Alteration of Building; Landlord’s Reserved Right Sample Clauses

Alteration of Building; Landlord’s Reserved Right. Landlord reserves the right, at any time and from time to time to make alterations, additions, repairs or improvements to or in or decrease the size or area of all or any part of the Building (except for the Premises) and the Land, including without limitation, the Building Systems and exterior and roof of the Building; provided, (a) Landlord agrees to use its commercially reasonable efforts to minimize any interference with Tenant’s business operations in connection with such alterations, additions, repairs or improvements (it being understood and agreed that Tenant shall have the right to request that non-emergency work be conducted after Tenant’s business hours or on the weekend, provided that Tenant shall, at Tenant’s sole cost, be responsible for any overtime or after hours costs incurred to accommodate Tenant’s schedule, in addition to any other costs of such work that are included in Excess Expenses, provided further that if such overtime or after hours costs are incurred for capital costs or improvements, such costs shall be amortized as provided in Section 6.2(ix)); and (b) Tenant shall be entitled to partially abate Base Rent due hereunder in the amount by which Tenant’s Base Rent exceeds Landlord’s rent owed as tenant under the Master Lease during any period of interference in which Tenant is unable to use (and actually does not use) the Premises or portion of the Premise as a result of such interference (it being understood and agreed that if only a portion of the Premises is rendered unusable, the Base Rent abatement hereunder shall be calculated based on the percentage that the unusable portion of the Premises is of the entire Premises). Landlord shall provide reasonable prior notice (by email or telephone) to Tenant of any proposed entry by Landlord into the Premises in the exercise of Landlord’s rights pursuant to this Section 28.17 (except that no notice shall be required in the event of an emergency). This Lease does not grant any rights to light or air over or about the Building. Landlord reserves exclusively to itself the use of: (i) the roof (subject to Tenant’s rights pursuant to Section 33); and (ii) the Land (subject to Tenant’s rights pursuant to Section 31). Landlord also has the right to make such other changes to the Building as Landlord deems appropriate, provided the changes do not materially affect Tenant’s ability to use the Premises. Landlord shall also have the right (but not the obligation) to temporarily close the Buildi...

Related to Alteration of Building; Landlord’s Reserved Right

Miscellaneous a. A Person is deemed to be a holder of Registrable Securities whenever such Person owns or is deemed to own of record such Registrable Securities. If the Company receives conflicting instructions, notices or elections from two or more Persons with respect to the same Registrable Securities, the Company shall act upon the basis of instructions, notice or election received from the registered owner of such Registrable Securities.
Termination This Agreement may be terminated at any time prior to the Closing:
Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage at least equal to the aggregate Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:
WHEREAS highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).
Definitions As used in this Agreement, the following terms shall have the following meanings:
NOW, THEREFORE the parties hereto agree as follows: