Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 4 contracts

Samples: Office Lease (BrightSource Energy Inc), Office Lease (CrowdStrike Holdings, Inc.), Office Lease (Docusign Inc)

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ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipmentequipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided hereinherein and in compliance with Applicable Laws; and (CB) perform any covenants of Tenant which Tenant fails fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.. ARTICLE28

Appears in 4 contracts

Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)

ENTRY BY LANDLORD. That it shall be lawful for the Landlord reserves the right and its agent(s) at all reasonable times during the Term, and upon reasonable notice to Tenant (except in the case of an emergency) notice, to enter the Leased Premises to (iinspect the condition thereof. Where an inspection reveals that repairs or replacements are necessary, the Landlord shall give to the Tenant notice in writing, and immediately thereafter the Tenant will forthwith proceed to make all necessary repairs or replacements in a good and workmanlike manner and to the satisfaction of the Landlord, so as to complete same within a commercially reasonable time taking into consideration the nature of the repair required. The failure by the Landlord to give notice shall not relieve the Tenant from any of its obligations to repair or replace in accordance with the provisions hereof. Provided further, that if the Tenant refuses or neglects to repair promptly and to the reasonable satisfaction of the Landlord as required pursuant to the provisions of Paragraph 8(f) inspect them; (ii) show hereof or in accordance with any notice received from the Premises Landlord pursuant to prospective purchasersthe provisions of this Paragraph 8(g), the Landlord may, but shall not be obligated to, make such repairs or replacements without liability to the Tenant for any loss or damage which may occur to the Tenant’s property or to current or prospective mortgageesthe Tenant’s business by reason thereof and upon completion, ground or underlying lessors or insurers or, during the last twelve (12) months of Tenant shall forthwith pay upon demand the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or Landlord’s cost for structural alterations, making any such repairs or improvements replacements plus a sum equal to fifteen percent (15%) thereof for overhead, as additional rent. The Tenant agrees that the Building making of any repairs or replacement by the Building’s systems and equipment. Notwithstanding anything Landlord pursuant to the contrary this Paragraph 8(g) is not a re-entry or a breach of any covenant for quiet enjoyment contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 3 contracts

Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 3 contracts

Samples: Office Lease (Viking Therapeutics, Inc.), Office Lease (Retrophin, Inc.), Office Lease (Acadia Pharmaceuticals Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment; provided, however, Tenant may elect to have a representative accompany Landlord during any such entry; provided further, however, Landlord shall not be required to delay any such entry due to the unavailability of a Tenant representative. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform regularly scheduled services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (w) taking possession of the Premises due to any breach of this Lease, (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Except as otherwise set forth in Section 3.2, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

ENTRY BY LANDLORD. Landlord reserves and shall have the right to enter the Leased Premises, to inspect the same with at all reasonable times and upon reasonable least forty-eight (48) hours of notice to Tenant (except in the case of an emergency) ), to enter supply janitorial service and other services to be provided by Landlord to Tenant hereunder, to submit the Premises to (i) inspect them; (ii) show the Leased Premises to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during tenants within the last twelve six (126) months of the Lease Term or Extension Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) non-responsibility, and to alter, improve or repair the Leased Premises or the Building, or for structural alterations, repairs or improvements to and any portion of the Building or of which the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27Leased Premises are a part, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Annual Basic Rent or Additional Rent, except as otherwise provided in this Lease, and may take such reasonable steps as for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to accomplish be performed, always providing that access into the stated purposesLeased Premises shall not be blocked thereby, and further providing that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Leased Premises or any other loss occasioned thereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in in, upon or about the Leased Premises, excluding Tenant’s vaultsvaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all reasonable means that which Landlord may deem proper to open the such doors in and an emergency in order to obtain entry to the Leased Premises. Any , and any entry into to the Leased Premises obtained by Landlord in the manner hereinbefore described by any such means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, Leased Premises or an actual or constructive eviction of Tenant from all or any portion of the Leased Premises. No provision of Nothing in this Lease Article 15 shall be construed as obligating Landlord to perform any repairs, alterations or decorations maintenance except as otherwise expressly agreed to be performed by Landlord hereinrequired elsewhere in this Lease.

Appears in 2 contracts

Samples: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)

ENTRY BY LANDLORD. Landlord reserves may enter the right Premises to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the Building. Except in emergencies or to provide Building services, Landlord shall provide Tenant with at least twenty-four (24) hours’ prior written notice of entry (which may be by email). In connection with any such entry for nonemergency work performed during Building Service Hours, Landlord shall use reasonable efforts, consistent with the operation of a first-class office, lab and R&D building, not to unreasonably interfere with Tenant’s use of the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. Landlord shall not close the Premises during Building Service Hours if the work can reasonably be performed on weekends and/or after Building Service Hours. Any such entry by Landlord shall not otherwise constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, in the event that the Premises is closed or access thereto is completely denied in connection with any such repairs, alterations or additions and not due to Force Majeure, and such prohibited access continues for more than one (1) day, then commencing on the second day of such prohibited access, Rent shall xxxxx for each day that Tenant is prevented from having any access to the Premises due to such work and not due to Force Majeure (it being acknowledged and agreed that there shall be no abatement of Rent so long as Tenant has minimum access to the Premises nor shall there be any abatement of Rent in connection with any Force Majeure). Tenant shall at all reasonable times and upon reasonable notice to Tenant (times, except in the case of an emergency) emergencies, have the right to enter escort Landlord or its agents, representatives, contractors or guests while the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors same are in the Premises, excluding provided that Tenant makes such representative available when such access is reasonably agreed and provided that such escort does not materially and adversely affect Landlord’s access rights hereunder. Landlord shall use reasonable efforts to comply with Tenant’s vaultsreasonable security, safes confidentiality and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right safety requirements with respect to use any means that Landlord may deem proper to open the doors in and to entering restricted portions of the Premises. Any ; provided, however, that Tenant has notified Landlord of such security, confidentiality and safety requirements reasonably prior to Landlord’s entry into the Premises and provided further that in no event shall Tenant bar or prohibit access by Landlord in and its employees, agents and contractors for the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion performance of the Premises. No provision obligations of Landlord or the exercise of the rights of Landlord under this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinLease.

Appears in 2 contracts

Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, and its duly authorized representatives, shall, upon reasonable prior notice to Tenant (except in the case of an emergency) emergency or for normal cleaning and maintenance operations), have the right to enter the Premises at all reasonable times (except at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (i) inspect them; (ii) but Landlord shall have no duty whatsoever to make any such inspections, repairs, alterations, additions or improvements except as otherwise provided in Sections 4.1, 7.1 and 7. 2 and Exhibit B), and to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last twelve (12) months preceding expiration of the term of this Lease Term, as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alterpurchasers and mortgagees. In addition, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27upon reasonable prior written notice, Landlord may and its agents may, at Landlord’s sole cost and expense, enter the Premises to perform environmental audits, environmental site investigations and environmental site assessments (“Site Assessments”) in, on, under and at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and it being understood that Landlord shall repair any other loss occasioned thereby. For each damage arising as a result of the above purposesSite Assessments, and such Site Assessments. In connection with the exercise of the foregoing rights of access, Landlord shall at all times have permit a key representative or agent of Tenant to accompany Landlord in connection with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any such entry into the Premises by Landlord Premises; provided, however, in the manner hereinbefore described shall not be deemed to be case of emergency Landlord will notify Tenant of the need for such access so that a forcible representative or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction agent of Tenant from any portion may accompany Landlord if such representative or agent of Tenant is available within a reasonable time frame taking into account the circumstances and context of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinemergency situation.

Appears in 2 contracts

Samples: Agreement (Decibel Therapeutics, Inc.), Agreement (Decibel Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment; provided, however, except in the event of an emergency, Tenant shall have the option upon at least twelve (12) hours prior notice to Landlord to require Landlord’s entry be delayed by up to seventy-two (72) hours if Tenant deems such delay to be reasonably necessary to avoid disruption of Tenant’s business operations from within the Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies , (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant’s rights under the terms of Section 6.7 shall apply to Landlord’s entry under the terms of this Article 27 (other than an entry pursuant to the terms of item (B) above), and otherwise (except to the extent of Landlord’s express indemnification obligations under this Lease) Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

ENTRY BY LANDLORD. Landlord reserves and its agents or representatives shall have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) the same, or to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants (during the last twelve (12) months of the Lease Term, to prospective tenants; (iiiTerm or earlier in connection with a potential relocation) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Buildinginsurers, or to clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for structural alterationsthe safety, repairs protection or improvements preservation of the Building or any occupants thereof, or to facilitate repairs, alterations or additions to the Building or the Building’s systems any other tenants' premises. Except for any entry by Landlord in an emergency situation or to provide normal cleaning and equipment. Notwithstanding anything to the contrary contained in this Article 27janitorial service, Landlord may enter the Premises at shall provide Tenant with reasonable prior notice of any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of entry into the Premises, and any other loss occasioned therebywhich notice may be given verbally. For each of Notwithstanding the above purposesforegoing, except in emergency situations as determined by Landlord, Landlord shall at all times have exercise reasonable efforts to perform any entry into the Premises in a key manner that is reasonably designed to minimize interference with which to unlock all the doors operation of Tenant's business in the Premises, excluding Tenant’s vaults, safes . If reasonably necessary for the protection and special security areas designated in advance by Tenant. In an emergencysafety of Tenant and its employees, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into temporarily close the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except additions in the Premises, provided that Landlord shall use reasonable efforts to perform all such work on weekends and after Normal Business Hours. Entry by Landlord hereunder shall not constitute a constructive eviction or entitle Tenant to any abatement or reduction of Rent by reason thereof. Notwithstanding the foregoing, if Landlord temporarily closes the Premises as otherwise expressly agreed provided above for a period in excess of three (3) consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rental during the period beginning on the fourth (4th) consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Landlord hereinTenant in its maintenance and repair obligations under the Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Viewlocity Inc), Office Lease Agreement (Viewlocity Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment, provided that any such alteration, improvement or repair shall not unreasonably interfere with Tenant’s use of or access to the Premises. Tenant shall have the right to have one of its employees accompany Landlord during any such visits. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform (after any applicable notice and cure period). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises in connection with any entries under this Article 27 (except under item (B), above). Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided that the foregoing shall not limit Landlord’s liability for personal injury or property damage to the extent caused by Landlord’s negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

ENTRY BY LANDLORD. 13.1 Landlord reserves the right right, and Tenant shall permit Landlord and its designees, to enter the Premises, at all reasonable times and upon following reasonable prior notice delivered to Tenant (except in the case event of an emergency) to , in which circumstance Landlord or its designees may enter the Premises to at any time without prior notice), to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective and tenants; (iii) post notices of nonresponsibilitymake such alterations, improvements, additions and/or repairs as Landlord may deem necessary or as may be required to comply with applicable Laws; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial serviceLandlord in connection with this Lease; (Bv) take possession due to any breach of this Lease in the manner provided herein; and (Cvi) perform any covenants covenant or obligation of Tenant under this Lease which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, rent and may take such reasonable steps as required to accomplish the these stated purposes. Except as otherwise provided in the last sentence of Section 16.1, Tenant hereby waives any claims for damages or for any injuries or inconvenience inconveniences to or interference interferences with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss losses occasioned thereby. For each of the above purposes, Tenant shall insure that Landlord shall at all times have a key keys with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore hereinabove described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

Samples: Lease Agreement (Smith & Wollensky Restaurant Group Inc), Lease Agreement (New York Restaurant Group Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time upon reasonable notice to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby; except to the extent arising from the gross negligence or willful misconduct of the Landlord or the Landlord Parties, subject to all provisions contained in this Lease. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentequipment (including, without limitation, to perform Bracket’s obligations to remove the alterations, improvements, equipment and personal property in the Suite 700 Server Room that are Bracket’s obligation to remove pursuant to that certain Lease Termination Agreement (the “Lease Termination Agreement”) being entered into by Landlord and Bracket concurrently herewith, and any related restoration work required by such Lease Termination Agreement to the extent that Bracket fails to timely perform such obligations). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform following the expiration of any applicable notice and cure period. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. In connection with any such entry to the Premises, Landlord shall comply with Tenant’s reasonably established security measures previously communicated to Landlord in writing.

