇▇ while said alterations, repairs, improvements or additions are being made by reason of loss or interruption of business of 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 proportion the event of an emergency) without liability to the extent Tenant and without such entry constituting an eviction of the interference and Landlord shall be liable for any damage to Tenant’s propertyTenant or termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Duolingo, Inc.)

Access to Premises. Section 14.1 (A) Landlord, its or Landlord's agents, servants, or employees may shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or in an authorized employee of Tenant at the Premises)emergency, and at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Landlord may deem reasonably necessary or desirable to any portion of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Premises following Tenant's failure, after the expiration of any notice and/or grace period provided under this Lease, if any; show 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 perform under this Lease, or for any other reasonable purpose. Tenant shall permit Landlord to use, maintain and replace pipes and conduits in and through the Premises and to prospective lenders erect new pipes and conduits therein, provided such new pipes and conduits are, to the extent practicable, within the walls, above the ceiling or purchasers andbelow 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 the Premises or detract from the appearance thereof. Landlord may, during the ninety (90) days immediately prior progress of any work in the Premises, take all necessary materials and equipment into the Premises without the same constituting an eviction nor shall the Tenant be entitled to the expiration any abatement of Rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise; provided, however, no such exercise of this Lease if Tenant declines right by Landlord shall unreasonably impair Tenant's access to, or otherwise unreasonably or materially interfere with Tenant's ability to renew for an additional term in accordance with use the provisions Premises as contemplated by this Lease, subject, however to Section 14.2 and 25.2 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (Paine Webber Group Inc)

Access to Premises. Landlord, Tenant agrees to permit Landlord and/or its agents, servants, or employees may authorized representatives to enter the Premises at all times during usual business hours on reasonable times with reasonable advance written notice to Tenant for the purpose of inspecting the same. Tenant further covenants and agrees that Landlord or any person authorized by Landlord may enter upon the Premises during normal business hours, or after hours (or an authorized employee of Tenant at the Premiseswith appropriate security measures), and at in order to make any time, upon reasonable necessary repairs to the Premises or perform work therein (provided that prior written notice has been given to Tenant under the circumstances, in an emergency, and such repairs have been approved by Tenant): (i) which may be necessary to do the following: inspect the Premises; comply with all any laws, ordersordinances, ordinances and requirements rules or regulations of any governmental unit public authority, insurance agency or authority for any similar body; (ii) which Landlord may be responsible under this Lease, if any; show deem necessary to prevent waste or deterioration in connection with the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines does not make those repairs which are its responsibility hereunder following written demand from Landlord; (iii) which may be necessary in an emergency situation; or (iv) which Landlord may deem necessary in the course of performing any remodeling, construction or other work in any portion of the Building, including without limitation the Premises of another tenant, adjacent to, above, or below the Premises. Nothing herein contained shall imply any duty on the part of Landlord to renew for an additional term in accordance with the provisions do any such work which, under any provision of this Lease, Tenant may be required to prospective tenantsdo, but only if all such showings are accompanied by nor shall it constitute a representative waiver of any Tenant if so requested by Tenant; or post (on default in failing to do the Developmentsame. Notwithstanding anything contained in this Section to the contrary, but not within or at the entrance in any entry 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 and its employees and contractors shall use exercise good faith, commercially reasonable efforts to minimize any interference with with, or disturbance to Tenant or the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct operation of Tenant’s business and/or cause damage to Tenant’s property (and in 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyPremises.

Appears in 1 contract

Sources: Warehouse Lease Agreement (Obagi Medical Products, Inc.)

Access to Premises. Landlord, Landlord reserves for itself and its agents, servants, or employees may and independent contractors the right to 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 notice notice) to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, ordersto supply any service to be provided by Landlord to Tenant hereunder, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; to show the Premises to prospective lenders purchasers, mortgagees, beneficiaries or purchasers and, (during the ninety last twelve (9012) days immediately prior months of the Term) prospective tenants, to the expiration post notices of this Lease if nonresponsibility, to determine whether Tenant declines to renew for an additional term in accordance is complying with the provisions of its obligations under this Lease, and to prospective tenantsalter, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; improve or post (on repair the Development, but not within Premises or at the entrance any other portion of the Premises) Building provided that Landlord shall not under any circumstances, except for sale emergencies threatening life or for lease signs; provided; howeverproperty, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to enter Tenant’s business computer areas without the permission of Tenant. Tenant shall not place any locks on any interior doors in the Premises without the consent of Landlord and Tenant’s without providing Landlord with copies of the keys for such locks. In the event of an emergency, Landlord shall have the right to enter the Premises at any time without notice. Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open doors in an emergency, in order to obtain entry to any portion of the Premises. In all eventsExcept as provided in Section 12 above, 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, any right to abatement of Rent or Additional Charges, or any other loss occasioned by Landlord’s exercise of any of its rights under this Article 20; provided that Landlord shall always use commercially reasonable its best efforts to avoid or minimize any interference with the Premises and Tenant’s business operations thereonbusiness. If Tenant waives all rights to consequential damages (including, without limitation, damages for lost profits and lost opportunities) arising in connection with Landlord’s entry materially and substantially interferes with the conduct exercise 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyits right under this Section 20.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Thoratec Corp)

Access to Premises. Landlord and Landlord, its agents, servants, ’s agents and the agents of any Fee Mortgage lender or employees may Leasehold Mortgage lender shall have the right to enter the Premises at reasonable times and in such a manner so as not to interfere with reasonable advance notice to Tenant (the use of the Premises or an authorized employee the conduct of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstancesbusiness or operations on them, in an emergency, order to do the following: examine and inspect the Premises; comply with all laws, orders, ordinances Premises and requirements of any governmental unit or authority for which Landlord may be responsible (when allowed under this Lease) to show them to prospective purchasers or tenants, if any; show and to make such repairs to the Premises as Landlord may deem necessary because of Tenant’s failure to prospective lenders accomplish necessary repairs or, with respect to lenders, to gain access to any collateral in which the lender has a security interest of any kind, all without such entry constituting an eviction in whole or purchasers andin part, during and the ninety rent reserved shall not ▇▇▇▇▇ while such repairs are being made. During the six (906) days immediately months prior to the expiration of this the Lease if Tenant declines Term, Landlord may exhibit the Premises to renew for an additional term in accordance with prospective tenants or purchasers, and place upon the provisions of this Premises the notices “For Lease” or “For Sale.” At any time during the Lease, Landlord may exhibit the Premises to prospective tenantspurchasers. Nothing in the foregoing provisions however, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; shall be deemed or post (on construed to impose upon Landlord any obligation, responsibility, or liability whatsoever, for the Developmentcare, but not within maintenance, or at the entrance repair of the Premises) for sale Premises or for lease signs; any part of them, except as otherwise specifically 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 give Tenant not less than twenty-four (24) hours prior written notice if Landlord is to minimize interference with enter during nonbusiness hours, except in the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct case of Tenant’s business and/or cause damage to Tenant’s property (and the entry emergencies where no notice 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyrequired.

Appears in 1 contract

Sources: Ground Lease Agreement

Access to Premises. Landlord shall 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, in such a manner that they do not unreasonably interfere with Tenant’s operation of the Premises or its agents, servants, quiet enjoyment. Repairs by either Landlord or employees may 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 times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon hours on reasonable notice to Tenant under show them to prospective purchasers and mortgagees, however, such shall be in a manner that does not interfere with the circumstances, 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 an emergency, to do the following: inspect operation of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which business. In no event may Landlord may be responsible under this Lease, if any; show 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 reasonable hours on reasonable notice for the purpose of showing them to prospective lenders purchasers or purchasers mortgagees and, during the ninety (90) days immediately prior to last six months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, but only if all Landlord or Landlord's agents may enter the same whenever such showings are accompanied by a representative entry may be reasonably necessary in event of an emergency to protect life or property. In no event shall the obligations of Tenant if so requested hereunder be affected 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 any 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 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyentry.

