Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 3 contracts

Sources: Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. At Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) day’s prior written (e-mail is acceptable) notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may enter make any such entries without the Premises abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of accomplish the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of Any entry into the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderPremises.

Appears in 3 contracts

Sources: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building's systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof 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, that 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 an emergencya 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 provide 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 reasonable prior notice (which noticeTenant's business, notwithstanding Section 25.1lost profits, may be delivered by e-mailany loss of occupancy or quiet enjoyment of the Premises, fax, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 3 contracts

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

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice Landlord shall have the right to Tenant, or in an emergency, Landlord may enter the Premises to at reasonable hours and after reasonable notice (iexcept in the event of an emergency in which event no notice shall be required) to: (a) inspect the Premises; (iib) show exhibit the Premises same to prospective purchasers, current lenders or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iiic) determine whether Tenant is complying with all of its obligations hereunder; (d) provide any service to be provided by Landlord to Tenant hereunder; (e) post notices of non-responsibilityresponsibility and "for sale" and "for lease" signs; and (f) make repairs required of Landlord under the terms hereof or (iv) perform maintenancemake repairs to any adjoining space or make repairs, repairs alterations or alterations. At improvements to any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any other portion of the Premises Building or the Project. Tenant hereby waives any claim for damages for any injury or inconvenience to perform maintenanceor interference with ▇▇▇▇▇▇'s business, repairs any loss of occupancy or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in quiet enjoyment of the Premises. Except in an emergency, Landlord shall use and any other loss occasioned by such entry, provided that ▇▇▇▇▇▇▇▇ takes reasonable efforts steps to minimize the interference with Tenant’s ▇▇▇▇▇▇'s use and enjoyment of the Premises. Without limiting Landlord shall at all times have and retain a key with which to unlock all of the foregoingdoors in, except on or about the Premises (excluding ▇▇▇▇▇▇'s vaults, safes and similar areas agreed upon in writing by ▇▇▇▇▇▇ and Landlord prior to the date of execution of this Lease by the parties). Landlord shall have the right to use any and all means which Landlord may deem appropriate to open such doors in an emergencyemergency in order to obtain entry to the Premises, any unreasonably noisy or otherwise disruptive work performed and no entry to the Premises obtained by Landlord in by any of such means shall under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises pursuant to this Section 18 shall be performed outside or an eviction, actual or constructive, of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters from the Premises. No entry into , or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderthereof.

Appears in 2 contracts

Sources: Office Lease (Interwave Communications International LTD), Office Lease (Interwave Communications International LTD)

ENTRY BY LANDLORD. At all reasonable times and upon no less than after 24 hours prior notice (except in emergencies, in which case no notice is required) Landlord shall have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, current lenders, or prospective Security Holders tenants and to post "For Rent" or insurers, or, during "For Sale" or other signs relative to the last 12 months of the Term (or while an uncured Default exists), prospective tenantssame; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenancerepair the Premises, repairs all without abatement of Rent; and may erect scaffolding and other necessary structures in or alterations. At any time and without notice to Tenant, Landlord may enter through the Premises where reasonably required by the character of the work to perform required servicesbe performed; provided, however, however that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry endeavor not to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference unreasonably interfere with Tenant’s 's use of the Premises. Without limiting For each of the foregoingforegoing purposes, except Landlord shall at all times have and retain a key with which to unlock all of the doors in an emergency, any unreasonably noisy or otherwise disruptive work performed . Any entry to the Premises obtained by Landlord in the Premises pursuant by any of said means, or otherwise, shall not under any circumstances be construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time to this Section 18 change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall render Landlord liable to be deemed an actual or constructive eviction of Tenant, constitute a constructive eviction, or excuse shall entitle Tenant from to any obligation damages or reduction of Rent hereunder.

Appears in 2 contracts

Sources: Lease Agreement (Sierra Monitor Corp /Ca/), Lease Agreement (Technoconcepts, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior reasonable notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 2 contracts

Sources: Office Lease (Graybug Vision, Inc.), Office Lease (Graybug Vision, Inc.)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than 24 twenty-four (24) hours prior notice to Tenant, or (except in the case of an emergency, Landlord may in which case no notice is required) have, the right to enter the Premises to (i) inspect the Premisesthem; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, current mortgagers or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises and any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the Premises where reasonably required by the character of the work to perform required servicesbe performed; provided, however, that except in an emergencythe business of Tenant shall be interfered with to the least extent that is reasonably practical. For each of the foregoing purposes, Landlord shall provide Tenant at all times have and retain a key with reasonable prior notice (which noticeto unlock all of the doors in an emergency in order to obtain entry to the Premises, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a service that is not performed on forcible or unlawful entry into or a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time to perform maintenancechange the arrangement or location of entrances or passageways, repairs doors and doorways, and corridors, elevators, stairs, toilets or alterations. In an emergencyother public parts of the Complex and to change the name, Landlord may use number or designation by which the Complex is commonly known, and none of the foregoing shall be deemed and actual or constructive eviction of Tenant, or shall entitle Tenant to any means it deems proper reduction of rent hereunder, so long as such changes do not adversely affect Tenant’s occupancy or access to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 2 contracts

Sources: Lease Agreement (Coupa Software Inc), Lease Agreement (Coupa Software Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) day’s prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may enter make any such entries without the Premises abatement of Rent, except as otherwise expressly provided in this Lease, and shall take such reasonable steps as required to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of accomplish the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting Landlord further reserves the foregoingright to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, except in an emergencyattached, any unreasonably noisy or otherwise disruptive work performed by Landlord in on each applicable floor of the Premises pursuant to this Section 18 shall be performed outside for the future installation of normal business hours. Except in an emergency, Tenant may have one additional shaft walls and risers for the tenants or occupants of its employees accompany Landlord if Tenant makes such employee available when Landlord enters floors beneath the applicable floor of the Premises. No entry into or closure Upon the giving of such notice, the designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be treated as Common Areas. Tenant shall not make any portion Alterations in the Future Shaft Areas and shall remove any of Tenant’s property from the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant same upon reasonable prior notice from any obligation hereunderLandlord.