Appears in 2 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and during normal business hours, upon reasonable no less than 24 hours prior notice to Tenant (except in the case of an emergency) ), and in compliance with Tenant’s reasonable security measures, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to tenants, or prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article ARTICLE 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial serviceservice (unless Tenant has given Landlord written notice that it does not want janitorial service provided in a particular area ); (B) take possession possession, in compliance with law, due to any breach of this Lease in the manner provided herein; and (C) during normal business hours, upon forty-eight (48) hours prior notice, perform any covenants of Tenant which Tenant fails to performperform (after notice, and an opportunity to cure, if expressly provided in this Lease). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any entry into the Premises, Landlord agrees to make reasonable efforts to minimize interference with Tenant’s operations in the Premises caused by such entry and to minimize the duration of any such interference. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except with respect to damage to Tenant’s personal property or the amount of any physical injury, but only to the extent such damage is caused by the negligent acts or omissions or willful misconduct of Landlord, its agents, employees and contractors, and in such event, only the extent not covered by Tenant’s insurance required to be carried hereunder. For each of the above purposes, Landlord shall at all times have a key or card key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by TenantTenant (the “SECURITY Areas”). Notwithstanding anything set forth in this ARTICLE 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an emergency where such entry is reasonably required. In an emergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant’s immediate cooperation in connection therewith. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

ENTRY BY LANDLORD. 27.1 Landlord reserves the right at all reasonable times and upon reasonable not less than one (1) day’s prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything , each provided that Landlord uses commercially reasonable efforts to coordinate with Tenant (emergencies excepted) and otherwise employs commercially reasonable efforts to minimize interference with the contrary contained conduct of Tenant’s business in this Article 27, Landlord may enter connection with entries into the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performPremises. Landlord may make any such entries without the abatement of Rent, except as otherwise expressly provided in this Lease, and may shall take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Landlord further reserves the right to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, attached, on each applicable floor of this Lease the Premises for the future installation of additional shaft walls and risers for the tenants or occupants of floors beneath the applicable floor of the Premises. Upon the giving of such notice, designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be construed treated as obligating Landlord to perform Common Areas Tenant shall not make any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinAlterations in the Future Shaft Areas and shall remove any of Tenant’s property from the same upon reasonable prior notice from Landlord.

Appears in 2 contracts

Samples: Lease (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's use of this or access to the Premises in connection with any such entry 28. TENANT PARKING Tenant shall have the right to use, at no additional cost or charge to Tenant during the initial Lease Term (and after the initial Lease term Landlord shall only charge for parking to the extent consistent with the practices of landlords of Comparable Buildings) , the amount of parking set forth in Section 9 of the Summary, in the on-site and/or off-site, as the case may be, parking facility (or facilities) which serve the Project. Tenant shall abide by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the parking facilities), and shall reasonably cooperate in seeing that Tenant's employees and visitors also comply with such rules and regulations. Tenant's use of the Project parking facility shall be construed as obligating at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever, except in the event of the gross negligence or willful misconduct of Landlord or any Landlord Parties, for damage to perform the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any repairsof Tenant's, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinits employees' and/or visitors' use of the parking facilities.

Appears in 2 contracts

Samples: Lease (Pulmonx Corp), Lease (Pulmonx Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant of at least 24 hours (which may be oral) (except no notice will be required in the case of an emergencyemergencies and for regularly scheduled maintenance or janitorial services) to the Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time (without notice) to (A) perform janitorial services required of Landlord, including janitorial serviceor other similar daily/weekly type services; (B) take possession due to any breach of this Lease in the manner provided hereinherein and in accordance with Applicable Law; and (C) perform any covenants of Tenant which Tenant fails to performperform after the expiration of any applicable notice and cure period. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise expressly provided in Section 19.6 of this Lease, ) and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to (or interference with with) Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and during normal business hours, upon reasonable no less than 24 hours prior notice to Tenant (except in the case of an emergency) ), and in compliance with Tenant's reasonable security measures, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to tenants, or prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article ARTICLE 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial serviceservice (unless Tenant has given Landlord written notice that it does not want janitorial service provided in a particular area ); (B) take possession possession, in compliance with law, due to any breach of this Lease in the manner provided herein; and (C) during normal business hours, upon forty-eight (48) hours prior notice, perform any covenants of Tenant which Tenant fails to performperform (after notice, and an opportunity to cure, if expressly provided in this Lease). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any entry into the Premises, Landlord agrees to make reasonable efforts to minimize interference with Tenant's operations in the Premises caused by such entry and to minimize the duration of any such interference. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except with respect to damage to Tenant's personal property or the amount of any physical injury, but only to the extent such damage is caused by the negligent acts or omissions or willful misconduct of Landlord, its agents, employees and contractors, and in such event, only the extent not covered by Tenant's insurance required to be carried hereunder. For each of the above purposes, Landlord shall at all times have a key or card key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by TenantTenant (the "SECURITY Areas"). Notwithstanding anything set forth in this ARTICLE 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an emergency where such entry is reasonably required. In an emergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant's immediate cooperation in connection therewith. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) subject to Applicable Laws, take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises in connection with any entries under this Article 27 (except under item (B), above). Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided that the foregoing shall not limit Landlord’s liability for personal injury and/or property damage to the extent caused by Landlord’s negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times (except as provided below) have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) the same upon reasonable prior notice to Tenant to supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, purchasers or tenants upon reasonable prior notice to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease TermTenant, to prospective tenants; (iii) post notices notice of nonresponsibility; or (iv) , to alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to any other portion of the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27* , Landlord may enter the Premises at all without being deemed guilty of any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants eviction of Tenant which Tenant fails to performand without abatement of rent. Landlord may make any may, in order to carry out such entries without purposes, erect scaffolding and other necessary structures where reasonably required by the abatement character of Rentthe work to be performed, except provided that the business of Tenant shall be interfered with as otherwise provided in this Lease, and may take such reasonable steps little as required to accomplish the stated purposesreasonably practicable. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profitsTenaxx'x xusiness, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyin, upon and about the Premises. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes Tenaxx'x xaults and special security areas designated in advance by Tenantsafes. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, into the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premisesthereof, and any damages caused on account thereof shall be paid by Tenaxx. No Xx is understood and agreed that no provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed herein by Landlord hereinLandlord.

Appears in 1 contract

Samples: Stac Inc

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to following any breach uncured default under Article 19.1 of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform after such notice from Landlord and expiration of such cure period as is provided for hereunder. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided that Landlord shall use commercially reasonable efforts not to materially and adversely affect Tenant’s operations in, or access to, the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises; provided that Landlord shall use commercially reasonable efforts not to materially and adversely affect Tenant’s operations in, or access to, the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Hyperion Therapeutics Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) upon twenty-four (24) hour prior written notice, show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, Building or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment, with Tenant’s prior approval if Tenant is the only tenant of the Building (not to be unreasonably withheld, conditioned or delayed), provided, however, that Tenant’s approval shall not be required if an uncured default by Tenant then exists, or such alterations, improvements or repairs are required to cause the Building to be in compliance with insurance requirements or governmental laws, codes, rules or regulations or are required to permit Landlord to comply with its repair and maintenance obligations under this Lease, or an emergency exists, in which cases Tenant’s prior approval shall not be required. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Arthrocare Corp)

ENTRY BY LANDLORD. Landlord reserves 19.1 LANDLORD, its agents, employees, and contractors may enter the right Leased Premises at all reasonable times and upon reasonable notice any time in response to Tenant (except in the case of an emergency) to enter the Premises to , and at reasonable hours to: (ia) inspect themthe Leased Premises; (iib) show exhibit the Leased Premises to prospective purchasers, lenders, tenants, brokers, or agents; (c) determine whether TENANT is complying with all its obligations in this LEASE; (d) any service to current be provided by LANDLORD to TENANT according to this LEASE; (e) post written notices of nonresponsibility or prospective mortgageessimilar notices; or (f) make repairs required of LANDLORD under the terms of this LEASE or make repairs to any adjoining space or utility services or make repairs, ground alterations, or underlying lessors or insurers orimprovements to any other portion of the building; however, all such work will be done as promptly as is reasonably possible and with the intention to cause as little interference to TENANT as is reasonably possible. LANDLORD may at any time during the last twelve ninety (1290) months days of the Lease TermTerm place on or about the Leased Premises, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alterthe building, improve or repair the Premises or the Buildingproject any “for lease” or other signs or notices advertising LANDLORD’s expectation that the Leased Premises will become available for leasing or rental. TENANT, by this Section 19.1, waives any claim against LANDLORD, its agents, employees, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims contractors for damages or for any injuries injury or inconvenience to or interference with TenantTENANT’s business, lost profits, any loss of occupancy or quiet enjoyment of the Leased Premises, and or any other loss occasioned therebyby any entry in accordance with this Section 19.1. For each of the above purposes, Landlord shall LANDLORD will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Leased Premises (excluding TenantTENANT’s vaults, safes safes, and special security areas similar areas, if any, designated in advance writing by TenantTENANT in advance). In an emergency, Landlord shall LANDLORD will have the right to use any and all means that Landlord LANDLORD may deem proper to open the doors in and to the Leased Premises in an emergency in order to obtain entry to the Leased Premises, provided that LANDLORD will promptly repair any damages caused by any forced entry. Any entry into to the Leased Premises by Landlord LANDLORD in the manner hereinbefore described shall accordance with this Article 19 will not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Leased Premises or an eviction, actual or constructive eviction constructive, of Tenant TENANT from the Leased Premises or any portion of the Leased Premises. No provision , nor will any such entry entitle TENANT to damages or an abatement of monthly Base Rent, additional rent, or any other charges that this Lease shall be construed as obligating Landlord LEASE requires TENANT to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.

Appears in 1 contract

Samples: Sonendo, Inc.

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Except as otherwise set forth in Section 3.2, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by TenantTenant (the “Security Areas”). Notwithstanding anything set forth in this Article 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an emergency where such entry is reasonably required. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant’s immediate cooperation in connection therewith. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or to prospective tenants (provided that Landlord agrees that except in the event (a) Tenant is in default under this Lease, (b) Landlord and Tenant are negotiating for or have agreed to an early termination of this Lease or Landlord intends to relocate Tenant, or (c) Landlord and Tenant otherwise mutually agree to the contrary, Landlord shall not show the Premises to prospective tenants except during the last twelve (12) months of the then current Lease Term, to prospective tenants); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Except in the case of an emergency, Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises, provided Tenant makes such employee available at the time Landlord or such other party desires to enter the Premises, and, except in the case of an emergency, Landlord shall use commercially reasonable efforts to comply with Tenant’s reasonable security measures of which Landlord is notified in advance in writing which may include requiring that the person(s) entering the Premises and any third parties (such as prospective lenders, purchasers or tenants) execute Tenant’s standard confidentiality agreement upon sign-in to the Premises, provided Tenant makes such confidentiality agreement available at the time Landlord or such other party desires to enter the Premises, and further provided that such confidentiality agreement is in a standard form that Tenant requires all non-employee entrants to the Premises to execute prior to entry to the Premises and is on commercially reasonable terms. If Tenant requires a confidentiality agreement from any such party requiring access to space, Landlord shall not be responsible for any delays that occur in Landlord’s response to Tenant’s request for repairs or services. Nothing in the foregoing shall prohibit Landlord from accessing the Premises with a third party without such an agreement in an event of emergency or, following a reasonable period in which Landlord allows Tenant to seek such an agreement, to the extent reasonably necessary to perform maintenance and repairs to the Premises and the Project.

Appears in 1 contract

Samples: Office Lease (Amplitude, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (except that with respect to tenants only, such right to show the Premises shall be limited to the last twelve (12) months of the Lease Term), or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment; provided that any such alterations, improvements, or additions shall not materially decrease the usable area of the Premises or otherwise materially adversely affect Tenant’s access to or use of the Premises. Notwithstanding anything to the contrary contained in this Article 27, . Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Lease (Neophotonics Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least one (1) business days’ prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding as required hereunder, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipmentequipment as required hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Landlord acknowledges and XXXXXX REALTY Del Mar Corporate Centre II [DermTech, Inc.] 0000-0000-0000.7 377185.00017/7-1-21/gjn/gjn agrees that any entry by Landlord hereunder shall be in compliance with Tenant’s reasonable security requirements. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (DermTech, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency necessitates an immediate entry or prior to Tenant (except in the case of an emergency) entry to provide routine janitorial services), enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders or purchasers, or to current or prospective mortgageesand, ground or underlying lessors or insurers or, during curing the last final twelve (12) months of the Lease Termterm (as such term may have been extended), to prospective tenants; , (iiid) post notices of nonresponsibility; or , and (ive) alter, improve or repair the Premises or any other portion of the BuildingReal Property or the Office Park. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property or the Office Park scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for structural alterationsconsequential damages or loss of business or profits by Tenant; provided, repairs however, that Landlord shall use good faith efforts to cause all such work to be done in such a manner as to minimize the extent and duration of the entry or improvements work and to cause as little interference to Tenant as reasonably possible without incurring additional expense; provided, further, if the Building or work is a type of work that is customarily performed by Landlords of first class office buildings after regular business hours, then, unless otherwise agreed to by Tenant, Landlord shall cause the Building’s systems and equipmentwork to be performed after business hours. Notwithstanding anything to the contrary contained in this Article 27herein, Landlord may enter if any such entry or work is (i) necessitated due to reasons within Landlord’s reasonable control and continues for fourteen (14) or more consecutive business days, or (ii) necessitated due to reasons outside Landlord’s reasonable control and continues for sixty (60) or more consecutive days, and during the period of entry or work all or a substantial part of the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of are rendered unusable by such entry or work so that Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leaseis unable to, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s businessdoes not, lost profits, any loss of occupancy or quiet enjoyment of conduct its business in the Premises, then Tenant shall be entitled to an abatement of Monthly Rent and any other loss occasioned thereby. For each Tenant’s Electrical Charge under Paragraph 5 hereof and Additional Rent under Paragraph 7 hereof, which abatement shall commence as of the above purposesfirst day after the expiration of such fourteen (14) consecutive business day or sixty (60) consecutive day period (as applicable) and terminate upon the cessation of such entry or work, and which abatement shall be based on the portion of the Premises rendered unusable for Tenant’s business by such entry or work. The prior sentence is inapplicable to Landlord’s entry into the Premises or work within the Premises that is necessitated due to damage caused by fire or other casualty where such damage is governed by Paragraph 26. Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.