Appears in 1 contract

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

Access to Premises. (A) Tenant shall permit Landlord, its Landlord’s agents, servantsother tenants in the Building and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises provided same do not reduce the usable area of the Premises or employees may interfere with Tenant’s use and enjoyment thereof beyond a de minimis amount. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency) reasonable advance prior notice, which notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencymay be oral, to do examine the following: inspect same, to show the Premises; same to prospective purchasers, Mortgagees or lessees of the Building or (during the last twelve (12) months of the Term) lessees of space therein, or to make such repairs, alterations, improvements or additions (i) as may be required in connection with Landlord’s Work, (ii) as Landlord may reasonably deem necessary to the Premises to comply with all laws, orders, ordinances Requirements and requirements of the insurance companies providing insurance on the Building, or as Landlord may deem necessary or desirable to any governmental unit other portion of the Building, or authority for (iii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be responsible required) following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (v) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior constructive eviction of Tenant in whole or in part and except to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with extent provided under Section 7.3 hereof, 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no respect ▇▇▇▇▇ in proportion or be reduced by reason of said repairs, alterations, improvements or 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 extent Premises by such work, alterations, improvements or additions. (B) Any work performed or installations made pursuant to this Article 16 shall be made with reasonable diligence and otherwise pursuant to Section 7.3, including, without limitation, the provisions thereof relating to overtime work. (C) Any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 16 shall, if reasonably practicable, either be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises, or completely furred at points immediately adjacent to partitioning, columns or ceilings located or to be located in the Premises. Section 16.2. If Tenant is not present when for any reason entry into the Premises may be necessary or permissible, Landlord or Landlord’s agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents accord reasonable care to Tenant’s Property), and without in any manner affecting this Lease. Section 16.3. 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 or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the interference Building, provided any such change does not unreasonably interfere with, or deprive Tenant of access to, the Building or the Premises; to put so-called “solar film” or other energy-saving installations on the inside and outside of the windows; and to change the name, number or designation by which the Building is commonly known. 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 be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of inspection, operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Peloton Interactive, Inc.)

Access to Premises. LandlordLandlord and its agents and representatives shall have the 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, its agentsinstall, servantsuse and maintain pipes, ducts and conduits in and through the Premises; (e) to make such decorations, repairs, alterations, improvements or additions, or employees 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 enter deem necessary or desirable; (f) to take all materials into and upon the Premises that may be required in connection with any such decorations, repairs, alterations, improvements, additions or maintenance; (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 with 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 this Section 13, nor shall such be deemed to be an actual or 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 creditors, sheriff, marshal or court officer entitled to, or reasonably 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 (or an authorized employee of Tenant at the Premises), and at any timeand, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsrequest, Landlord shall use commercially reasonable efforts provide Tenant with any available proof of authority and entitlement to minimize interference with the Premises and Tenant’s business operations thereonenter. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage Nothing contained in this Section or any action taken by Landlord pursuant 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 rentsthis Section, shall ▇▇▇▇▇ be deemed to constitute recognition by Landlord that any person other than Tenant has any right or interest in proportion to this Lease or the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyDemised Premises.

Appears in 1 contract

Sources: Sublease (Shutterstock, Inc.)

Access to Premises. Landlord shall 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, in such a manner that they do not unreasonably interfere with Tenant’s operation of the premises or its agentsquiet enjoyment. Repairs by either Landlord or 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, servantshowever, 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 employees 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 reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon hours on reasonable notice to Tenant under for the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements purpose of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises showing them to prospective lenders purchasers or purchasers mortgagees and, during the ninety (90) days immediately prior to last six months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, but only if all Landlord or Landlord's agents may enter the same whenever such showings are accompanied by a representative entry may be reasonably necessary in event of an emergency to protect life or property. In no event shall the obligations of Tenant if so requested hereunder be affected 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 any 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 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyentry.

Appears in 1 contract

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

Access to Premises. Landlord or Landlord's agents shall have the right to enter and/or pass through the Demised Premises at all times to examine the same, its agentsto show them to mortgagees, servantsground lessors, prospective purchasers or employees lessees or mortgagees of the Building, adjusters or any other persons, and to make such repairs, improvements or additions as Landlord may enter deem necessary or desirable and Landlord shall be allowed to take all material into and upon and/or through said Demised Premises that may be required therefor. Landlord's access to the Demised Premises shall be limited to once per month at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, (except during the ninety last 12 months of the term or in the event of an emergency or necessary repairs). During the one (901) days immediately year prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseDemised Term, or any renewal term, Landlord may exhibit the Demised Premises to prospective tenantstenants or purchasers at all reasonable hours and without unreasonably interfering with Tenant's business. If Tenant shall not be personally present to open and permit an entry into said premises, but only if all such showings are accompanied 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 representative of Tenant master key, without rendering Landlord or such agent liable therefor (if so requested by Tenant; during such entry Landlord 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 Landlord's agents shall be completed promptly in a good workmanlike manner so as to cause the least practical interference accord reasonable care to Tenant’s business and Tenant’s use of the Premises's property). In all events, Landlord shall use commercially reasonable efforts to minimize interference comply with Tenant's security procedures (except in the Premises and Tenant’s business operations thereoncase of an emergency). If Landlord’s entry materially and during the last month of the Demised Term, Tenant shall have removed all or substantially interferes with the conduct all of Tenant’s business and/or cause damage 's property there from, Landlord may immediately enter, alter, renovate or redecorate 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 or 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 ▇▇▇▇▇ in proportion to the extent of the interference and 's obligations hereunder. Landlord shall be liable for any damage to Tenant’s propertyprovide Tenant with 194 building access cards. Landlord shall provide Tenant with additional building access cards at a charge of $25.00 per card.

Appears in 1 contract

Sources: Lease Agreement (Falconstor Software Inc)

Access to Premises. Section 14.1 ( A) Tenant shall permit Landlord, its Landlord’s agents, servantsrepresentatives, or contractors and employees may and public utilities servicing the Building to erect, use and maintain, concealed ducts, pipes and conduits in and through the Premises, as limited by the provisions of Section 14.1(C). Landlord, Landlord’s 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 with reasonable advance upon at least twenty-four (24) hours’ prior notice to Tenant (or except to the case of an authorized employee of Tenant at the Premisesemergency in which event Landlord and Landlord’s agents, representatives, contractors, and employees may enter without prior notice to Tenant), and at any time, upon reasonable which notice to Tenant under the circumstances, in an emergencymay be oral, to do examine the following: inspect same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs and alterations (provided such alterations are performed subject to, and as limited by, the Premises; comply with all lawsprovisions of Section 14.1(C)), ordersor restorations under Articles 10 or 11 of this Lease (i) as Landlord may deem necessary or reasonably desirable to the Premises or to any other portion of the Building, ordinances and requirements of any governmental unit or authority for (ii) which Landlord may be responsible 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, if any; show or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction 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 prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested by Tenant; in whole or post (on to part and 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall ▇no wise a▇▇▇▇ in proportion to while said repairs and alterations (provided such alterations are performed subject to, and as limited by, the extent provisions of the interference and Landlord shall be liable for any damage to Section 14.1(C)), or restorations under Articles 10 or 11 of this Lease are being made, by reason of loss or interruption of business of Tenant’s property, or otherwise.

Appears in 1 contract

Sources: Lease Agreement (Coty Inc /)

Access to Premises. Section 15.1 Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain ducts, pipes and conduits in and through the Premises, provided that such installations (i) are concealed within existing walls, columns and ceilings, to the extent feasible, and where not feasible, are appropriately furred and finished, (ii) do not cause the usable area of the 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 employees may 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 with upon reasonable advance prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to Tenant examine the same, to show them to prospective purchasers, Mortgagees, Superior Lessors or ground lessees of the Building and their respective agents and representatives, or (or an authorized employee during the final 12 months of Tenant at the Term) to prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises, to the extent expressly set forth herein, or to any timeother portion of the Building, upon reasonable or (ii) which Landlord may elect to perform following Tenant’s failure, after notice and an opportunity to Tenant under the circumstancescure, except in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of make repairs or perform any governmental unit work which Tenant is obligated to make or authority for which Landlord may be responsible perform under this Lease, if any; show or (iii) for the purpose of complying with applicable Laws, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders the extent required without constituting an eviction or purchasers andconstructive eviction of Tenant in whole or in part, during the ninety and Fixed Rent and Additional Rent will not be abated (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term except as expressly provided in accordance with the provisions of this Lease) while such repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. (a) If Tenant shall not be present when for any reason entry into the Premises shall be necessary by reason of emergency, Landlord or Landlord’s agents may 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 prospective tenantsTenant’s property), but only if all such showings are accompanied by and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as herein provided. (b) Notwithstanding the foregoing, Landlord agrees that except in an emergency, neither Landlord nor any Landlord Party shall enter the Permitted Data Center without a representative of Tenant present during such entry. Tenant agrees to make a representative available to Landlord for any such entry upon at least one (1) day’s prior notice, which notice may be oral or electronic. Section 15.3 Landlord shall have the right from time to time to alter the Building and, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement 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 (i) Tenant shall not be thereby deprived of access to the Premises, (ii) no such changes by Landlord shall interfere, in any material respect, with Tenant’s use and occupancy of the Premises, and (iii) if so requested Landlord moves or alters any Common Area Bathrooms previously renovated by Tenant pursuant to Section 5.3(b), Landlord shall restore or refurbish such affected Common Area Bathrooms substantially in the same manner and quality as Tenant; or post ’s prior renovations thereof. All parts (on except surfaces facing the Development, but not within or at the entrance 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 other than doors and entrances solely servicing the Premises), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for sale or for lease signs; provided; howevershafts, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling (other than Tenant’s business HVAC System and Tenant’s use the conduits provided to Tenant pursuant to Section 10.9), plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Doubleclick Inc)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at 16.01 Upon reasonable times with reasonable advance prior written notice to Tenant (or except in the event of an authorized employee of Tenant at the Premises)emergency, and then at any time), upon reasonable notice Tenant will permit Landlord and its agents access to Tenant under the circumstances, in an emergency, to do Premises during all normal business hours for the following: inspect purpose of examining the Premises; comply with all laws, ordersmaintaining existing pipes and conduits in and through the Premises and making any repairs, ordinances and requirements of any governmental unit alterations or authority for additions which Landlord may be responsible under this Leasedeem necessary for the safety, if any; show preservation or improvement of the Premises or the Building. Landlord will be allowed to prospective lenders or purchasers and, during take all material into the ninety (90) days immediately prior Premises that may be reasonably required for such work and to perform such acts without the expiration of this Lease if Tenant declines to renew for same constituting 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 eviction of Tenant if so requested by Tenant; in whole or post (on the Developmentin part, 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, provided Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not unreasonably interfere with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is 's business. The rent will 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 ▇▇▇▇▇ while the repairs, alterations, improvements or additions are 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 Base Rent shall be abated in proportion to the extent percentage of the interference and Landlord Premises that cannot be used for Tenant's business in a comercially reasonable manner. Said rent abatement shall be liable 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 damage repairs, alterations, improvements or additions being made by Landlord. Notwithstanding anything contained herein to the contrary, in no event shall rent ▇▇▇▇▇ if repairs or replacements to the Premises or any other portion of the Building are necessitated by Tenant’s property's negligence or breach of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Federal Screw Works)

Access to Premises. Landlord, its agents, servants, or employees may Section 1. Landlord shall have the right to enter upon the Premises Property at all reasonable times with hours upon reasonable advance prior notice to Tenant (or an authorized employee for the purpose of inspecting same. If Landlord, in the reasonable exercise of its discretion, deems any repairs necessary which are the obligation of Tenant hereunder, Landlord may demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, Landlord may make or cause such repairs to be made only after seven (7) days' notice has been given to Tenant and said condition shall have continued, then Landlord may make or cause such repairs to be made, and shall not be responsible to Tenant for any loss or damage that may accrue to its stock or business by reason thereof, unless caused by the gross negligence or willful misconduct of Landlord or its agents; provided, however, Landlord and its agents shall use reasonable efforts not to interfere with or hinder the operation of Tenant's business at the Premises)Property. If Landlord makes or causes such repairs to be made, Tenant agrees that it will pay to Landlord the reasonable cost thereof within ten (10) days of demand. If Tenant fails to timely reimburse Landlord, he may charge Tenant interest on the unpaid amount computed at a rate of ten percent (10%) per annum from the date of demand until payment, and at any time, upon reasonable notice to Tenant under Landlord shall have the circumstances, remedies provided in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety Paragraph 8 hereof. Section 2. For a period commencing six (906) days immediately months prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions termination of this Lease, Landlord may have reasonable access to the Property for the purpose of exhibiting same to prospective tenants, but only if all such showings are accompanied by a representative tenants so long as Landlord does not interfere with or hinder the operation of Tenant if so requested by Tenant; or post (on the Development, but not within or 's business 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyProperty.

Appears in 1 contract

Sources: Lease Agreement (Life Critical Care Corp)

Access to Premises. Landlord5.16.1 The Lessor and its representatives will have the right, its agentsat any reasonable time during the Term and following a reasonable notice to the Lessee (except in emergency situations where no notice is required), servants, or employees may to enter the Leased Premises at reasonable times with reasonable advance to examine the condition and minor repairs that have been made in order to ensure that the Lessee is adequately fulfilling its obligations pursuant to this lease. If, following such an examination, the Lessor deems it necessary to make minor repairs to the Leased Premises, which were caused by the Lessee, the Lessor (except where otherwise stipulated herein) shall provide a written notice to Tenant this effect to the Lessee and the latter shall, within fifteen (15) days following the notice, diligently commence and complete the minor repairs required according to industry practices. 5.16.2 If the Lessee fails to perform such minor repairs in the manner stipulated above, the Lessor may, subject to any other right or an authorized employee recourse it may have, perform such minor repairs and the Lessee shall reimburse the Lessor for the cost of Tenant at the Premises)such minor repairs, and plus ten percent (10%) in administration charges as additional rent, on receipt of a statement of account to this effect. The Lessor may at any time, upon reasonable without prior notice to Tenant the Lessee, perform emergency minor repairs and invoice the cost to the Lessee, which are the Lessee’s responsibility pursuant to this lease. The Lessor acknowledges the confidential nature of the activities of the Lessee in the Leased Premises and undertakes, when its employees or any persons under its control have access to the circumstances, in an emergencyLeased Premises, to do take reasonable measures to preserve this confidentiality. 5.16.3 During the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety last three (903) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions months of this Lease, the Lessee must permit prospective tenants to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post visit the premises. The Lessor must identify the visitors and advise the Lessee two (on the Development, but not within or at the entrance of the Premises2) 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 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion working days prior to the extent of visit. Lessor undertakes to perform said visits without interrupting or disrupting the interference and Landlord shall be liable for any damage to TenantLessee’s propertyoperations in the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement (enGene Holdings Inc.)

Access to Premises. A. Landlord, its contractors, agents, servantsemployees, or employees may designees, shall have the right of ingress and egress on, over, and across the Premises for access to and the maintenance, development, operation, and security of adjacent or other State-owned property. B. Landlord, its contractors, agents, employees, and designees shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (and any building or an authorized employee of Tenant at the Premises), and structure thereon at any time, upon reasonable notice time for the purpose of: (i) consultation with Tenant; (ii) inspecting the Premises and Improvements to evaluate Tenant's operation thereof and take such action as Landlord deems appropriate to assure compliance by Tenant under with the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances terms and requirements conditions of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show ; (iii) taking such action as Landlord determines necessary to assure Tenant's compliance with this Lease; (iv) conducting any underground hydrological or other environmental testing program and/or investigating and remediating any contamination; (v) entering the Premises for any purpose related to prospective lenders or purchasers and, during management of the ninety (90) days immediately prior to Premises as part of the expiration State Park after notice of termination of this Lease if Tenant declines is given; and (vi) correcting any condition resulting from Tenant's failure or omission to renew for an additional term comply with this Lease or making such repairs or improvements as necessary to assure Tenant's compliance with this Lease. C. Landlord shall, 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 nature and extent of the Premises) for sale or for lease signs; provided; howeveractivities to be undertaken as part of its access, that all such entries shall be completed promptly exercise its rights in a good workmanlike manner so as intended to cause the least practical interference avoid or minimize damage to Tenant’s business 's property and crops and to avoid unreasonable interference with Tenant’s use 's activities and, except for emergency circumstances, Landlord shall endeavor to provide at least forty-eight (48) hours’ notice to Tenant prior to entering upon the Premises. D. Tenant shall not plant any trees and/or crops within twenty (20) feet of any building, structure, or ingress/egress point to the Premises. E. Landlord may erect new gates to the access area of the Premises. In all eventsAny new gate shall be installed in a manner that does not limit or restrict access to the Premises for farm equipment. Landlord shall provide Tenant with the means to unlock the gate. F. Tenant shall not alter access to the State Park. Tenant shall not lock State Park access gates that are typically unlocked or unlock gates that are typically locked without the prior written approval of Landlord. If Tenant is not sure whether a gate is typically locked or unlocked, it shall contact Landlord prior to locking or unlocking any gates. If a gate is locked by Landlord or Tenant, both shall have a means to unlock the gate. G. Landlord shall ensure that Tenant has access to the Premises. Tenant shall notify Landlord immediately if access has been impaired. If restoring access requires a physical change to the Premises, Landlord shall use commercially reasonable efforts either repair the impaired access or authorize Tenant to minimize interference with make the Premises and Tenant’s business operations thereonrepair. If Tenant is authorized to make the repair, the repair shall be treated as an Improvement pursuant to Paragraph 9, and Tenant shall be required to obtain Landlord’s entry materially and substantially interferes with the conduct written approval of Tenant’s business and/or cause damage to Tenant’s property (an Improvement Plan and the entry is not needed because of Tenant’s defaultassociated cost prior to beginning any work. If Landlord approves the Improvement Plan and the cost, negligence or willful misconduct), then in such event Tenant may deduct the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent cost of the interference and Landlord shall be liable for any damage to Tenant’s propertyrepair from its next Rent payment.