Appears in 1 contract

Samples: And Attornment Agreement (Oscient Pharmaceuticals Corp)

ENTRY BY LANDLORD. DRAFT Landlord reserves the right and shall at all reasonable times and times, upon reasonable prior notice to Tenant (except in the case of an emergency) ), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times, have the right to re-enter the Premises to (i) inspect them; (ii) the same, to supply any service which Landlord is required to provide to Tenant or the Premises hereunder, to show the Premises to prospective purchasers, Mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, (during the last twelve two (122) months of the Lease Initial Term) tenants, to prospective tenants; (iii) post notices of nonresponsibility; nonresponsibility or (iv) as otherwise required or allowed by this Facility Lease or by law, and to alter, improve or repair the Premises and any portion of the Building as permitted under this Facility Lease and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed; provided, such scaffolding, pipes, conduits, and other necessary structures do not unreasonably interfere with Tenant’s use of the Premises or the Buildingits business conducted therein, or for structural alterations, repairs or improvements are not permanently affixed to the Building Premises, and are removed within twenty-four (24) hours after the work is completed. Landlord shall use its best efforts during re-entry to not unreasonably interfere with Tenant’s use of the Premises or the Buildingits business conducted therein. Landlord shall not, however, be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising from Landlord’s systems entry and equipment. Notwithstanding anything acts pursuant to the contrary contained this Section and Tenant shall not be entitled to an abatement or reduction of Base Rent if Landlord reasonably exercises any rights reserved in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesSection. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, unless caused by the gross negligence or willful misconduct of Landlord or any of the Landlord Parties. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated by Tenant from time to time, in its absolute discretion, by written notice to Landlord in advance of the installation or creation of any such vaults, safes and or special security areas designated in advance by Tenant. In an emergencyareas), and Landlord shall have the right to use any and all means that which Landlord may deem necessary or proper to open the said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises. Any entry into the Premises , or portion thereof obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinportions thereof.

Appears in 1 contract

Samples: Facility Lease Agreement

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except no notice shall be required in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or to prospective tenants during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve to perform Landlord's repair and maintenance obligations under this Lease; or repair (v) to the Premises extent necessary in order for Landlord to take an action which Landlord has a right or an obligation to take under the Buildingterms of this Lease, or for structural alterations, repairs as Landlord may be required to do by governmental or improvements to the Building quasi-governmental authority or the Building’s systems and equipmentcourt order or decree. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease after notice and expiration of applicable cure periods in the manner provided herein; and (CB) pursuant to Section 26.1 of this Lease (except in the case of an emergency), perform any covenants of Tenant which Tenant fails to perform. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant's business in connection with all entries into the Premises. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise provided specifically set forth in Section 19.5.2 of this Lease, ) and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business's business and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord's liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant's business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises, and Premises in connection with such entries; provided that Tenant does not waive any other loss occasioned therebyclaim for actual or constructive eviction as a result of Landlord's entry. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate in writing certain reasonable areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas, except in the event of an emergency. Landlord shall only maintain or repair such Secured Areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building Structure; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations decorations, except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (SoFi Technologies, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable Upon not less than twenty four (24) hours’ prior notice to Tenant (except in the case of an emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, for the following purposes: (i) inspect theminspecting and maintaining the Premises; (ii) show making repairs, alterations or additions to the Premises that are allowed or that are Landlord’s responsibility under this Lease; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or repair thereof, as required or permitted by any Law, and (vi) placing “For Sale” signs, and showing the Premises to prospective purchasersLandlord’s existing or potential successors, or to current or prospective mortgageespurchasers and lenders. Tenant shall permit Landlord and Landlord’s agents, ground or underlying lessors or insurers or, during the last at any time within twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements prior to the Building Expiration Date (or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to during the Lease Term that Tenant is in default hereunder beyond any breach of this Lease in the manner provided herein; applicable notice and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided cure period expressly set forth in this Lease), to place upon the Premises “For Lease” signs, and may take such exhibit the Premises to real estate brokers and prospective tenants at reasonable steps as required to accomplish hours. At any time when Tenant does not rent all rentable space in the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the PremisesProject, and at any other loss occasioned thereby. For each of time within twelve (12) months prior to the above purposes, Landlord shall Expiration Date (or at any time during the Lease Term that Tenant is in default hereunder beyond any applicable notice and cure period expressly set forth in this Lease) if Tenant does rent all times have a key with which to unlock all the doors rentable space in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyProject, Landlord shall have the right to use any means that Landlord may deem proper to open place “For Lease” signs within the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinexterior Common Area.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) reasonably alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for reasonable structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any material, uncured breach of this Lease in the manner provided herein; and (C) perform any material covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as reasonably required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, based on entry by Landlord as provided for in Article 27. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (U S Interactive Inc/Pa)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, 21.01 Landlord may enter the Premises at any time all reasonable times to, provided that Landlord is accompanied by a bank representative or employee (except to (A) perform provide janitorial services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease the Premises or in the manner event of an emergency): inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided hereinby Landlord to Tenant under this Lease; post notices of non-responsibility; and (C) perform any covenants of make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesreasonably possible. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or interference with with, Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant’s vaults, safes and special security similar areas designated by Tenant in advance by Tenant. In an emergencywriting in advance), and Landlord shall have the right to use any and all means that by which Landlord may deem proper to open the such doors in and to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from any portion part of the Premises. No provision Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease Lease. If Landlord shall be construed required to obtain entry by means other than a key provided by Tenant, the cost of such entry shall by payable by Tenant to Landlord as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinadditional rent.

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice to Tenant of one (1) business day (except in the case of an emergencyemergency in which case no notice shall be required) to Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (with respect to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last twelve nine (129) months of the Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building Building, or the Building’s systems and equipmentas Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord, including janitorial service; (B) take possession due Landlord pursuant to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performLease. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Except to the extent caused by the gross negligence or willful misconduct of any Landlord Party, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Extension Option Rider (Riverbed Technology, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, and its duly authorized representatives, shall, upon reasonable prior notice to Tenant (except in the case of an emergency) , where no such notice shall be required), have the right to enter the Premises at all reasonable times (at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (i) inspect them; (ii) but Landlord shall have no duty whatsoever to make any such inspections, repairs, alterations, additions or improvements except as otherwise provided in Sections 7.1 and 7.2 and Exhibit B), and to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last twelve twenty-four (1224) months preceding expiration of the Lease Term, Term as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair purchasers and mortgagees. If Landlord’s access to the Premises for any purposes permitted under this Lease requires Landlord to access or work in any controlled or restricted areas within the BuildingPremises, or then, except in case of emergency, Landlord must be accompanied by a Tenant representative (Tenant hereby agreeing to make a representative available during mutually convenient times for structural alterationssuch purposes). To the extent possible under the circumstances, Landlord shall schedule non-emergency access to and repairs or improvements and maintenance within the Premises outside of normal business hours. In connection with all repairs and maintenance performed by Landlord within the Premises pursuant to this Section 16.19, Landlord shall use commercially reasonable efforts to assure the safety of all persons affected thereby. In the event Tenant sends a notice alleging an emergency with respect to the Building existence of a dangerous or the Buildingunsafe condition, any requirements for prior notice or limitations on Landlord’s systems and equipment. Notwithstanding anything access to the contrary Premises contained in this Article 27, Lease shall be deemed waived by Tenant so that Landlord may enter the Premises at any time immediately exercise its rights under this Section 16.19 and Section 16.17 in such manner as Landlord deems necessary in its sole discretion to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease remedy such dangerous or unsafe condition. Except in the manner provided herein; and (C) perform any covenants event of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right use commercially reasonable efforts to minimize any interference with Xxxxxx’s operations and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into occupancy of the Premises in connection with the exercise of any of the foregoing rights under this Section 16.19, consistent with the nature of the activities being undertaken by Landlord hereunder. Landlord shall comply with all Legal Requirements in connection with the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction exercise of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinforegoing rights.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (with respect to such tenants, only during the last 12 months of the Lease Term), or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of LandlordLandlord (other than as noted in subparagraph (iv) in the preceding sentence), including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein, subject to and in accordance with the provisions of Article 19 hereof; and (C) perform any covenants of Tenant which Tenant fails to perform, subject to and in accordance with the provisions of Article 26.1 hereof. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise expressly provided in this LeaseSection 6.4, above) and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided, however, that nothing contained herein shall waive any liability of Landlord for personal injury and/or property damage resulting from Landlord’s negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may reasonably deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Imperial Capital Group, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to advance notice, enter the Premises to (ia) for reasonable cause, inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers, lenders or to current or prospective mortgagees, ground or underlying lessors or insurers orpurchasers and, during the last twelve final fifteen (1215) months of the Lease Termterm, to prospective tenants; , (iiid) post notices of nonresponsibility; or non-responsibility, and (ive) alter, improve or repair the Premises or any other portion of the BuildingReal Property. In connection with any such alteration, improvement or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27repair, Landlord may enter erect in the Premises at or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any time to (A) perform services required of Landlordliability whatsoever, including janitorial service; (B) take possession due but not limited to any breach liability for consequential damages or loss of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performbusiness or profits by Tenant. Landlord may make any shall use good faith efforts to cause all such entries work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesincurring additional expense. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.

Appears in 1 contract

Samples: Office Lease (Zscaler, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than one (1) day’s prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease TermTerm and accompanied by a representative of Tenant (provided that Tenant makes a representative available for the same), to prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything Provided that Landlord employs commercially reasonable efforts to minimize interference with the contrary contained conduct of Tenant’s business in this Article 27connection with entries into the Premises, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise expressly provided in this Lease, and may shall take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. 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 and to change the name, address, number or designation by which the Premises is commonly known, provided any such change does not (A) unreasonably reduce, interfere with or deprive Tenant of access to the Premises or otherwise materially interfere with Tenant’s use and enjoyment of the Premises, or (B) reduce the usable area of the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Tenant shall, at all time during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or other means necessary to access the Premises. Landlord further reserves the right to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, attached, on each applicable floor of this Lease the Premises for the future installation of additional shaft walls and risers for the tenants or occupants of floors beneath the applicable floor of the Premises. Upon the giving of such notice, the designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be construed treated as obligating Common Areas. Tenant shall not make any Alterations in the Future Shaft Areas and shall remove any of Tenant’s property from the same upon reasonable prior notice from Landlord. Furthermore, Tenant shall provide Landlord reasonable access to perform the Premises outside of Business Hours and shall allow Landlord, as a reserved right, to use the removable windows in the Premises for the purpose of moving large items into the Building (including but not limited to large equipment, furniture and construction items) from time to time upon at least three (3) business days’ notice to Tenant (provided, however, that Landlord (a) shall use commercially reasonable efforts to minimize any repairsmaterial interference with Tenant’s use of the Premises in the exercise of Landlord’s rights under this paragraph, alterations and (b) subject to the provisions Section 10.5 above, shall be fully liable for any damage done to the Premises and/or Tenant’s property located in the Premises in connection with such use of the Premises, and shall indemnify and hold Tenant harmless from and against any claims for personal injury or decorations except property damage that result from Landlord’s use of the Premises as otherwise expressly agreed to be performed by Landlord hereinset forth in this paragraph).

Appears in 1 contract

Samples: Massachusetts Avenue (Werewolf Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice not less than 24 hour prior Notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orand, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided hereinany lawful manner; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by Landlord’s, or Landlord Parties’, negligence or willful misconduct during such entry to the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and reasonably sized and located special security areas designated in advance by TenantTenant and approved by Landlord. For each of the above purposes, except in an emergency, Tenant shall be entitled to require that an employee of Tenant accompany Landlord during such entry into the Premises, provided Tenant makes such employee available at the time Landlord desires to enter the Premises. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Solar Power, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (and, except in the case of an emergency, upon reasonable notice to Tenant (which need not be in writing) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 2728, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform (after applicable notice and cure periods). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business's business and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord's liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by (a) the negligence of Landlord or any Landlord Parties and not covered by (i.e., exceeding the coverage limits) the insurance required to be carried by Tenant hereunder (provided that, if covered by the insurance required to be carried by Tenant hereunder, then Landlord shall pay a portion of any commercially reasonable deductible in connection therewith equal to the portion of such injury or damage that arises from the negligence of Landlord or any Landlord Parties), or (b) the willful misconduct of Landlord or any Landlord Parties. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant's business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises in connection with such entries. In connection with Landlord's entry into the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.13112.002.675115v7

Appears in 1 contract

Samples: Office Lease (Netgear, Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable at least twenty-four (24) hours prior notice (which may be given verbally) to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; (C) show the lobby of the Premises to any of Landlord’s invitees or prospective tenants; and (CD) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. ; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment use of the Premises, Premises and any other loss occasioned therebyshall be performed after normal business hours if reasonably practical. For each of the above purposesWith respect to items (y) and (z) above, Landlord shall at all times have a key use commercially reasonable efforts to not materially interfere with which to unlock all the doors in Tenant’s use of, or access to, the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Landlord will exercise its rights pursuant to this Article 27 in a manner so as to minimize any unreasonable interference with Tenant’s use of the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises.

Appears in 1 contract

Samples: Lease (Ligand Pharmaceuticals Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current purchasers or prospective mortgagees, or then-existing mortgagees or ground or underlying lessors or insurers or, (and during the last twelve (12) months of the Lease Term, to prospective tenants); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises Premises, the Project, or the BuildingBuilding if necessary to comply with current building codes or other applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentProject which Landlord is required or permitted to perform under this Lease. Notwithstanding anything to the contrary contained in this Article 2725, Landlord may enter the Premises at any time to to: (A) perform services required of Landlord, including janitorial service; and (B) take possession due subject to any breach all applicable terms and provisions of this Lease in the manner provided herein; and (C) Lease, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any disruptions to Tenant’s business in connection with such entries. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last twelve (12) months of the Lease Term, to prospective tenantsTenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this LeaseSection 19.9, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. Except as otherwise set forth in Sections 19.4 and 19.9, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Notwithstanding anything to the contrary set forth above, Tenant may designate certain areas (reasonable in size) of this Lease the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall be construed as obligating provide Tenant with ten (10) days' prior written notice of the specific date and time of such Landlord inspection with respect to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinsuch areas.

Appears in 1 contract

Samples: Office Lease (Aames Financial Corp/De)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Except with respect to clause (B), above, Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant's business in connection with such entries into the Premises. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby; provided that the foregoing shall not limit Landlord's liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and during normal business hours, upon reasonable no less than twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) ), and in compliance with Tenant’s reasonable security measures, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve six (126) months of the Lease Term, to tenants, or prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any a breach of this Lease as provided in the manner provided hereinArticle 19; and (C) during normal business hours, upon forty-eight (48) hours prior notice, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any entry into the Premises, Landlord agrees to make reasonable efforts to minimize interference with Tenant’s operations in the Premises caused by such entry and to minimize the duration of any such interference. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except with respect to damage to Tenant’s personal property or the amount of any physical injury, but only to the extent such damage is caused by the negligent acts or omissions or willful misconduct of Landlord, its agents, employees and contractors, and in such event, only the extent not covered by Tenant’s insurance required to be carried hereunder. For each of the above purposes, Landlord shall at all times have a key or card key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by TenantTenant (the “Security Areas”). Notwithstanding anything set forth in this Article 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an emergency where such entry is reasonably required. In an emergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant’s immediate cooperation in connection therewith. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (3com Corp)

ENTRY BY LANDLORD. DRAFT Landlord reserves the right and shall at all reasonable times and times, upon reasonable prior notice to Tenant (except in the case of an emergency) ), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times, have the right to re-enter the Premises to (i) inspect them; (ii) the same, to supply any service which Landlord is required to provide to Tenant or the Premises hereunder, to show the Premises to prospective purchasers, Mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, (during the last twelve two (122) months of the Lease Initial Term) tenants, to prospective tenants; (iii) post notices of nonresponsibility; nonresponsibility or (iv) as otherwise required or allowed by this Facility Lease or by law, and to alter, improve or repair the Premises and any portion of the Building as permitted under this Facility Lease and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed; provided, such scaffolding, pipes, conduits, and other necessary structures do not unreasonably interfere with Xxxxxx’s use of the Premises or the Buildingits business conducted therein, or for structural alterations, repairs or improvements are not permanently affixed to the Building Premises, and are removed within twenty-four (24) hours after the work is completed. Landlord shall use its best efforts during re-entry to not unreasonably interfere with Xxxxxx’s use of the Premises or the Buildingits business conducted therein. Landlord shall not, however, be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising from Landlord’s systems entry and equipment. Notwithstanding anything acts pursuant to the contrary contained this Section and Tenant shall not be entitled to an abatement or reduction of Base Rent if Landlord reasonably exercises any rights reserved in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesSection. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, unless caused by the gross negligence or willful misconduct of Landlord or any of the Landlord Parties. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated by Tenant from time to time, in its absolute discretion, by written notice to Landlord in advance of the installation or creation of any such vaults, safes and or special security areas designated in advance by Tenant. In an emergencyareas), and Landlord shall have the right to use any and all means that which Landlord may deem necessary or proper to open the said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises. Any entry into the Premises , or portion thereof obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinportions thereof.

Appears in 1 contract

Samples: Facility Lease Agreement

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than forty-eight (48) hours prior written notice to Tenant (except in the case of an emergency, in which case prior notice shall not be required) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageestenants (for tenants, ground or underlying lessors or insurers or, only during the last twelve six (126) months of the Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to Tenant, (A) in emergency situations and/or (B) to perform janitorial or other recurring services required of Landlord, including janitorial service; (B) take possession due Landlord pursuant to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performLease. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, except for emergencies, Landlord shall use commercially reasonable efforts to perform any such entry in an expeditious manner so as to minimize interference with Tenant’s use of the Premises. Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Article 22 with Tenant (except entries under items (A) and (B) set forth above, and/or in the event of emergency) so that Tenant, at Tenant’s option, may provide a representative to accompany Landlord (but Landlord shall not have any obligation to wait for such Tenant representative to the extent the same is not reasonably available). Even in an emergency situation, Landlord shall use commercially reasonable efforts to minimize disruption to Tenant’s business operations. Except as otherwise provided in the Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises; provided, however, that Landlord shall, subject to Section 10.1 of this Lease and to the extent that such damage is not covered by insurance required to be carried by Tenant under this Lease or caused by any governmental agencies, repair any damage to the Premises caused by any such emergency entry into the Premises by Landlord. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision In addition, notwithstanding anything to the contrary set forth in this Article 22, Tenant may designate certain areas of this Lease the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property. In connection with the foregoing, Landlord shall be construed not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as obligating Landlord a Secured Area and shall only maintain or repair such Secured Area to perform any repairsthe extent (i) such repair or maintenance is required in order to maintain and repair the Building; (ii) required by Applicable Laws, alterations or decorations except as otherwise expressly agreed (iii) in response to be performed specific requests by Landlord hereinTenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlords’ reasonable approval.

Appears in 1 contract

Samples: Office Lease (Legalzoom Com Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than forty-eight (48) hours’ notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective investors, purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective or tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach Default of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform following applicable notice and cure periods. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with such entries into the Premises. Landlord shall use good faith efforts to ensure that the performance of any such work of repairs or alterations shall not materially interfere with Tenant’s use of the Premises (or any portion thereof) for Tenant’s business purposes (Landlord’s efforts in such regard will include, where reasonably possible, limiting the performance of any such work which might be disruptive to weekends or the evening and the cleaning of any work area prior to the commencement of the next business day). Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise provided specifically set forth in Section 19.5.2 of this Lease, ) and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. With respect to any entry onto the Premises made by Landlord in accordance with the terms of this Section 27.1, Tenant shall have the right to have a representative of Tenant accompany Landlord within the Premises, provided that such representative is made available at the time of Landlord’s entrance onto the Premises, and provided that such representative does not unreasonably interfere with Landlord. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (FIGS, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its good faith judgment) necessitates an immediate entry or prior to Tenant (except in the case of an emergency) entry to provide routine janitorial services), enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserslenders, or to current or prospective mortgagees, ground or underlying lessors or insurers purchasers or, during the last twelve one (121) months year of the Lease Termthen current term of this Lease, to prospective tenants; , (iiid) post notices of nonresponsibility; or , and (ive) alter, improve or repair the Premises or any other portion of the BuildingReal Property; provided, or for structural alterationshowever, repairs that Landlord shall not make any alterations or improvements to the Building Premises or the Building’s systems storefront windows of the Retail Premises that materially affect Tenant's use and equipment. Notwithstanding anything occupancy thereof except to the contrary contained extent reasonably required in this Article 27connection with Landlord's maintenance and repair of the Real Property or to the extent an emergency and/or Legal Requirements require otherwise, Landlord may enter the Premises at as reasonably determined by Landlord. In connection with any time to (A) perform services required of Landlordsuch alteration, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performimprovement or repair. Landlord may make any erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entries without the entry or work entitle Tenant to an abatement of Rent, rent (except as otherwise provided in this LeaseParagraph 17.e. above), constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such worx xx xe done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense, and may take Landlord shall perform any extraordinarily noisy or disruptive work after Business Hours or on weekends to the extent such reasonable steps procedures would be generally followed by managers of other first class office buildings the San Francisco financial district (except to the extent an emergency and/or Legal Requirements require otherwise, as reasonably determined by Landlord). Landlord shall pay the cost of any additional janitorial services to the Premises required by reason of Landlord's entry or work pursuant to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premisesthis Paragraph 23, and Landlord shall perform any other loss occasioned therebyrepair work to the Premises required pursuant to Paragraph l0.b. For each above by reason of the above purposes, such entry or work. Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate axxxxx to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.

Appears in 1 contract

Samples: Office Lease (Sharper Image Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but as to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last twelve (12) months of the initial Lease Term or of any Extension Term), or to prospective tenantsthe ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or Building. Tenant shall be offered an opportunity to accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant's security procedures in connection with such entry (except that these restrictions shall not apply in the Building’s systems and equipmentcase of an emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except Rent so long as otherwise provided in this LeaseTenant can continue to occupy and use any affected portion of the Premises for the same business purposes as Tenant had been using such affected portion prior to Landlord's entry, and Landlord may take such reasonable steps as required to accomplish the stated purposes, provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to not materially and adversely interfere with Tenant's normal business functions. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby except any claims arising out of Landlord's gross negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated from time to time in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Lease Option Agreement (Peregrine Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice (of at least 24 hours) to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform typical services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. In connection with the foregoing entries, Landlord shall use commercially reasonable efforts to avoid Tenant’s normal business hours. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (ZS Pharma, Inc.)

ENTRY BY LANDLORD. 19.1. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to its designees may enter the Demised Premises at reasonable hours to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders or tenants, (c) determine whether Tenant is complying with all of its obligations hereunder, (d) supply janitor service and any other services to current or prospective mortgageesbe provided by Landlord to Tenant hereunder, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiie) post notices of nonresponsibility; , and (f) make repairs required of Landlord under the terms hereof or (iv) alterrepairs to any adjoining space or utility services or make repairs, improve or repair the Premises or the Building, or for structural alterations, repairs alterations or improvements to the Building or any other portion of the Building’s systems and equipment; provided, however, that all such work shall be done as promptly as reasonably possible. Notwithstanding anything Where circumstances reasonably permit prior notice to the contrary contained in this Article 27be given of any such entry by Landlord, Landlord may enter shall give such notice as shall be reasonable under the Premises at any time circumstances, but shall not be liable or responsible to (A) perform services required Tenant for the result of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without entry which is delayed or obstructed by Tenant. In so entering upon the abatement of RentDemised Premises, except as otherwise provided in this Lease, and may Landlord shall take such reasonable steps as required under the circumstances to accomplish not unreasonably disrupt or interfere with Tenant's occupancy and quiet enjoyment of the stated purposesDemised Premises. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Demised Premises or any other loss occasioned thereby. For each by such entry, other than (i) caused by Landlord's gross negligence or (ii) for the costs of repairing or restoring the above purposes, Landlord shall at all times have Demised Premises as a key with which direct result of actual damage to unlock all the doors in the Demised Premises, excluding Tenant’s vaultsbeyond reasonable wear and tear, safes caused by Landlord's entry and special security areas designated in advance by Tenant. In an emergency, which Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall does not be deemed to be repair or restore within a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinreasonable time thereafter.