Appears in 1 contract

Sources: Farm Lease

Access to Premises. LandlordThe Tenant agrees to permit the Lessor and the authorized representatives of the Lessor to enter the Premises, its agentsupon 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, servantstelephonic 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 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 constitute a waiver of the 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 employees may other damage 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. Lessor reserves the right to enter upon the Premises at reasonable times with reasonable advance notice to Tenant (or any time in the event of an authorized employee of Tenant at the Premises), emergency and at any time, upon reasonable notice hours to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show exhibit the Premises to prospective lenders purchasers or purchasers and, 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 ninety last nine (909) days immediately prior to months of 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 without hindrance or molestation 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Office/Warehouse Lease (Manufacturers Services LTD)

Access to Premises. LandlordLandlord or its authorized designate(s) shall have the right, its agentsat any time and from time to time, servants, or employees may to enter upon the Premises at reasonable times with reasonable advance notice for the purposes of inspecting the same, preventing waste, conducting construction and/or alteration and/or maintenance activities, making such repairs as Landlord may consider appropriate and/or necessary (but without any obligation to Tenant (or an authorized employee of Tenant at the Premisesdo so except as expressly provided for herein), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show showing the Premises to prospective lenders or purchasers andtenants, mortgagees and/or purchasers. If during the ninety (90) days last month of the Term, Tenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may immediately prior enter and alter, renovate and redecorate the Premises without elimination or abatement of Rent or Additional Rent or incurring liability to the expiration of this Lease if Tenant declines to renew for an additional term any compensation or offsets in accordance with the provisions of Rent or 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, to prospective tenantsAND EXCEPT FOR BONA-FIDE EMERGENCY CIRCUMSTANCES, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post THE PREMISES SHALL BE AVAILABLE FOR TENANT'S ACCESS THERETO TWENTY-FOUR (on the Development24) HOURS PER DAY, but not within or at the entrance of the PremisesSEVEN (7) for sale or for lease signs; provided; howeverDAYS PER WEEK, 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 PremisesEVERY DAY OF THE YEAR. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertySUCH 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

Sources: Lease Agreement (Liquidmetal Technologies)

Access to Premises. Landlord shall 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 ▇▇▇▇▇▇’s failure to do so. Repairs shall be made, and alterations as are the requirement of Landlord, in such a manner that they do not unreasonably interfere with Tenant’s operation of the premises or its agentsquiet enjoyment. Repairs by either Landlord or 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, servantshowever, 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 employees 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 reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon hours on reasonable notice to Tenant under for the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements purpose of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises showing them to prospective lenders purchasers or purchasers mortgagees and, during the ninety (90) days immediately prior to last six months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, but only if all Landlord or Landlord’s agents may enter the same whenever such showings are accompanied by a representative entry may be reasonably necessary in event of an emergency to protect life or property. In no event shall the obligations of Tenant if so requested hereunder be affected 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 any 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 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyentry.

Appears in 1 contract

Sources: Lease Agreement

Access to Premises. Landlord shall 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, in such a manner that they do not unreasonably interfere with Tenant’s operation of the Premises or its agents, servants, quiet enjoyment. Repairs by either Landlord or employees may 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 reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon hours on reasonable notice to Tenant under show them to prospective purchasers and mortgagees, however, such shall be in a manner that does not interfere with the circumstances, operation of the business and shall not include entry into the kitchen and other areas if such entry would be a violation of health codes or would create a hazard in an emergency, to do the following: inspect operation of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under business. Except as expressly provided in this Lease, if any; show 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 delayed. Throughout the Term, Landlord shall have the right to enter the Premises at reasonable hours on reasonable notice for the purpose of showing them to prospective lenders purchasers or purchasers mortgagees and, during the ninety last six months of the Term or during any period of Tenant default which remains uncured for more than sixty (9060) 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 Leasedays, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, but only if all Landlord or Landlord’s agents may enter the same whenever such showings are accompanied by a representative entry may be reasonably necessary in event of an emergency to protect life or property. In no event shall the obligations of Tenant if so requested hereunder be affected 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 any 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 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyentry.

Appears in 1 contract

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

Access to Premises. Landlord and Landlord, its agents, servants, or employees may ’s agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and in any emergency at 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 notice to Tenant under the circumstances, (except in an emergency), to do the following: inspect Landlord may enter the Premises; comply : (i) to examine and make such repairs, replacements and improvements as Landlord may deem necessary or reasonably desirable to the Premises or to any other portion of the Building, (ii) for the purpose of complying with all laws, orders, ordinances regulations and other requirements of any governmental unit authorities or authority for which Landlord may be responsible 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, (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 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, but only if all such showings are accompanied by a representative during the progress of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of any work in the Premises) for sale , take all necessary materials and equipment into the Premises and close or for lease signs; provided; howevertemporarily suspend operation of entrances, that all doors, corridors, elevators or other facilities without such entries interference constituting an eviction. Except as otherwise expressly set forth in this Section 11.A., Tenant shall not be completed promptly in a good workmanlike manner so as entitled to cause the least practical 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 to Tenant’s business and with Tenant’s use of the Premises. In all eventsIf Tenant is not present to open and permit an entry into the Premises, Landlord shall use commercially or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or otherwise, provided reasonable efforts care is exercised to minimize interference with the Premises and safeguard Tenant’s business operations thereonproperty. If Landlord’s Such entry materially and substantially interferes with shall not render Landlord or its agents liable therefor, nor in such event shall the conduct obligations of Tenant’s business and/or cause damage Tenant hereunder be affected. Notwithstanding anything to Tenant’s property (and the entry contrary contained in this Section 11.A., provided Tenant is not needed because in default under the terms and conditions of Tenant’s default, negligence or willful misconduct)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 event the rent seven (7) business day period solely as a result of Landlord’s exercise of such rights (“Interruption”), then, as Tenant’s sole and any sums exclusive remedy, Base Rent due and payable as additional rents, under this Lease shall a▇▇▇▇ in proportion 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 of Landlord has furnished such lender’s address to Tenant. Notwithstanding the interference foregoing, the foregoing rental abatement provision (i) shall not apply to any Interruption which is caused by a casualty, and Landlord (ii) shall be liable for any damage to Tenant’s propertysole 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

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

Access to Premises. Landlord and Landlord, its agents, servants, or employees may ’s agents shall have the right to enter the Premises at reasonable times and in such a manner so as not to unreasonably interfere with reasonable advance notice Tenant’s business to Tenant (examine and inspect the Premises and to show them to prospective lenders, purchasers, or lessees of the Building or Property, and to make such repairs to the Premises as Landlord may deem necessary because of Tenant’s failure to accomplish the same and Landlord shall be allowed to take all material into and upon the Premises that may be required for such purposes without liability in doing so and without the same constituting an authorized employee eviction of Tenant at in whole or in part and the Premises)rent reserved shall not ▇▇▇▇▇ while the repairs are being made by reason of loss or interruption of business of Tenant, and at any time, upon reasonable notice to Tenant under or otherwise. During the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety six (906) days immediately 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 if Tenant declines to renew for an additional term and without incurring any liability in accordance with the provisions of doing so. Nothing in this Lease, however, shall be deemed or construed to prospective tenantsimpose upon Landlord any obligation, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; responsibility or post (on liability whatsoever, for the Developmentcare, but not within maintenance, or at the entrance repair of the Premises) for sale Building or for lease signs; any part of it, except as otherwise specifically 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 give Tenant twenty-four (24) hours prior written notice if Landlord is to minimize interference with enter during nonbusiness hours, except in the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct case of Tenant’s business and/or cause damage to Tenant’s property (and the entry emergencies, where no notice 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyrequired.