Appears in 1 contract

Samples: Office Center (National Techteam Inc /De/)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any time portion of the Building. Except in emergencies that threaten injury to property or persons or to provide recurring Building services, Landlord shall provide Tenant with no less than 24 hours prior written notice of entry (A48 hours for the performance of non-emergency work in the Premises) perform services required and shall use reasonable efforts to minimize any interference with Tenant’s use of or access to the Premises. Notwithstanding the foregoing, except in emergency situations as determined by Landlord, including janitorial service; (B) take possession due Landlord shall exercise reasonable efforts to perform any breach entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of this Lease Tenant’s business in, or Tenant’s access to, the Premises, and if Landlord performs any work in the manner Premises during Building Service Hours, then Landlord shall use commercially reasonable efforts to schedule such work to minimize interference with the operation of Tenant’s business in, or Tenant’s access to, the Premises, provided herein; that Tenant reasonably cooperates with Landlord’s scheduling efforts. Landlord acknowledges and (C) perform any covenants agrees that Tenant may require that Landlord be accompanied by an employee of Tenant which during any such entry into the Premises by Landlord; provided, however, that in no event shall the unavailability of such escort at the time that Landlord is permitted to enter the Premises delay Landlord’s entry into the Premises as permitted hereunder. If reasonably necessary for the protection and safety of Tenant fails to perform. and its employees, Landlord may make any such entries without temporarily close all or a portion of the abatement of RentPremises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as otherwise expressly provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, entry by Landlord shall at all times have not constitute a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction or entitle Tenant to an abatement or reduction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinRent.

Appears in 1 contract

Samples: Office Lease Agreement (GoodRx Holdings, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency necessitates an immediate entry or prior to Tenant (except in the case of an emergency) entry to provide routine janitorial services), enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserslenders, purchasers or to current or prospective mortgageestenants, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiid) post notices of nonresponsibility; or , and (ive) alter, improve or repair the Premises or any other portion of the BuildingReal Property. In connection with any such alteration, improvement or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27repair, Landlord may enter erect in the Premises at or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any time to (A) perform services required of Landlordliability whatsoever, including janitorial service; (B) take possession due but not limited to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims liability for consequential damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy business or quiet enjoyment of the Premisesprofits by Tenant; provided, and any other loss occasioned therebyhowever, that Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premisesthereof. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.26

Appears in 1 contract

Samples: Norcal Waste Systems Inc

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than twenty-four (24) hours notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises Premises, the premises of other tenants in the Building, or the Building, or for structural alterations, repairs repairs, additions or improvements to the Building or the Building’s systems and equipment. Tenant may have a representative of Tenant accompany Landlord during its entries (other than regularly scheduled entries made for the provision of janitorial services, etc.) provided that such representative is made available at the time of such entry and does not interfere with Landlord’s entry onto the Premises in accordance with the terms of this Article 27. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Sirna Therapeutics Inc)

ENTRY BY LANDLORD. After reasonable prior notice from Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except unless in the case event of an emergency), Landlord may enter the premises at reasonable hours (which shall be deemed to include all normal business hours) to enter the Premises to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders, insurer or tenants, (c) determine whether Tenant is complying with all its obligations hereunder, (d) supply janitorial service and any other service to current or prospective mortgageesbe provided by Landlord to Tenant hereunder, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiie) post notices of nonresponsibility; or , (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (Bf) take possession due to any breach of this Lease in the manner provided herein; and , (Cg) perform any covenants of Tenant which Tenant fails to perform. Landlord may make , and (h) repair, alter or improve the Premises or any such entries without portion of the abatement of RentBuilding, except whether pursuant to Section 40 hereof or as otherwise provided in this Leasefor herein, and may take for such reasonable steps purposes erect, use and maintain scaffolding, pipes, conduits and other structures in and through the Premises where reasonably required by the nature of the work to be performed; provided, however, that all such work shall be done as required promptly as reasonably possible and so as to accomplish cause as little interference with the stated purposesoperation of Xxxxxx’s business as reasonably possible. There shall be no abatement of any Rent by reason of Landlord’s entry of the Premises pursuant to this Section 17 and Tenant hereby waives any claims claim for damages, including but not limited to interference with business, lost profits, and any other incidental or consequential damages or of any sort whatsoever, for any injuries injury or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, or about the Premises, Premises (excluding Tenant’s vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry intointo or detainer of the Premises or an eviction, actual or a detainer ofconstructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisesthereof. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations alterations, or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Intersearch Group Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and at reasonable hours to (Aa) perform services required of Landlordinspect the same, including janitorial service; (Bb) take possession due exhibit the same to any breach of this Lease in the manner provided herein; and prospective purchasers, lenders, or tenants, (Cc) perform any covenants of determine whether Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided is complying with all its obligations in this Lease, (d) supply any service that this Lease obligates Landlord to provide to Tenant, (e) post notices of non-responsibility or similar notices, or (f) make repairs required of Landlord under the terms of this Lease or make repairs or alterations and may take additions to any adjoining space or utility services (including but not limited to the right to place alternative electric utility service provider wires and equipment within and through the Premises), or make repairs, alterations, or improvements to any other portion of the Shopping Center; however, all such reasonable steps work will be done as required promptly as reasonably possible and so as to accomplish the stated purposescause as little interference to Tenant as reasonably possible. Tenant hereby by this Article 20 waives any claims claim against Landlord, its agents, employees, or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant’s 's vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described shall by any means permitted under this Article 20 will not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Monthly Base Rent, Additional Rent, or other charges that this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.

Appears in 1 contract

Samples: Sri Surgical Express Inc

ENTRY BY LANDLORD. 18.01 Landlord reserves and its agents, upon giving 24 hours notice to Tenant’s management personnel at the Premises, shall have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises during normal business hours for the purpose of examining or inspecting the same, to (i) inspect them; (ii) supply any services to be provided by Landlord to Tenant hereunder, to show the Premises same to prospective purchasers, purchasers (or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Termterm to prospective tenants of the Premises), and to make such alterations, repairs, improvements, or additions, whether structural or otherwise, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building as Landlord may deem necessary or desirable. Landlord shall not make any such alterations, repairs, improvements, or additions which materially affect Tenant’s use or enjoyment of the Premises/Building’s systems /Property, and equipment. Notwithstanding anything any such alterations, repairs, improvements, or additions made by Landlord shall to the contrary contained best of Landlord’s ability be completed after Tenant’s business hours. Tenant shall have the right to have a representative present during any entry by Landlord. In the event said alterations, repairs, improvements, or additions are required during business hours, Landlord will work with Tenant to minimize the impact of Tenant’s use and enjoyment of the Premises. In the event of emergency and in the event Tenant’s employees are not at the Premises at the time of Landlord’s entry, Landlord may enter by means of a master key, without liability to Tenant except for any failure to exercise due care for Tenant’s property, and without affecting this Article 27, Lease. Landlord shall use reasonable efforts on any such entry not to unreasonably interrupt or interfere with Tenant’s use and occupancy of the Premises. Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants case of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Lease (Inverness Medical Innovations Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect themthem during normal business hours; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including Landlord during normal business hours (except for janitorial service; (B) take possession due to any breach of this Lease in the manner provided hereinservice which shall be performed after normal business hours); and (CB) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Tenant may, subject to Landlord’s prior approval, designate certain areas of this Lease the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may only enter such Secured Areas upon two (2) business days’ notice to Tenant which notice shall be construed as obligating specify the date and time of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to perform Tenant in the event of an emergency, in which case Landlord shall provide Tenant with notice of such entry promptly thereafter. Tenant acknowledges that Landlord shall have no obligation to provide janitorial service to any repairs, alterations or decorations such Secured Areas except as otherwise expressly agreed to be performed by Landlord hereinthe extent Tenant authorizes and permits access thereto for such purposes.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

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ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (and, except in the case of an emergency, upon reasonable notice to Tenant (which need not be in writing) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2728, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform (after applicable notice and cure periods). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s businessbusiness and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by (a) the negligence of Landlord or any Landlord Parties and not covered by (i.e., exceeding the coverage limits) the insurance required to be carried by Tenant hereunder (provided that, if covered by the insurance required to be carried by Tenant hereunder, then Landlord shall pay a portion of any commercially reasonable deductible in connection therewith equal to the portion of such injury or damage that arises from the negligence of Landlord or any Landlord Parties), or (b) the willful misconduct of Landlord or any Landlord Parties. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises in connection with such entries. In connection with Landlord’s entry into the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Notwithstanding any provision of this Lease to the contrary, Landlord agrees that, subject to Tenant’s compliance with its obligations pursuant to this Article 28 below, Landlord shall follow Tenant’s commercially reasonable security requirements in connection with any entry by Landlord into the Premises. If Tenant requires that all persons entering the Premises shall be attended by a representative of Tenant, Tenant shall make a representative available upon 24 hours’ prior telephone notice by Landlord. In the event of an emergency, however, Landlord shall use good faith efforts to follow Tenant’s security requirements, but Landlord will be required to give only such notice that it in good faith believes is feasible under the circumstances and need not wait to be accompanied by Tenant or its employees or representatives (although these parties may still accompany Landlord if they are available and wish to do so).

Appears in 1 contract

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

ENTRY BY LANDLORD. Subject to the terms of Section 23.2 below, Landlord reserves the right at all reasonable times and upon reasonable at least 48 hours’ advance written notice to Tenant (except no such notice shall be required in the case of an emergencyemergencies) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, or to the ground or underlying lessors or insurers orand, during the last twelve (12) months year of the Lease Term, to prospective tenants; (iii) post reasonable and customary notices of nonresponsibility; or and/or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentwhich Landlord is required to perform under this Lease. Notwithstanding anything to the contrary contained in this Article 2723, but subject to Section 23.2 below, Landlord may enter the Premises at any time to to: (A) perform regularly scheduled services required of Landlord, including janitorial service; and (B) take possession due subject to any breach all applicable terms and provisions of this Lease in the manner provided herein; and (C) Lease, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, Rent (except as otherwise expressly provided in this Lease, Section 6.5 above) and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Subject to Landlord’s indemnity of Tenant in Section 10.1.2 above, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: LNR Warner Center (United Online Inc)

ENTRY BY LANDLORD. Landlord reserves and its agents or representatives shall have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) the same, or to show the Premises to prospective purchasers, mortgagees, tenants or insurers, or to current clean or prospective mortgageesmake repairs, ground alterations or underlying lessors additions thereto, including any work that Landlord deems necessary for the safety, protection or insurers or, during the last twelve (12) months preservation of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; Building or (iv) alter, improve or repair the Premises or the Buildingany occupants thereof, or for structural alterationsto facilitate repairs, repairs alterations or improvements additions to the Building or any other tenants' premises. Except for any entry by Landlord in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Building’s systems Premises, which notice may be given verbally. If reasonably necessary for the protection and equipmentsafety of Tenant and its employees, Landlord shall have the right to temporarily close the Premises to perform repairs, alterations or additions in the Premises. Entry by Landlord hereunder shall not constitute a constructive eviction or entitle Tenant to any abatement or reduction of Rent by reason thereof. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use perform any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the a manner hereinbefore described shall not be deemed that is reasonably designed to be a forcible minimize any interference with Tenant's access to or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion use of the Premises. No provision In the event the making of this any such repair, alteration, improvement or addition shall cause the Premises to be inaccessible or unusable by Tenant, as determined in Tenant's reasonable judgment, for a period of ten (10) days, then Base Rental and Additional Base Rental payable under the Lease shall be construed as obligating Landlord to perform any repairs, alterations xxxxx during the period beginning on the eleventh (11th) day that the Premises are inaccessible or decorations except as otherwise expressly agreed to be performed unusable and ending on the date on which the Premises are once again accessible and usable by Landlord hereinTenant.

Appears in 1 contract

Samples: Office Lease Agreement (First Capital Income Properties LTD Series Xi)

ENTRY BY LANDLORD. Landlord reserves the right at all may with reasonable times and upon reasonable prior notice to Tenant (except which shall in the case of an emergencyno event be more than 24 hours prior notice) to enter the Premises at reasonable hours to (ia) inspect themthe same; (iib) show exhibit the same to prospective purchasers, lenders or tenants, provided, however, that Landlord shall only exhibit the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last twelve final ninety (1290) months days of Tenant's occupancy of the Lease Term, to prospective tenantsPremises; (iiic) make repairs or perform maintenance required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building; (d) supply janitor service and any other service to be provided by Landlord to Tenant under this Lease; and (e) post notices of nonresponsibility; or (iv) alternon-responsibility, improve or repair the Premises or the Buildingprovided, or for structural alterationshowever, repairs or improvements that all such work shall be done as promptly as reasonably practical and so as to the Building or the Building’s systems and equipment. Notwithstanding anything cause as little interference to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesreasonably practical. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, 's business or any loss of occupancy or quiet enjoyment of the PremisesPremises occasioned by such entry, and any other loss occasioned therebyexcept for the gross negligence or willful misconduct of Landlord. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant’s 's server room vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the Tenant's doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described an emergency shall not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease thereof and Landlord shall be construed have no liability to Tenant as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereina result thereof.

Appears in 1 contract

Samples: Office Lease (Redenvelope Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable Upon not less than twenty four (24) hours’ prior notice to Tenant (except in the case of an emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, for the following purposes: (i) inspect theminspecting and maintaining the Premises; (ii) show making repairs, alterations or additions to the Premises that are allowed or that are Landlord’s responsibility under this Lease; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or repair thereof, as required or permitted by any Law, and (vi) placing “For Sale” signs, and showing the Premises to prospective purchasersLandlord’s existing or potential successors, or to current or prospective mortgageespurchasers and lenders. Tenant shall permit Landlord and Landlord’s agents, ground or underlying lessors or insurers or, during the last at any time within twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements prior to the Building Expiration Date (or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to during the Lease Term that Tenant is in default hereunder beyond any breach of this Lease in the manner provided herein; applicable notice and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided cure period expressly set forth in this Lease), to place upon the Premises “For Lease” signs, and may take such exhibit the Premises to real estate brokers and prospective tenants at reasonable steps as required to accomplish hours. At any time when Tenant does not rent all rentable space in the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the PremisesProject, and at any other loss occasioned thereby. For each of time within twelve (12) months prior to the above purposes, Landlord shall Expiration Date (or at any time during the Lease Term that Tenant is in default hereunder beyond any applicable notice and cure period expressly set forth in this Lease ) if Tenant does rent all times have a key with which to unlock all the doors rentable space in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyProject, Landlord shall have the right to use any means that Landlord may deem proper to open place “For Lease” signs within the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinexterior Common Area.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

ENTRY BY LANDLORD. In addition to the access rights provided under Section 3.1 of the Work Letter, Landlord reserves the right at all reasonable times and upon reasonable no less than 24 hours notice to Tenant (except in the case event of an emergency, in which case reasonable notice shall be provided) to the Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during tenants (but only within the last twelve eight (12) 8) months of the Lease Term, to for prospective tenants), or to the ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or Building, provided Landlord’s entry does not unreasonably interfere with Tenant’s use of the Building’s systems and equipmentPremises. Notwithstanding anything to the contrary contained in this Article 2727 or Section 3.1 of the Work Letter, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Lease (Buy Com Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, contractors and upon reasonable notice to Tenant (except in the case of an emergency) to representatives may enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) 12 months of the Lease TermTerm show the Premises, to prospective tenants; (iii) post notices of nonresponsibility; clean and make reasonable repairs, alterations or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements additions to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and to conduct or facilitate reasonable repairs, alterations or additions to any other loss occasioned thereby. For each portion of the above purposesBuilding, including other tenants' premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord shall at all times have a key provide Tenant with which to unlock all the doors in reasonable prior notice of entry into the Premises, excluding Tenant’s vaults, safes which may be given orally. If reasonably necessary for the protection and special security areas designated in advance by Tenant. In an emergencysafety of Tenant and its employees, Landlord shall have the right to use any means that temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord may deem proper will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours. Entry by Landlord shall not constitute constructive eviction, or entitle Tenant to open an abatement or reduction of Rent (except as expressly set forth in this Lease). Notwithstanding the doors foregoing, except in and emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts not to unreasonably interfere with the conduct of the business of Tenant in the Premises. Any entry into However, the Premises by Landlord in the manner hereinbefore described foregoing shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating require Landlord to perform work after Normal Business Hours unless Tenant agrees to reimburse Landlord for the extra cost incurred in connection with such work which exceeds the cost for such work which would have been incurred had it been performed during Normal Business Hours. Notwithstanding anything to the contrary set forth in this Article XI, Tenant may designate certain areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord need not clean any repairsarea designated by Tenant as a Secured Area and shall only maintain or repair such Secured Areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building structure and/or the Building systems and equipment; (ii) as required by Law, alterations or decorations except as otherwise expressly agreed (iii) in response to be performed specific requests by Landlord hereinTenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval.

Appears in 1 contract

Samples: Office Lease Agreement (Inktomi Corp)

ENTRY BY LANDLORD. 19.1 Landlord reserves and its designees may enter the right Demised Premises at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (ia) inspect them; the Demised Premises (iib) show exhibit the Demised Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, purchasers and lenders and during the last twelve nine (129) months of the Lease Term, to prospective tenants; , (iiic) post notices determine whether Tenant is complying with all of nonresponsibility; its obligations hereunder, (d) supply janitor service and any other services to be provided by Landlord to Tenant hereunder, and (e) make repairs required of Landlord under the terms hereof or (iv) alterrepairs to any adjoining space or utility services or make repairs, improve or repair the Premises or the Building, or for structural alterations, repairs alterations or improvements to the Building or any other portion of the Building’s systems and equipment; provided, however, that all such work shall be done as promptly as reasonably possible. Notwithstanding anything to the contrary contained in this Article 27In connection with such entry, Landlord may shall use its commercially reasonable efforts not to interfere with Tenant's business operations in the Demised Premises and minimize any such interference and, except in an Emergency (as hereinafter defined), to only enter the executive offices and other areas containing confidential information with the Demised Premises at any time with the prior consent of Tenant. Except pursuant to (Ad) perform services required above and in an emergency, an event requiring immediate action, e.g., danger to health, life or property, fire water seepage, sewer backup or cessation or interruption of any facility servicing the like, (an "Emergency"), Landlord shall give Tenant reasonable prior notice (which need not be in writing) of entering into the Demised Premises and Tenant may accompany Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Demised Premises or any other loss occasioned therebyby such entry during an Emergency. For each In the event of the above purposesan Emergency, Landlord shall at all times have a key with which give reasonable notice under the circumstances prior to unlock all entering the doors in the Demised Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Lease (Covisint Corp)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times (except as provided below) have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) the same, upon reasonable prior notice to Tenant, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchaserspurchasers or tenants, or upon reasonable prior notice to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease TermTenant, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) , to alter, improve or repair the Premises or any other portion of the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at ,* all without being deemed guilty of any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants eviction of Tenant which Tenant fails to performand without abatement of rent. Landlord may make any may, in order to carry out such entries without purposes, erect scaffolding and other necessary structures where reasonably required by the abatement character of Rentthe work to be performed, except provided that the business of Tenant shall be interfered with as otherwise provided in this Lease, and may take such reasonable steps little as required to accomplish the stated purposesreasonably practicable. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profitsTenaxx'x xusiness, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyin, upon and about the Premises. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes Tenaxx'x xaults and special security areas designated in advance by Tenantsafes. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, into the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premisesthereof, and any damages caused on account thereof shall be paid by Tenaxx. No Xx is understood and agreed that no provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed herein by Landlord. *(with reasonable prior notice to be performed by Landlord herein.Tenant for non-routine repairs and maintenance)

Appears in 1 contract

Samples: Letter Agreement (Stac Inc)

ENTRY BY LANDLORD. Landlord reserves may enter the right Premises at all reasonable times and upon reasonable hours with notice to Tenant (except in the case of an emergency) to enter the Premises to (ia) inspect themthe Premises; (iib) show exhibit the Premises to prospective purchasers, lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiic) determine whether Tenant is complying with all obligations under this Lease; (d) and 24 hour notice to Tenant to supply janitorial service and any other services to be provided by Landlord under this Lease; (e) post notices of nonresponsibility; and (f) make repairs or (iv) alterperform maintenance required of Landlord by this Lease, improve make repairs to any adjoining space or repair the Premises or the Buildingutility services, or for structural make repairs, alterations, repairs or improvements to the Building or any other portion of the Building. However, all this work shall be done as promptly as reasonably possible and cause as little interference to Tenant as reasonably possible. Subject to Landlord’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease undertakings in the manner provided herein; and (C) perform any covenants of previous sentence, Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any damage claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any business or loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises caused by Landlord’s entry. For each of the above purposes, At all times Landlord shall at all times have a key with which to unlock all the doors in on the Premises, excluding Tenant’s vaults, safes safes, and special security similar areas designated as secure areas in advance writing by TenantTenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord may deem deems proper to open the Tenant’s doors in and to enter the Premises. Any entry into Entry to the Premises by Landlord in the manner hereinbefore described an emergency shall not be deemed to be construed as a forcible or unlawful entry intoentry, or a detainer of, the Premisesdetainer, or an actual or constructive eviction of Tenant. Notwithstanding the foregoing, Landlord shall provide Tenant from any portion of with 24 hours notice prior to entering the Premises. No provision , except in the event of this Lease shall be construed as obligating an emergency, Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinmay enter the Premises without providing such notice.

Appears in 1 contract

Samples: Office Lease (Digital Music Group, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable a minimum of twenty-four (24) hours’ notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may reasonably deem proper to open the doors in and to the Premises. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Xxxxxx's business in connection with entries into the Premises and agrees to comply at all times with Tenant’s reasonable safety protocols and regulations when entering the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.38

Appears in 1 contract

Samples: Lease (Myriad Genetics Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, and its duly authorized representatives, shall, upon reasonable prior notice to Tenant (except in the case of an emergency) , when no notice shall be required), have the right to enter the Premises to at all reasonable times (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; case of emergency) for the purposes of inspecting the condition of same and (C) perform any covenants of Tenant which making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to perform. do so as required hereunder (but the Landlord may shall have no duty whatsoever to make any such entries without the abatement of Rentinspections, repairs, alterations, additions or improvements except as otherwise provided in this Lease), and may take such reasonable steps as required to accomplish show the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience Premises to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment prospective tenants during the twelve (12) months preceding expiration of the PremisesLease Term and at any reasonable time during the Lease Term to show the Premises to prospective purchasers and mortgagees.TENANT’S PAYMENTS. Any Additional Rent due hereunder, except for monthly payments on account of Operating Expenses and Taxes, shall be payable, unless otherwise provided in this Lease, within ten (10) days after written demand by Landlord. If Tenant does not timely pay any other loss occasioned thereby. For each amount of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyAdditional Rent, Landlord shall have all the right rights and remedies available to use Landlord hereunder or by law in the case of non-payment of Annual Fixed Rent. If Tenant has not objected to any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises statement of Additional Rent which is rendered by Landlord in to Tenant within ninety (90) days after the manner hereinbefore described date thereof, then the same shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of final account between Landlord and Tenant from not subject to any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinfurther dispute.

Appears in 1 contract

Samples: Lease Agreement (Hubspot Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than twenty-four (24) hours prior notice to Tenant (except which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers insurers, or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant Xxxxxx fails to perform. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Xxxxxx’s business in connection with such entries into the Premises. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s businessbusiness and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Xxxxxx’s business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises in connection with such entries. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.. FOUR EMBARCADERO CENTER 607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -45- [AMLGMN]

Appears in 1 contract

Samples: Office Lease (NightHawk Radiology Holdings Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable verbal notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, during the last twelve (12) months of the Lease Term, to or prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2726, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages (other than personal injury and property damage to the extent caused by Landlord’s LAKESHORE TOWERS BUILDING II [United PanAm Financial Corp.] negligence or willful misconduct in connection with an entry by Landlord into the Premises) or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (United Pan Am Financial Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, during the last twelve (12) months of the Lease Term, to or prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2726, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages (other than personal injury and property damage to the extent caused by Landlord’s 37 LAKESHORE TOWERS BUILDING III [Quality Systems, Inc.] negligence or willful misconduct in connection with an entry by Landlord into the Premises) or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Quality Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment use of the Premises, Premises and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord performed after normal business hours if reasonably practical. With respect to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.items

Appears in 1 contract

Samples: Work Letter Agreement (Dexcom Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable twenty four (24) hours’ prior notice to Tenant (except in the case of an emergency) to enter the Premises at all reasonable times to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of this Lease or access to the Premises in connection with any such entry, and such comply with Tenant’s reasonable security measures. Without limiting the foregoing, except in an emergency, Landlord shall be construed not enter into any portion of the Premises identified to Landlord as obligating an area containing sensitive business information unless accompanied by a representative of Tenant. Landlord to perform shall hold confidential any repairs, alterations or decorations except information regarding Tenant’s business learned as otherwise expressly agreed to be performed by Landlord herein.a result of any such entry

Appears in 1 contract

Samples: Lease (Aligos Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) and at all times (except in the case of an emergency) accompanied by an authorized representative of Tenant and subject to Tenant's reasonable rules and regulations, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding as permitted or required by the terms of this Lease, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentStructure. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial serviceLandlord under this Lease after reasonable notice to Tenant; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform (after any applicable notice and cure periods). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Except as otherwise set forth in Section 6.4, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.advance

Appears in 1 contract

Samples: Center Office Lease (Farville Inc)

ENTRY BY LANDLORD. Subject to Tenant's reasonable security requirements, Landlord reserves the right at all reasonable times and upon reasonable prior notice to Tenant (except in the case of an emergencyemergency in which case no prior notice shall be required) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last nine (9) months of the Lease Term, to prospective tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform, following any applicable notice and cure period set forth herein. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Notwithstanding anything to the contrary contained herein, in connection with any entry into the Premises by Landlord pursuant to this Article 27, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of, and access to, the Premises.