Appears in 1 contract

Sources: Commercial Lease Agreement

Access to Premises. Landlord​ ​ A. Landlord and its designees shall have the right, its agentsbut shall not be obligated to, servantsupon forty-eight hours prior notice (which notice may be by telephone), to enter upon the Premises at all reasonable hours (and in emergencies at all times without notice but with notice provided as soon as practicable thereafter): (1) to inspect the same, (2) to make repairs, additions or alterations to the Premises or the building or any property owned or controlled by Landlord as required or permitted hereunder, and (3) for any lawful purpose as permitted hereunder. B. If, at reasonable hours and following prior notice (as provided herein), admission to the Premises for the purpose aforesaid cannot be obtained, or employees if at any time an entry shall be deemed reasonably necessary for the inspection or protection of the property or for making any repairs, whether for the benefit of Tenant or not, Landlord or Landlord’s agents or representatives may enter the Premises at reasonable times with reasonable advance notice by lawful means, Without rendering Landlord or Landlord’s agent or representative liable to Tenant (any claim or an authorized employee cause of Tenant at the Premises)action for damages by reason thereof, and at any time, upon reasonable notice accomplish such purpose. Landlord agrees to Tenant under the circumstances, use commercially reasonably efforts to minimize damage to Tenant’s property and business during such entrance. The provisions contained in this Section 13 are not to be construed as an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements increase of any governmental unit or authority for which Landlord may be responsible Landlord’s obligations under this Lease; it being expressly agreed that the right and authority hereby reserved does not impose nor does Landlord assume by reason thereof, if any; show any responsibility or liability whatsoever for the Premises to prospective lenders repair, care or purchasers andsupervision of the Premises, during or any building, equipment or appurtenance on the ninety Premises. C. For a period commencing six (906) days immediately months prior to the expiration end of this Lease if Tenant declines the term, or any extension thereof, Landlord may upon forty-eight hours prior notice (which notice may be by telephone) have reasonable access to renew the Premises for an additional term in accordance with the provisions purpose of this Lease, exhibiting the same to prospective tenantstenants and to post any “To Lease” signs upon the Premises. ▇. ▇▇ any time during the Term, but only if all Tenant shall have the right to designate area(s) of the Premises as “Secure Areas” for the keeping of proprietary or other confidential information. Landlord may not enter or access any such showings are “Secure Areas” without being 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (Highland Transcend Partners I Corp.)

Access to Premises. LandlordLandlord reserves and shall at all times have the right to enter the Leased Premises at all reasonable times after reasonable prior notice to inspect same, its agentsto supply any service to be provided by Landlord to Tenant hereunder, servantsto show the Leased Premises to prospective purchasers, mortgagees or tenants, and to alter, improve or repair the Leased Premises and any portion of the Buildings, without abatement of Base Rent or Additional Rent, and may for that purpose erect, use and maintain, scaffolding, pipes, conduits and other necessary structures in and through the Leased Premises where reasonably required by the character of the work to be performed, provided that the entrance to the Leased Premises shall not be blocked thereby, and further provided that the business of 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 Leased Premises or any other loss occasioned thereby. 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 Leased Premises, excluding Tenant s vaults and safes, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant special security areas (or an authorized employee of Tenant at the Premisesdesignated in advance), and at Landlord shall have the right to use any time, upon reasonable notice and all means that Landlord may deem necessary or proper to Tenant under the circumstances, open said doors in an emergency, in order to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of obtain entry to any governmental unit or authority for which Landlord may be responsible 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 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 portion of the Leased 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 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement

Access to Premises. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, and, at other reasonable times upon reasonable prior notice, which may be oral, to examine the same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform 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 access to the Premises. Landlord shall use its agentsreasonable commercial efforts in order to minimize any interference with Tenant’s business operations during any access to the Premises, servantsbut this shall not be construed so as to require Landlord to perform any work on an overtime or other premium pay basis. 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, floor or employees ceiling. Landlord may during the progress of any work in the Premises take all necessary materials and equipment into the Premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in 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 times with reasonable advance notice 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 (or is not present to open and permit an authorized employee of Tenant at entry into the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in Premises during an emergency, to do Landlord or Landlord’s agents may enter the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord same whenever such entry may be responsible under this Leasenecessary by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, if any; show such entry shall not render Landlord or its agents liable therefor, nor in any event shall the Premises to prospective lenders or purchasers and, obligations of Tenant hereunder be affected. If 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 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 last month of the Premises) for sale Term Tenant shall have removed all or for lease signs; provided; however, that substantially 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 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 property therefrom, Landlord may immediately enter, alter, renovate or redecorate the 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 or 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, obligations hereunder. Tenant shall ▇▇▇▇▇ in proportion have access to the extent of the interference Premises seven (7) days a week, twenty-four (24) hours per day, subject only to landlord’s security rules and Landlord shall be liable for any damage to Tenant’s propertyregulations.

Appears in 1 contract

Sources: Lease Agreement (Borderfree, Inc.)

Access to Premises. LandlordTenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, its agents, servants, or employees may enter 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 at reasonable times during Regular Hours on Business Days upon reasonable prior notice (except in the case of an emergency or to comply with reasonable advance notice applicable law (which compliance requires immediate access to Tenant (avoid a health or an authorized employee of Tenant at life safety concern or to avoid a penalty or to avoid damage to the PremisesBuilding), and in which events Landlord may access the Premises at any time, upon reasonable notice to Tenant under with or without notice) through the circumstancesPremises for the purposes of operation, in an emergencymaintenance, to do the following: inspect the Premises; comply with all laws, orders, ordinances alteration and requirements repair. The method of installation and location of any governmental unit pipes or authority for which Landlord may wiring to be responsible under this Lease, if any; show installed within 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 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 and benefiting another tenant shall be completed promptly in a good workmanlike manner so as to cause the least practical interference subject to Tenant’s business and Tenant’s use approval, not to be unreasonably withheld, conditioned or delayed. Any piping or conduit shall, to the extent feasible, be installed along the ceiling, existing walls or existing columns. After the installation of the Premises. In all eventsany such pipes or wiring, Landlord shall restore or repair so much of the Premises affected by the installation. Landlord shall, upon any entry into the Premises, use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct operation of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultbusiness, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and provided however that Landlord shall not be liable for any damage obligated to Tenant’s propertyuse overtime labor or incur additional costs in connection with such efforts.

Appears in 1 contract

Sources: Office Lease (PCI Media, Inc.)

Access to Premises. Landlord or Landlord, its agents, servants, or employees may ’s agent shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or any time during an authorized employee of Tenant at the Premises)emergency, and at other reasonable times, to examine the Premises and to make such repairs, replacements and improvements to the Premises or any timeportion of the Building as Landlord may deem necessary and reasonably desirable, or to perform any work or effect any repairs which Tenant is obligated to perform under this Lease upon reasonable notice Tenant’s failure to so perform, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Notwithstanding the foregoing, entry is conditioned upon Landlord (i) giving Tenant under the circumstancesat least twenty-four (24) hours advance notice, except in an emergency, ; (ii) using commercially reasonable efforts to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of promptly finish any governmental unit or authority work for which Landlord may be responsible under this Lease, if anyit entered; show the Premises to prospective lenders or purchasers and, during the ninety (90iii) 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use using commercially reasonable efforts to 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 business; and (iv) complying with reasonable security requirements of Tenant. Upon at least three (3) business days’ prior notice Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the entry Premises above ceiling, below floor and behind walls and to erect new pipes and conduits therein. Landlord may, during the progress of any work in the Premises., take all necessary materials and equipment into the Premises without the same constituting an eviction. Except as provided in Section 12(f), Tenant shall not be entitled to any abatement of rent while such work is in progress or to any damages by reason of loss or interruption of business because of this work. Landlord shall make a reasonable effort to complete the work expeditiously and promptly repair and replace any damage caused and minimize interference with Tenant’s business. Upon prior notice to Tenant through the term hereof Landlord shall have the right to enter the Premises at reasonable hours for the purpose of showing the Premises to prospective purchasers or mortgagees of the Building, and during the last six months of the term for the purpose of showing the Premises to prospective tenants. During the last six months of the term, Landlord may place upon the Building or adjacent land the usual “To Let” and “For Sale” notices, which Tenant shall permit to remain thereon without molestation. If Tenant is not needed because of Tenantpresent to open and permit an entry into the Premises, Landlord or Landlord’s default, negligence or willful misconduct), then in agents may enter the same whenever such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion entry may be necessary to the extent of the interference and Landlord shall be liable for any damage to safeguard Tenant’s property. Such entry shall not render Landlord or its agents liable therefor, nor shall the obligations of Tenant hereunder be affected. If an excavation shall be made upon land adjacent to the Premises, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as said person shall deem necessary to preserve the walls or any other part of the Building from injury or damage, and to support same by proper foundations without any claim for damages or indemnity against Landlord, or diminution or abatement of rent, except as provided herein.