Appears in 1 contract

Samples: Office Lease (Schuler Homes Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during the hours of 8:00 A.M. to 6:00 P.M. Monday through Friday, and on Saturdays from 9:00 A.M. to 1:00 P.M. with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease TermTerm (but subject to Tenant’s right to designate in advance special security areas as set forth herein below), to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentequipment in accordance with the terms and conditions of this Lease. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant Xxxxxx fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Roka BioScience, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform after applicable notice and cure rights are provided under this Lease. Landlord may make any such entries without the abatement 692500.09/WLA371593-00023/6-13-12/ao/ao -00- XXX XXXXXX[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Concur Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and may, upon reasonable 24 hours notice to Tenant (Tenant, except ----------------- in the case of an emergency) to , enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserspurchasers or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiid) post notices of nonresponsibility; or non-responsibility, and (ive) alter, improve or repair the Premises or any portion of the BuildingReal Property. In connection with any such alteration, improvement or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27repair, Landlord may enter erect in the Premises at or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall Tenant's rent xxxxx as a result of any time such entry or work; provided, however, that all such work shall be done in such a manner as to (A) perform services required cause as little interference to Tenant as reasonably possible. Except in the event of Landlord's gross negligence or willful misconduct, including janitorial service; (B) take possession due Landlord shall not be liable in any manner for any inconvenience, loss of business or other damage to any breach Tenant or other persons arising out of this Lease in Landlord's entry on the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except Premises as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesParagraph 23. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.

Appears in 1 contract

Samples: Lease Unit (Natus Medical Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises Premises, after first checking in with Tenant’s receptionist or other representative of Tenant (if such receptionist or other representative is available at the time of such entry), to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, contractors and upon reasonable notice to Tenant (except in the case of an emergency) to representatives may enter the Premises to (i) inspect them; (ii) or show the Premises to prospective purchaserspurchasers or tenants, mortgagees, encumbrancers or to current or others (as to prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last twelve (12) months of the Lease Term), to prospective tenants; (iii) post notices of nonresponsibility; clean and make repairs, alterations or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements additions to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and to conduct or facilitate repairs, alterations or additions to any other loss occasioned thereby. For each portion of the above purposesBuilding, Including other tenants' premises, and to inspect and repair the Equipment (as defined herein) and, as permitted in the Equipment Lease, remove the Equipment from the Premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord shall at all times have a key provide Tenant with which to unlock all the doors in reasonable prior notice of entry into the Premises, excluding Tenant’s vaults, safes which may be given orally. If reasonably necessary for the protection and special security areas designated in advance by Tenant. In an emergencysafety of Tenant and its employees, Landlord shall have the right to use any means that temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord may deem proper will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours. Entry by Landlord shall not constitute constructive eviction or, except as expressly provided in this Article XI, entitle Tenant to open an abatement or reduction of Rent. Notwithstanding the doors foregoing, except in and emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts not to unreasonably interfere with the conduct of the business of Tenant in the Premises. Any entry into However, the foregoing shall not require Landlord to perform work after Normal Business Hours unless Tenant agrees to reimburse Landlord for the extra cost incurred in connection with such work which exceeds the cost for such work which would have been incurred had it been performed during Normal Business Hours. Notwithstanding the foregoing, if Landlord temporarily closes the Premises by Landlord as provided above for a period in excess of 4 consecutive days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the manner hereinbefore described period beginning on the 6th consecutive day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be deemed entitled to be a forcible or unlawful entry into, or a detainer of, an abatement if the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Landlord hereinTenant in its maintenance and repair obligations under the Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Ziprealty Inc)

ENTRY BY LANDLORD. Landlord reserves or its agents may enter the right Premises at reasonable hours to exhibit same to prospective purchasers or tenants, to inspect the Premises to see that Tenant is complying with all reasonable times of its obligations hereunder, and upon reasonable notice to Tenant make repairs, improvements, alterations or additions which Landlord shall deem necessary for the safety, preservation or improvement of the Premises or for compliance with applicable laws; provided, however, that (i) Landlord shall, except in the case of an emergency) to enter , afford Tenant reasonable prior notification of any entry into the Premises to (i) inspect them; (ii) show the Premises extent reasonably practical under the circumstances and, to prospective purchasersthe extent reasonably practical under the circumstances, permit a representative of Tenant to accompany Landlord or its agents, employees, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained independent contractors while such parties are in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, (ii) Landlord shall at all times have a key use reasonable efforts not to materially interfere with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into 's operations within the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful connection with any such entry intoand performance of any such repairs, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairsadditions, alterations or decorations improvements. Tenant agrees to provide Landlord with entry to the Premises including a key permitting such entry for purposes of accomplishing the foregoing. Landlord shall be allowed to take all material into and upon the Premises that may be required to make such repairs, improvements, alterations or additions for the benefit of Tenant without in any way being deemed or held guilty of an eviction of Tenant, and the Base Monthly Rental, Additional Rent and other charges hereunder shall in no wise axxxx while said repairs, improvements, alterations or additions are being made, except as to the extent otherwise expressly agreed provided in Paragraphs 17 and 18 below. All such repairs, improvements, alterations and additions shall be done during ordinary business hours, or, if any such work is at the request of Tenant to be performed by Landlord hereindone during any other hours, Tenant shall pay for all overtime costs.

Appears in 1 contract

Samples: 8 Lease Agreement (Armitec Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or(but as to prospective tenants, only during the last twelve (12) months of the Lease Term, to prospective tenantsTerm unless Tenant is in Default under this Lease); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment; provided, however, Landlord shall enter the Premises only after normal business hours to the extent reasonably practicable in connection with the foregoing. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives Any such entries shall be performed by Landlord as expeditiously as reasonably possible and in a manner so as to minimize any claims for damages or for any injuries or inconvenience to or interference with the conduct of Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. No reentry into or taking of possession of the Premises by Landlord pursuant to this Article 27 shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. No notice from Landlord under this Lease or under a forcible entry and detainer statute or similar law will constitute an election by Landlord to terminate this Lease unless such notice specifically says so. Landlord reserves the right following any such reentry or re-letting, or both, to exercise its right to terminate this Lease by giving Tenant such written notice, and, in that event the Lease will terminate as specified in such notice. Tenant may designate certain areas of the Premises as "SECURED AREAS" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval.

Appears in 1 contract

Samples: Office Lease (Navarre Corp /Mn/)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, and its duly authorized representatives, shall, upon reasonable prior notice to Tenant (except in the case of an emergency) , where no such notice shall be required), have the right to enter the Premises at all reasonable times (at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (i) inspect them; (ii) but Landlord shall have no duty whatsoever to make any such inspections, repairs, alterations, additions or improvements except as otherwise provided in Sections 4.4, 7.1 and 7.2 and Exhibit B), and to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last twelve twenty-four (1224) months preceding expiration of the term of this Lease Term, as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair purchasers and mortgagees. If Landlord’s access to the Premises for any purposes permitted under this Lease requires Landlord to access or work in any controlled or restricted areas within the BuildingPremises, or then, except in case of emergency, Landlord must be accompanied by a Tenant representative (Tenant hereby agreeing to make a representative available during mutually convenient times for structural alterationssuch purposes). To the extent possible under the circumstances, Landlord shall schedule non-emergency access to and repairs or improvements and maintenance within the Premises outside of normal business hours. In connection with all repairs and maintenance performed by Landlord within the Premises pursuant to this Section 16.19, Landlord shall use commercially reasonable efforts to assure the safety of all persons affected thereby. In the event Tenant sends a notice alleging an emergency with respect to the Building existence of a dangerous or the Buildingunsafe condition, any requirements for prior notice or limitations on Landlord’s systems and equipment. Notwithstanding anything access to the contrary Premises contained in this Article 27, Lease shall be deemed waived by Tenant so that Landlord may enter the Premises at any time immediately exercise its rights under this Section 16.19 and Section 16.17 in such manner as Landlord deems necessary in its sole discretion to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease remedy such dangerous or unsafe condition. Except in the manner provided herein; and (C) perform any covenants event of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right use commercially reasonable efforts to minimize any interference with Xxxxxx’s operations and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into occupancy of the Premises in connection with the exercise of any of the foregoing rights under this Section 16.19, consistent with the nature of the activities being undertaken by Landlord hereunder. Landlord shall comply with all Legal Requirements in connection with the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction exercise of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinforegoing rights.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves Landlord, its agents, employees and contractors reserve the right at all reasonable times and during normal business hours, upon reasonable prior notice to Tenant Tenant, which notice may be given orally (except in the case of an emergencyEmergency, in which case no prior notice shall be required) to enter the Premises to (ia) inspect them; (iib) show the Premises to current or prospective purchasers, or to current or prospective mortgageesMortgagees, insurers, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiic) post notices of nonresponsibility; or (ivd) improve, alter, improve clean, maintain or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentPremises. Notwithstanding anything to the contrary contained in this Article 2726, Landlord Landlord, its agents, employees and contractors, may enter the Premises at any time without prior notice to Tenant to (Ai) perform services required of Landlord, including including, without limitation, janitorial service; (Bii) access common areas or other areas that serve one or more tenants (other than Tenant) (including, without limitation, any electrical; data or cabling closet [“IDF Closer]) and Tenant shall not block or obstruct access to any such common areas or facilities or equipment (without limiting the foregoing, Tenant shall not block or obstruct access to the fire shutters or IDF Closet located in the Premises); (iii) to improve, alter, clean, maintain or repair the Building, or to make structural and non-structural installations (including, without limitation, installations of cable and wiring), alterations, repairs, replacements, maintenance, inspections or improvements to the Building or the Building Systems and equipment (including, without limitation, to serve or improve other tenants’ premises); and (iv) take possession due to any breach of this Lease in the manner provided herein; . Notwithstanding anything to the contrary contained herein, Tenant shall also permit other tenants and such tenant’s agents, employees and contractors to enter the Premises for the purposes set forth in clauses (ii) and (Ciii) perform any covenants of Tenant which Tenant fails to performabove. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in an Emergency, Xxxxxxxx will not close the Premises if the work can reasonably be completed on weekends and after Building Hours. In connection with any entry into the Premises, Xxxxxxxx agrees to use reasonable efforts to minimize interference with Xxxxxx’s operations in the Premises caused by such entry and to minimize the duration of any such interference. Tenant hereby waives any claims Claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby any entry into the Premises pursuant to this Article 26. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyEmergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may deem proper reasonable to open the doors in and to enter the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described any party that is permitted to so enter pursuant to this Article 26 and work performed by any such party hereunder is hereby consented to by Tenant and shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the PremisesPremises or entitle Tenant to an abatement of Rent. No provision Notwithstanding the foregoing to the contrary, if Landlord requires Tenant to close the Premises during Building Hours pursuant to this Article 26 for a period of this Lease more than seventy-two (72) hours, Tenant shall be construed as obligating Landlord entitled to perform any repairsan abatement of Rent, alterations or decorations except as otherwise expressly agreed commencing after the expiration of such seventy-two (72) hour period and continuing thereafter during the rest of the period that the Premises are so required to be performed by Landlord hereinclosed.

Appears in 1 contract

Samples: Office Lease (Cambium Networks Corp)

ENTRY BY LANDLORD. 13.1 Landlord reserves and its agents shall have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises escorted by an employee or representative of Tenant, at all reasonable times, upon prior verbal notice to (i) inspect them; (ii) show Tenant as set forth below for the Premises to prospective purchasers, purpose of examining or to current or prospective mortgagees, ground or underlying lessors or insurers or, during inspecting the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premisessame, and any other loss occasioned thereby. For each services to be provided by Landlord to Tenant hereunder, to show the same to prospective bona fide purchasers, lenders, investors or tenants of the above purposesBuilding (collectively, “Prospect Visits”), and to make such alterations, repairs, improvements or additions, whether structural or otherwise, to the Premises or to the Building as Landlord may deem necessary or desirable. Tenant shall at all times have reasonably cooperate with Landlord to permit such access and provide an escort. Notices for entry shall be given to an officer or supervisor of Tenant, as set forth on a key with which written list delivered by Tenant to unlock all Landlord. Notwithstanding the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyabove, Landlord shall have the right (but not the obligation) to use any means enter unescorted and without notice for janitorial services (if not supplied by Tenant) or if Landlord reasonably believes that there exists an emergency. Landlord may deem proper enter by means of a master key without liability to open Tenant except for any failure to exercise due care for Tenant’s property and without affecting this Lease. Landlord shall use reasonable efforts to give Tenant not less than 48 hours prior notice of Prospect Visits and will coordinate such entry with Tenant so as to not interfere with any of Tenant’s film production including delaying or scheduling of such visits after business hours if reasonably requested by Tenant. If such Prospect Visits exceed ten (10) per calendar year then Landlord will pay to Tenant for each additional visit during such calendar year a visitation fee equal to $50.00 per hour for each additional Prospect Visit during the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoapplicable calendar year, or a detainer of, the Premises, or an actual or constructive eviction prorata for any partial hour of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinvisitation.

Appears in 1 contract

Samples: Office Lease (Gaiam Inc)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times and upon reasonable prior notice (provided that no advance notice need be given if an emergency [as determined by Landlord in its good faith judgment] necessitates an immediate entry or prior to Tenant (except in the case of an emergency) entry to provide routine janitorial services), enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders or purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve final fifteen (1215) months of the Lease Termterm, to prospective tenants; , (iiid) post notices of nonresponsibility; or non-responsibility, and (ive) alter, improve or repair the Premises or any other portion of the BuildingReal Property. In connection with any such alteration, improvement or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27repair, Landlord may enter erect in the Premises at or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any time to (A) perform services required of Landlordliability whatsoever, including janitorial service; (B) take possession due but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible and shall, in any breach of this Lease in the manner provided herein; and (C) event, perform any covenants extraordinarily noisy or disruptive work after Business Hours or on weekends to the extent such procedures would be generally followed by operators of Tenant which Tenant fails comparable buildings in downtown Oakland (except to performthe extent an emergency and/or Legal Requirements require otherwise, as determined by Landlord in good faith). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaultssecure rooms or closets, safes vaults and special security areas designated in advance by Tenantsafes. In If an emergencyemergency necessitates immediate access to the Premises (including any secure areas), Landlord shall have may use whatever force is necessary to enter the right to use Premises and any means that Landlord may deem proper to open the doors in and such entry to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.

Appears in 1 contract

Samples: Office Lease (Cra International, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve ten (1210) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, including, without limitation, Section 19.5.2 of this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby except with respect to direct damages to property or persons (i.e., not including any lost profits, speculative or consequential damages) to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Parties in connection with entry by Landlord or any Landlord Parties into the Premises pursuant hereto. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Arrowhead Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. Landlord reserves may enter the right Premises to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the Building. Except in emergencies or to provide Building services, Landlord shall provide Tenant with at least twenty-four (24) hours’ prior written notice of entry (which may be by email). In connection with any such entry for non-emergency work performed during Building Service Hours, Landlord shall use reasonable efforts, consistent with the operation of a first-class high rise building, not to unreasonably interfere with Tenant’s use of the Premises, and will use commercially reasonable efforts not to close the Building or prevent access to the Premises (subject to Landlord’s reasonable judgment in connection with emergencies or imminent damage or danger). If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. Landlord shall not close the Premises during Building Service Hours if the work can reasonably be performed on weekends and/or after Building Service Hours. Any such entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, in the event that the Premises is closed or access thereto is completely denied in connection with any such repairs, alterations or additions and not due to Force Majeure, and such prohibited access continues for more than one (1) day, then commencing on the second day of such prohibited access, Rent shall xxxxx for each day that Tenant is prevented from having any access to the Premises due to such work and not due to Force Majeure (it being acknowledged and agreed that there shall be no abatement of Rent so long as Tenant has minimum access to the Premises nor shall there be any abatement of Rent in connection with any Force Majeure). Tenant shall at all reasonable times and upon reasonable notice to Tenant (times, except in the case of an emergency) emergencies, have the right to enter escort Landlord or its agents, representatives, contractors or guests while the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors same are in the Premises, excluding provided that Tenant makes such representative available when such access is reasonably agreed and provided that such escort does not materially and adversely affect Landlord’s access rights hereunder. Landlord shall use reasonable efforts to comply with Tenant’s vaultsreasonable security, safes confidentiality and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right safety requirements with respect to use any means that Landlord may deem proper to open the doors in and to entering restricted portions of the Premises. Any ; provided, however, that Tenant has notified Landlord of such security, confidentiality and safety requirements reasonably prior to Landlord’s entry into the Premises and provided further that in no event shall Tenant bar or prohibit access by Landlord in and its employees, agents and contractors for the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion performance of the Premises. No provision obligations of Landlord or the exercise of the rights of Landlord under this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinLease.

Appears in 1 contract

Samples: Lease Agreement (Ikena Oncology, Inc.)

ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and its employees, agents and contractors to enter the right at Premises and all reasonable times and parts thereof upon reasonable not less than twenty-four (24) hours’ notice, which may be oral (or without notice to Tenant (except in the case of an emergency) at all reasonable times, subject to enter Tenant’s reasonable security requirements, for any of the Premises to following purposes: (i) to inspect themthe Premises; (ii) to maintain the Premises; (iii) to make such repairs to the Premises as Landlord is obligated or may reasonably elect to make; (iv) to make repairs, alterations or additions to any other portion of the Building; (v) to show the Premises and to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, post “For Lease” signs for the purposes of re-letting the Premises during the last twelve (12) months of the Lease Term, ; (vi) to show the Premises to prospective tenantslenders or purchasers of the Building; and (iiivii) to post notices of nonresponsibility; or (iv) alterprovided, improve or repair the Premises or the Buildinghowever, or for structural alterations, repairs or improvements that any such entry shall be accomplished reasonably expeditiously and in a manner so as to the Building or the Building’s systems cause reasonably little interference to Tenant and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performshall be performed after business hours if reasonably practical. Landlord may make shall have such right of entry without any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required Rent to accomplish the stated purposesTenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, Premises occasioned by such right of entry by Landlord. Landlord acknowledges and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means agrees that Tenant may require that Landlord may deem proper to open the doors in and to the Premises. Any be accompanied by an employee of Tenant during any such entry into the Premises by Landlord; provided, however, that in no event shall the unavailability of such escort at the time that Landlord is permitted to enter the Premises delay Landlord’s entry into the Premises as permitted hereunder. Even in emergency situations, Landlord shall use commercially reasonable efforts (with commercially reasonable meaning in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion circumstances of the Premises. No provision of this Lease shall be construed as obligating Landlord emergency) to perform minimize any repairs, alterations or decorations except as otherwise expressly agreed disruption to be performed by Landlord hereinTenant’s business operations.

Appears in 1 contract

Samples: Triple Net Space Lease (Financial Engines, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. In connection with the foregoing entries described in (i)-(iv), (x) employees of Landlord will sign in and wear a badge provided by Tenant, and (y) Tenant shall be permitted the opportunity to cause a representative of Tenant to accompany Landlord during any such entry (except in the case of emergency), provided that such representative of Tenant does not unreasonably interfere with or delay Landlord exercising its rights or satisfying its obligations hereunder (collectively, the “Access Requirements”). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any reasonable time to (A) perform services required of Landlord, including janitorial serviceservice and access control personnel responding to calls/requests; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. In connection with the foregoing entries described in (A)-(C), employees of Landlord shall not be required to comply with the Access Requirements. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with such entries into the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.. 811311.04/WLA 378421-00002/2-14-20/mem/mem -56- 000 XXXXXXX XXXXXXXXX [Akero Therapeutics, Inc.]

Appears in 1 contract

Samples: Office Lease (Akero Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, contractors and upon reasonable notice to Tenant (except in the case of an emergency) to representatives may enter the Premises to inspect or during the last 12 months of the Term (i) inspect them; (iior 12 months before the termination date for any portion of the Premises as to which Tenant is exercising the Termination Option granted by Section XXX.V below) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, provided that Landlord may enter the Premises at any time point during the Term to (A) perform services required show the Premises in connection with a sale of Landlordthe Building or a portion thereof), including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; clean and (C) perform any covenants of Tenant which Tenant fails make repairs, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and to conduct or facilitate reasonable repairs, alterations or additions to any other loss occasioned thereby. For each portion of the above purposesBuilding, including other tenants' premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord shall at all times have a key provide Tenant with which to unlock all the doors in reasonable prior notice of entry into the Premises, excluding Tenant’s vaults, safes which may be given orally. If reasonably necessary for the protection and special security areas designated in advance by Tenant. In an emergencysafety of Tenant and its employees or other tenants of the Building, Landlord shall have the right to use temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours. If Landlord observes the requirements of this Section XI, entry by Landlord shall not constitute constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding any means that contrary provision of this Lease, except in emergency situations as determined by Landlord, Landlord may deem proper shall exercise reasonable efforts: (1) not to open unreasonably interfere with the doors conduct of the business of Tenant in and to the Premises; and (2) if entry during Normal Business Hours would unreasonably interfere with Tenant's business, to perform such entry during hours other than Normal Business Hours. Any entry into the Premises by Landlord in the manner hereinbefore described Landlord, however, shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord required to perform any repairs, alterations such entry after Normal Business Hours if Landlord's entry is necessitated by the acts or decorations except as otherwise expressly agreed to be performed by Landlord herein.omissions of Tenant

Appears in 1 contract

Samples: Office Lease Agreement (Inktomi Corp)

ENTRY BY LANDLORD. Subject to the provisions of this Lease, and provided Landlord uses commercially reasonable efforts to minimize any interference with Tenant's business, Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except or in the case of an emergencyemergency upon such notice as is reasonable under the circumstances) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageestenants, ground or underlying lessors or insurers or, during the last (provided that such right shall not extend to prospective tenants until twelve (12) months of prior to the Lease Term, to prospective tenantsExpiration Date); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentLandlord Maintenance Items. Notwithstanding anything to the contrary contained in this Article 27, and subject to the notice requirements set forth in Section 19.1.2, above, and Landlord's compliance with the terms of Section 26.1, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except Except as otherwise expressly provided in this Lease, any such entries shall be without the abatement of Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims (not including claims for physical property damages (subject to Section 10.4 hereof) or personal injury damages) for any injuries or inconvenience to or interference with Tenant’s business, 's business or lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem in good xxxxx xxxx proper to open the doors in and to the Premises. Any Subject to the provisions of this Lease, any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No Notwithstanding the foregoing, as reasonably necessary in connection with Tenant's business use of the Premises, Tenant may designate certain secure areas, and on prior written notice to Landlord of these areas, Tenant may deny Landlord access to such areas except in an emergency or when Landlord is accompanied by Tenant. Subject to the provisions of this Lease, no provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Investment Trust Inc)

ENTRY BY LANDLORD. Upon at least one (1) business day's notice, ----------------- Tenant agrees to permit Landlord reserves and authorized representatives of Landlord to enter upon the right Demised Premises at all reasonable times during ordinary business hours (or at other times, and upon such notice as is reasonable notice under the circumstances, in bona fide emergency situations) for the purpose of inspecting the same and making any necessary repairs to Tenant (except in the case comply with any laws, ordinances, rules, regulations or requirements of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasersany public body, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months Board of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingFire Underwriters, or for structural alterations, repairs or improvements any similar body. Nothing herein contained shall imply any duty upon the part of Landlord to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make do any such entries without the abatement of Rentwork which, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives under any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall Agreement, Tenant may be construed as obligating Landlord required to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed and the performance thereof by Landlord hereinshall not constitute a waiver of Tenant's default in failing to perform the same. Landlord may, during the progress of any work, keep and store upon the Demised Premises all necessary materials, tools and equipment. Landlord agrees to use reasonable good faith efforts to minimize any interference or disruption of Tenant's use of the Demised Premises. However, Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage to Tenant by reason of making repairs or the performance of any work in or about the Demised Premises, or on account of bringing material, supplies and equipment into, upon or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease Agreement shall not be thereby affected in any manner whatsoever.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable at least one (1) business day notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Tenant shall be entitled to have an employee or representative of Tenant accompany the person(s) entering the Premises on behalf of Landlord, provided that Tenant makes such person available at the time Landlord or such other party reasonably desires to enter the Premises, upon at least one (1) business day notice to Tenant; and further provided that if Tenant does not make an employee or representative available and if Landlord elects not to proceed with such entry, then Landlord shall not be deemed to be in breach of any obligations under this Lease the performance of which would require Landlord's entry into the Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Wageworks, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but as to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last twelve (12) months of the initial Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or Building. Tenant shall be offered an opportunity to accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant’s security procedures in connection with such entry (except that these restrictions shall not apply in the Building’s systems and equipmentcase of an emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except Rent so long as otherwise provided in this LeaseTenant can continue to occupy and use any affected portion of the Premises for the same business purposes as Tenant had been using such affected portion prior to Landlord’s entry, and Landlord may take such reasonable steps as required to accomplish the stated purposes, provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to not materially and adversely interfere with Tenant’s normal business functions. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby except any claims arising out of Landlord’s gross negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated from time to time in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease and Settlement Agreement (Peregrine Systems Inc)

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