Appears in 1 contract

Sources: Lease Agreement (Opinion Research Corp)

Access to Premises. Landlord12.1 During normal business hours, its agentsand upon not less than twenty-four (24) hours’ advance notice to Tenant, servantsLandlord shall have the right to access to the Premises for the purpose of examining the Premises or making any alterations, repairs or improvements thereto which Landlord may deem necessary for their safety or preservation, or employees may for the purpose of examining or making any alterations, repairs or improvements to items passing over, under, along or through the Premises. Notwithstanding the foregoing, Landlord shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (or in an authorized employee of Tenant at the Premises), and emergency at any time, . No action taken by Landlord in or upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders in connection with the foregoing shall constitute an eviction of Tenant in whole or purchasers andin part, during and the ninety (90) days immediately prior to the expiration of rent reserved by this Lease if Tenant declines to renew for an additional term in accordance with shall not ▇▇▇▇▇ while any such repairs, alterations or improvements are being made, notwithstanding any loss or interruption of the provisions business 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 Developmentprovided, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that Landlord and Landlord’s agents and contractors shall, at all such entries shall be completed promptly in a good workmanlike manner so as times, use reasonable efforts to cause the least practical minimize any interference to Tenant’s business and with or disturbance of Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 Subject to Tenant’s property option to extend the Term hereof, during the last six (6) months of the Term, Landlord and Landlord’s agents and invitees may enter the entry Premises at any reasonable time after twenty- four (24) hours’ notice to Tenant for the purpose of exhibiting the Premises to prospective tenants. 12.2 Tenant also acknowledges that the Premises are subject to an Ohio Environmental Protection Agency Director’s Final Findings and Orders dated April 7, 2008 (“Ohio EPA Order”) (a copy of which is not needed because of Tenant’s defaultattached as Exhibit “D”) and a Limited Site Access and Indemnification Agreement (the “Site Access Agreement”) dated September 5, negligence or willful misconduct)2007, then in such event the rent between Edgetech I. G. Inc. and any sums due and payable as additional rents, shall ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, a copy of which is set forth in proportion Exhibit “E” attached hereto. Tenant agrees that it shall not interfere with any party’s access to the extent or compliance obligations as set forth in or performed in compliance with or furtherance of the interference and Landlord shall Site Access Agreement or Ohio EPA Order. Tenant further acknowledges that the Premises may be liable for any damage subject to Tenant’s propertyadditional environmental covenants, restrictions and/or requirements as may be determined by Federal, State and/or local governmental agencies.

Appears in 1 contract

Sources: Lease (Quanex Building Products CORP)

Access to Premises. LandlordSubject to the terms of Section 8 with respect to repairs and Section 14 with respect to services, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice Tenant shall permit Landlord to Tenant (or an authorized employee of Tenant at the Premises), use and at any time, upon reasonable notice to Tenant under the circumstances, maintain pipes and conduits in an emergency, to do the following: inspect and through the Premises; comply provided, such pipes and conduits are concealed above the ceiling, beneath the floor or behind the demising walls, and do not interfere with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts have the right to minimize interference with enter the Premises at reasonable hours upon at least twenty-four (24) hours advance written notice (except in the case of emergency) and Tenant’s business operations thereon. If Landlord’s entry materially in the accompaniment of a representative of Tenant to examine the same and substantially interferes with to make such repairs required of Landlord hereunder and Landlord shall be allowed to take all material into and upon the conduct Premises that may be required therefor without the same constituting an eviction of Tenant’s business and/or cause damage to Tenant’s property (and the Tenant in whole or in part; provided, any such entry is not needed because strictly of Tenant’s defaulta temporary nature. In the event any such entry by Landlord renders the Premises unusable for more than two (2) consecutive days, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, Rent shall ▇▇▇▇▇ in proportion from and after said second day for so long as said entry renders the Premises unusable. Landlord is expressly granted permission to show the extent 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 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 liable responsible for any damage to persons or property within the Premises caused by such entry by Landlord. If Tenant shall not be personally present to open and permit an entry into the Premises when for emergency reasons an entry therein shall be necessary, Landlord may enter the same by a master key, or may 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

Sources: Lease Agreement (Autodesk Inc)

Access to Premises. LandlordLandlord and its authorized representatives may, its agentsduring Tenant's normal business hours: (i) inspect the Premises (except for network control rooms and any restricted areas), servants(ii) exhibit the Premises (except for network control rooms and any restricted areas) to current and prospective tenants (during the last one hundred eighty (180) days of the Term only), purchasers, Lenders, insurers, governmental authorities, and brokers, (iii) place in and upon the Premises or such other places as may be determined by Landlord "For Rent" signs or notices if Tenant shall abandon or vacate the Premises, or employees may at any time during the last one hundred eighty (180) days of the Term, and (iv) enter or permit entry to the Premises in emergencies or for any other reasonable purpose, or for the purpose of exercising any other rights or remedies expressly granted or reserved to Landlord under this Lease or applicable Law. However, in connection with entering the Premises to exercise any of the foregoing rights, Landlord shall take reasonable steps to minimize any interference with Tenant's business, and following completion of the work, shall return Tenant's leasehold improvements, fixtures, property and equipment to the original locations and condition to the fullest extent reasonably possible. Landlord shall give Tenant at least twenty-four (24) hours notice (except in the case of an emergency when no such notice shall be required) prior to entering the Premises pursuant to this Article 17. Tenant shall be entitled to provide Landlord with an escort to accompany Landlord or its representatives when Landlord or its representatives enter the Premises at reasonable times with reasonable advance notice pursuant to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyArticle 17.

Appears in 1 contract

Sources: Industrial/Warehouse Lease (Sharps Compliance Corp)

Access to Premises. LandlordTenant shall: (a) permit Landlord to erect, its agentsuse and maintain pipes, servantsducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or employees may adversely affect (other than in a de minimis manner) the appearance thereof; (b) upon reasonable prior oral or emailed notice (except that only such notice, if any, as is reasonably practical 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 ground or underlying lease, and their representatives, to have 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 reasonable advance notice all Legal Requirements or of exercising any right reserved to Tenant Landlord by this Lease (including the right during the progress of any such repairs, replacements or an authorized employee 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 (c) permit Landlord upon reasonble prior oral or emailed notice, to show the Premises during ordinary business hours to any existing or prospective mortgagee, ground lessor, space lessee, purchaser, or assignee of Tenant at any mortgage, of the Premises)Building or of the Building and the land or of the interest of Landlord therein, and at any timeduring the period of twelve (12) months next preceding the Expiration Date, upon reasonable prior oral or emailed notice of at least twenty-four (24) hours (or such shorter notice if Tenant has consented) to Tenant under any person contemplating the circumstances, leasing of the Premises or any part thereof. Except in the event of an emergency, Tenant shall have the right to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible 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 prospective tenants, but only if all such showings are accompanied by have a representative of Tenant if so requested by Tenant; or post (accompany Landlord on any such entry into the Development, but not within or at the entrance laboratory portions of the Premises provided that Landlord’s entry is not delayed as a result thereof. If, during the last month of the Term, Tenant shall have removed all or substantially all of Tenant’s property therefrom, Landlord may enter and alter, renovate and redecorate the Premises) , without elimination or abatement of rent, or incurring liability to Tenant for sale or 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 lease signs; provided; however, that all such entries any reason an entry therein shall be completed promptly necessary or permissible, Landlord or Landlord’s agents may (i) enter the same by a master key, or (ii) in a good workmanlike manner so as circumstances which can reasonably be considered to cause be an emergency and provided that there is no other reasonable means of timely entry into the least practical interference Premises, 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 business property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Landlord shall incur no additional expense thereby, 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. In all events, Landlord If an excavation shall use commercially reasonable efforts be made upon land adjacent to 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 or shall be authorized to Tenant’s property (and the entry is not needed because of Tenant’s defaultbe made, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, Tenant shall ▇▇▇▇▇ in proportion afford to the extent person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as said person shall deem necessary to preserve the interference Building from injury or damage and Landlord shall be liable to support the same by proper foundations without any claims for any damage to Tenant’s propertydamages or indemnity against Landlord, or diminution or abatement of rent.

Appears in 1 contract

Sources: Lease (Gritstone Bio, Inc.)

Access to Premises. LandlordLandlord shall have the right to enter the Demised Premises during normal business hours to inspect or to exhibit the same to prospective purchasers, its agentsmortgagees, servantsTenants and tenants and to make such repairs, additions, alterations or employees Improvements Landlord may deem reasonably necessary. Landlord shall be allowed to take all material into and upon said Demised Premises that may be required theretofore without the same constituting an eviction of Tenant in whole or in part, and the rents reserved shall not ab▇▇▇ ▇hile said work is in progress by reason of loss or interruption of Tenant's business or otherwise; Tenant shall have no claim for damages. If Tenant shall not be personally present to permit an entry into said premises when for any reason an entry therein shall be permissible, Landlord may enter the Premises at reasonable times with reasonable advance notice to Tenant (same by a master key or an authorized employee by the use of Tenant at force without rendering Landlord liable therefor and without in any manner affecting the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements obligations of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show . The provisions of this paragraph shall not be construed to impose upon Landlord any obligation whatsoever for the Premises to prospective lenders maintenance or purchasers and, during repair of the ninety building or any part thereof. During the six (906) days immediately months prior to the expiration of this Lease if or any renewal term, Landlord may place upon the Demised Premises signs indicating that -- the Demised Premises are available for rent or sale, which Tenant declines shall permit to renew remain thereon, except as otherwise provided 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (International Airline Support Group Inc)

Access to Premises. (A) Tenant shall permit Landlord and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises provided that the same shall not reduce the usable area of the Premises beyond a de minimis amount nor adversely affect any Tenant installations in the Premises. Landlord or Landlord, its agents, servants, or employees may ’s agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency, in which case Landlord shall use reasonable advance efforts to provide such notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant as is possible under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for ) not less than 48 hours prior notice (which Landlord may be responsible under this Leaseoral), if any; show the Premises to prospective lenders or purchasers andaccompanied by a representative of Tenant, during the ninety (90) days immediately prior and subject to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the other applicable provisions of this Lease, to examine the same, to show the same to prospective tenantspurchasers, Mortgagees or lessees (but, in the case of prospective tenants of the Building, only during the last eighteen (18) months of the Term of this Lease) of the Building, or to make such repairs, alterations, improvements or additions (i) as may be required in connection with Landlord’s Post-Delivery Work, (ii) as Landlord may reasonably deem necessary to the Premises or to any other portion of the Building, or (iii) which Landlord may elect to perform after ten (10) days’ notice (except in an emergency when no notice shall be required, 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, which case Landlord shall use commercially reasonable efforts to minimize interference provide such notice as is possible under the circumstances) following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iv) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with that may be required therefor (provided all such material shall be removed at the conduct end of Tenant’s business and/or cause damage to Tenant’s property each day or placed in mechanical rooms or closets) without the same constituting an eviction or constructive eviction of Tenant in whole or in part and, except as expressly provided in this Lease, the Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no respect ▇▇▇▇▇ in proportion or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall at its sole cost and expense promptly repair any damage caused to the extent Premises by such work, alterations, improvements or additions. (B) Any work performed or installations made pursuant to this Article 16 shall be made with reasonable diligence and otherwise pursuant to Section 7.3, including the provisions thereof relating to minimizing interference with Tenant’s business and the use of overtime labor. Section 16.2. If Tenant is not present when for any reason entry into the Premises may be necessary or permissible, Landlord or Landlord’s agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents accord reasonable care to Tenant’s Property), and without in any manner affecting this Lease. Section 16.3. Landlord also shall have the right at any time at its sole cost and expense, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways but not access to that portion of the interference Premises located on the ground floor), doors and doorways, and corridors, elevators (but not the Exclusive Elevators or the elevator to the Terrace, if any), stairs, toilets or other public parts of the Building, provided any such change does not interfere with, or deprive Tenant of access to, the Building or the Premises substantially equivalent to its access as of the date hereof and does not affect the use of the Premises or first-class nature of the Building; to put so-called “solar film” or other energy-saving installations on the inside and outside of the windows; and to change the name, number or designation by which the Building is commonly known. 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 be liable have the use thereof, as well as access thereto through the Premises for any damage the purposes of inspection, operation, maintenance, alteration and repair, subject in all cases to Tenant’s propertythe terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Squarespace, Inc.)

Access to Premises. LandlordA. The Department, its agents, servants, or employees may enter shall have the right and privilege of ingress and egress on, over and across the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises)access State-owned property for inspection, maintenance, development, and at any time, operation. Any authorized representative of the Department shall have the right to enter upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: and inspect the Premises; comply with all laws, ordersimprovements, ordinances and requirements of any governmental unit or authority for which Landlord the operations thereof and to take such action thereon as the Department may be responsible under this Lease, if any; show the Premises deem necessary to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if assure compliance by Tenant declines to renew for an additional term in accordance with the provisions terms and conditions of this Lease. B. The Department shall exercise its right under subparagraph A, to prospective tenantsabove, but only if all in 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 least practical interference to Tenant’s business avoid and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to 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 crops or unreasonably interfere with Tenant’s activities. C. Tenant shall maintain at all times eight (8) foot wide perimeters that are uncultivated and free of obstructions around all fields on the Premises (e.g., Agriculture Production Purposes) to enable the Department to access the Premises. D. Tenant shall not plant any trees and/or crops within twenty (20) feet of any building, structure, or ingress/egress point to the Premises. E. The Department may erect new gates to the access area of the Premises. Any new gate shall be installed in a manner that does not limit or restrict access to the Premises for farm equipment. The Department shall provide Tenant with the means to unlock the gate. F. Tenant shall not alter access to Department-owned property. Tenant shall not lock any access gates that are typically unlocked or unlock gates that are typically locked without the prior written approval of the Department . If Tenant is not sure whether a gate is typically locked or unlocked, Tenant shall contact the Department prior to locking or unlocking any gates. If a gate is locked by the Department or Tenant, both shall have a means to unlock the gate. Tenant shall not install any gates altering access to the Premises unless approved in advance and in writing by the Department. G. The Department shall ensure that Tenant has access to the Premises. Tenant shall notify the Department immediately if access has been impaired. If restoring access requires a physical change to the Premises, the Department shall either repair the impaired access or authorize Tenant to make the repair. If Tenant is authorized to make the repair, the repair shall be treated as an Improvement pursuant to Paragraph 9 (“IMPROVEMENTS”), and Tenant shall be required to obtain the Department’s written approval of an Improvement Plan and the entry is not needed because of Tenant’s defaultassociated cost prior to beginning any work. If the Department approves the Improvement Plan and the cost, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to Department can indicate that Tenant may deduct the extent cost of the interference and Landlord shall be liable for any damage to Tenant’s propertyrepair from the next Rent payment.

Appears in 1 contract

Sources: Lease Agreement

Access to Premises. Landlord or Landlord, its agents, servants, or employees may '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 with reasonable advance and upon one (1) day prior notice to Tenant (oral or an authorized employee of Tenant at the Premiseswritten), to examine the same and at to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to any time, upon reasonable notice to Tenant under portion of the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Demised Premises after Tenant's failure beyond applicable grace, notice, and cure periods to make repairs or perform any work which Tenant is obligated to perform under this Leaselease, 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 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; howeverthe purpose of complying with laws, 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 regulations and Tenant’s use other directions of the Premisesgovernmental authorities. In all events, Landlord shall use commercially perform any work using all reasonable efforts to minimize interference and interruption with the Premises Tenant's occupancy and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s its business and/or cause damage in the Demised Premises. Tenant shall permit Landlord to Tenant’s property use and maintain and replace pipes and conduits in and through the Demised Premises and to erect new pipes and conduits therein provided that when practicable or not mandated by applicable legal requirements, such pipes and conduits are concealed behind existing walls or above existing ceilings. Landlord may, during the progress of any work in the Demised Premises, take all necessary materials and equipment into the Demised Premises without the same constituting an actual or constructive eviction nor shall the Tenant be entitled to any abatement of rent while such work is in 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 one (1) day prior notice to Tenant (written or oral) for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the entry last twelve (12) months of the term for the purpose of showing the same to prospective tenants and may, during said twelve (12) 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 needed because 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. If during the last month of the term Tenant shall have removed all or substantially all of Tenant’s default's property therefrom, negligence Landlord may immediately enter, alter, renovate or willful misconduct)redecorate the Demised Premises without limitation or abatement of rent, then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion or incurring liability to the extent of the interference and Landlord shall be liable Tenant for any damage to compensation and such act shall have no effect on this lease or Tenant’s property's obligations hereunder.

Appears in 1 contract

Sources: Office Lease (Access Integrated Technologies Inc)

Access to Premises. A. Landlord, its contractors, agents, servantsemployees, or employees may designees, shall have the right of ingress and egress on, over, and across the Premises at any time for access to and the maintenance, development, operation, and security of adjacent or other State-owned property. B. Landlord, its contractors, agents, employees, and designees shall also have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (and any building or an authorized employee of Tenant at the Premises), and structure thereon at any time, upon reasonable notice time for the purpose of: (i) consulting Tenant; (ii) inspecting the Premises and Improvements to evaluate ▇▇▇▇▇▇'s operation thereof and to take such action as Landlord deems appropriate to assure compliance by Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show ; (iii) taking such action as Landlord determines necessary to assure ▇▇▇▇▇▇'s compliance with this Lease; (iv) conducting any underground hydrological or other environmental testing program and/or investigating and remediating any contamination; (v) entering the Premises for any purpose related to prospective lenders or purchasers and, during management of the ninety (90) days immediately prior to Premises as part of the expiration State Park after notice of termination of this Lease if Tenant declines is given; and (vi) correcting any condition resulting from ▇▇▇▇▇▇'s failure or omission to renew for an additional term comply with this Lease or making such repairs or improvements as necessary to assure ▇▇▇▇▇▇'s compliance with this Lease. C. Landlord shall, 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 nature and extent of the Premises) for sale or for lease signs; provided; howeveractivities to be undertaken as part of its access, that all such entries shall be completed promptly exercise its rights in a good workmanlike manner so as intended to cause the least practical interference avoid or minimize damage to Tenant’s business 's property and Tenant’s use crops and to avoid unreasonable interference with ▇▇▇▇▇▇'s activities and, except for emergency circumstances, Landlord shall endeavor to provide at least forty-eight (48) hours’ notice to Tenant prior to entering upon the Premises. D. Tenant shall not plant any trees and/or crops within twenty (20) feet of any building, structure, or ingress/egress point to the Premises. E. Landlord may erect new gates to the access area of the Premises. In all eventsAny new gate shall be installed in a manner that does not limit or restrict access to the Premises for farm equipment. Landlord shall provide Tenant with the means to unlock the gate. F. Tenant shall not alter access to the State Park. Tenant shall not lock State Park access gates that are typically unlocked or unlock gates that are typically locked without the prior written approval of Landlord. If Tenant is not sure whether a gate is typically locked or unlocked, Tenant shall contact Landlord prior to locking or unlocking any gates. If a gate is locked by Landlord or Tenant, both shall have a means to unlock the gate. G. Landlord shall ensure that Tenant has access to the Premises. Tenant shall notify Landlord immediately if access has been impaired. If restoring access requires a physical change to the Premises, Landlord shall use commercially reasonable efforts either repair the impaired access or authorize Tenant to minimize interference with make the Premises and Tenant’s business operations thereonrepair. If Tenant is authorized to make the repair, the repair shall be treated as an Improvement pursuant to Paragraph 9, and Tenant shall be required to obtain Landlord’s entry materially and substantially interferes with the conduct written approval of Tenant’s business and/or cause damage to Tenant’s property (an Improvement Plan and the entry is not needed because of Tenant’s defaultassociated cost prior to beginning any work. If Landlord approves the Improvement Plan and the cost, negligence or willful misconduct), then in such event Tenant may deduct the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent cost of the interference and Landlord shall be liable for any damage to Tenant’s propertyrepair from its next Rent payment.

Appears in 1 contract

Sources: Farm Lease

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at 16.01 Upon reasonable times with reasonable advance prior written notice to Tenant (or except in the event of an authorized employee of Tenant at the Premises)emergency, and then at any time), upon reasonable notice Tenant will permit Landlord and its agents access to Tenant under the circumstances, in an emergency, to do Premises during all normal business hours for the following: inspect purpose of examining the Premises; comply with all laws, ordersmaintaining existing pipes and conduits in and through the Premises and making any repairs, ordinances and requirements of any governmental unit alterations or authority for additions which Landlord may be responsible under this Leasedeem necessary for the safety, if any; show preservation or improvement of the Premises or the Building. Landlord will be allowed to prospective lenders or purchasers and, during take all material into the ninety (90) days immediately prior Premises that may be reasonably required for such work and to perform such acts without the expiration of this Lease if Tenant declines to renew for same constituting 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 eviction of Tenant if so requested by Tenant; in whole or post (on the Developmentin part, 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, provided Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not unreasonably interfere with the conduct of Tenant’s 's business. The rent will not abate while the repairs, alterations, improvements or addition▇ ▇▇▇ being made unless any such repairs (i) extend over a period of more than three (3) consecutive business and/or cause damage 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 property 's business in a commercially reasonable manner. Said rent abatement shall be for that period beyond three (and 3) consecutive business days during which Tenant is precluded from using the entry is not needed because applicable portion of the Premises for Tenant’s default's business in a commercially reasonable manner as a result of any repairs, negligence alterations, improvements or willful misconduct)additions being made by Landlord. Notwithstanding anything contained herein to the contrary, then in such no event shall rent abate if repairs or replacements to the rent and Premises or any sums due and payable as additional rents, shall other ▇▇▇▇▇ in proportion to the extent ▇on of the interference and Landlord shall be liable for any damage to Building are necessitated by Tenant’s property's negligence or breach of this Lease.

Appears in 1 contract

Sources: Contribution Agreement (Experience Management LLC)

Access to Premises. (A) Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises. Landlord or employees may Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency) reasonable advance prior notice, which notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencymay be oral, to do examine the following: inspect same, to show the Premises; comply with all lawssame to prospective purchasers, ordersMortgagees or lessees of the Building or space therein, ordinances and requirements or to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of any governmental unit the Building, or authority for (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be responsible required) following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders or purchasers and, during (but may not store the ninety same in the Premises for more than forty-eight (9048) 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 hours at times when Landlord is not performing work within or at the entrance of the Premises) for sale that may be required therefor without the same constituting an eviction or for lease signs; provided; however, that all such entries shall be completed promptly constructive eviction of Tenant in a good workmanlike manner so as to cause whole or in part and 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 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 Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no respect ▇▇▇▇▇ in proportion or be reduced by reason of said repairs, alterations, improvements or 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 extent Premises by such work, alterations, improvements or additions. In performing Landlord’s obligations hereunder, Landlord shall not unreasonably interfere with ▇▇▇▇▇▇’s use and enjoyment of the interference Premises and shall, if requested by ▇▇▇▇▇▇ and at Tenant’s cost and expense, perform work outside of ordinary operating hours of Tenant. (B) Any work performed or installations made pursuant to this Article 16 shall be made with reasonable diligence and otherwise pursuant to Section 7.3. (C) Any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 16 shall, if reasonably practicable, either be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises, or completely furred at points immediately adjacent to partitioning, columns or ceilings located or to be located in the Premises. Section 16.2. If Tenant is not present when for any reason entry into the Premises may be necessary or permissible, Landlord or Landlord’s agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents accord reasonable care to Tenant’s Property), and without in any manner affecting this Lease. Section 16.3. 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 or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building, provided any such change does not unreasonably interfere with, or deprive Tenant of access to, the Building or the Premises; to put so-called “solar film” or other energy-saving installations on the inside and outside of the windows; and to change the name, number or designation by which the Building is commonly known. 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 be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of inspection, operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Magnite, Inc.)

Access to Premises. LandlordLandlord shall have the right to place, maintain and repair all utility equipment of any kind in, upon and under the Demised Premises as may be necessary for the servicing of the Demised Premises and other portions of the Center. Landlord shall have the right to enter the Demised Premises at all times to Inspect or to exhibit the same to prospective purchasers, mortgagees, tenants and tenants and to make such repairs, additions, alterations or improvements as Landlord may deem desirable. However, Landlord will use its agentsreasonable efforts to provide advance notice if practicable under the circumstances of an inspection or an exhibit of the leased premises. Landlord shall be allowed to take all material in. to and upon said premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part and the rents reserved shall in no wise ▇▇▇▇▇ while said work is in progress by reason of loss or interruption of Tenant's business or otherwise and Tenant shall have no claim for damages. If Tenant shall not be personally present to permit an entry into said premises when for any reason an entry therein shall be permissible, servants, or employees Landlord may enter the Premises at reasonable times with reasonable advance notice to Tenant (same by a master key or an authorized employee by the use of Tenant at force without rendering Landlord liable therefor and without in any manner affecting the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements obligations of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show . The provisions of this paragraph shall in no wise be construed to impose upon Landlord any obligation whatsoever for the Premises to prospective lenders maintenance or purchasers and, during repair of the ninety building or any pert thereof except as otherwise here specifically provided. During the three (903) days immediately months 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 least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsany renewal term, Landlord may place upon the said premises "To Let" or "For Sale" signs which Tenant shall use commercially reasonable efforts permit to minimize interference with the Premises and Tenant’s business operations remain 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 ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (Rose Group of Nevada)