Appears in 2 contracts

Sources: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than after at least 24 hours prior notice (except in emergencies) have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show to perform any services to be provided by Landlord hereunder, to submit the Premises to prospective purchasers, current mortgagers or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenancerepair the Premise and any portion of the Complex, repairs all without abatement of rent; and may erect scaffolding and other necessary structures in or alterations. At any time and without notice to Tenant, Landlord may enter through the Premises where reasonably required by the character of the work to perform required servicesbe performed; provided, however, that except in an emergencythe business of Tenant shall be interfered with to the least extent that is reasonably practical. For each of the foregoing purposes, Landlord shall provide Tenant at all times have and retain a key with reasonable prior notice (which noticeto unlock all of the doors in an emergency in order to obtain entry to the Premises, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a service that is not performed on forcible or unlawful entry into or a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion detainer of the Premises to perform maintenanceor an eviction, repairs actual or alterationsconstructive, of Tenant from the Premises or any portion thereof. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts also have the right at any time to minimize interference with Tenant’s use change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Premises. Without limiting Complex and to change the foregoingname, except in an emergencynumber or designation by which the Complex is commonly known, any unreasonably noisy or otherwise disruptive work performed by Landlord in and none of the Premises pursuant to this Section 18 foregoing shall be performed outside deemed an actual or constructive eviction of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse shall entitle Tenant from to any obligation reduction of rent hereunder.

Appears in 2 contracts

Sources: Lease Agreement (Ipass Inc), Lease Agreement (Ipass Inc)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice (a) Subject to Tenant, or in an emergencySection 15(b), Landlord may or Landlord’s Representatives shall have the right to enter the Premises or any portion thereof during normal business hours (or at such other times as approved by Tenant in advance, which approval shall not be unreasonably withheld or delayed, or as may be reasonably necessary in emergency situations to address any condition that poses an immediate threat to human health, safety, or welfare) to (i) inspect the Premises; , which shall include conducting environmental tests and investigations as provided under Section 28, (ii) exercise its rights and/or obligations under this Lease, or (iii) show the Premises to prospective purchasers, current or prospective Security Holders or insurerslenders, or, during the last 12 eighteen (18) months of the Term (or while an uncured Default exists)Term, prospective tenants; (iii) post notices and Tenant shall not be entitled to any abatement or reduction of non-responsibility; Base Rent by reason thereof, nor shall such entry or (iv) perform maintenanceaction by Landlord constitute an actual or constructive eviction or repossession, repairs or alterationswithout Landlord’s express intention to do so as expressed in writing. No ​ such entry shall be deemed an eviction of Tenant. At any time and without notice to Tenant, during which Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed Landlord’s Representatives are on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord they shall use commercially reasonable efforts to minimize interference not unreasonably interrupt or interfere with Tenant▇▇▇▇▇▇’s use of the Premises and shall not cause any damage or injury to persons or property on the Premises. (b) Landlord shall give Tenant prior notification by email at the Tenant Notice Address, as well as any other e-mail addresses provided by Tenant to Landlord for such purpose, at least two (2) business days prior to Landlord’s entry into the Premises pursuant to Section 15, except as Tenant may otherwise consent in writing or as may be reasonably necessary in emergency situations that pose an imminent threat to human health or safety (for which only such notice as is reasonably practicable under the circumstances shall be required, if any). Landlord and Landlord’s Representatives shall provide proper identification upon request while on the Premises. Without limiting All parties, including, but not limited to, Landlord, prospective purchasers, lenders or tenants, may, at Tenant’s election, be accompanied by an employee of Tenant at all times while within the foregoingPremises. If Landlord intends to show the Premises to any prospective purchasers, except in an emergencylenders or tenants who are reasonably determined by Tenant to be a competitor of Tenant, Landlord shall additionally provide Tenant the name of such prospective purchaser, lender, or tenant. Notwithstanding anything herein to the contrary, Landlord hereby acknowledges and agrees that neither the Landlord Indemnified Parties nor any unreasonably noisy of Landlord’s contractors or otherwise disruptive work performed by Landlord in invitees entering the Premises pursuant to this Section 18 15 shall have the right to enter any vaults, technology or computer equipment rooms, or other areas designated or marked by Tenant as “Restricted”, “secure areas,” or similar designations without the prior written consent of Tenant, which consent may be withheld in Tenant’s reasonable discretion. If Tenant’s consent to any such entry is granted, such entry shall be performed outside made only with a representative of normal business hoursTenant present (except that ▇▇▇▇▇▇’s consent and presence during entry shall not be required in emergency situations that pose an imminent threat to human health or safety, for which only such notice as is reasonably practicable under the circumstances shall be required, if any). In no event shall Tenant be required to provide Landlord with access to Tenant’s alarm code or keys or other independent means of entry to the Premises or any portion thereof. (c) Except in an emergencyas otherwise set forth herein, Landlord shall protect, indemnify, defend and hold harmless all Tenant may have one Indemnified Parties from and against any and all liabilities, obligations, claims, damages, penalties, causes of action, losses, costs, fees and expenses, including without limitation, reasonable counsel fees and court costs, to the maximum extent permitted by Law, actually imposed upon, asserted against, suffered or incurred by ​ ​ any Tenant Indemnified Party by reason of any claim, suit, or judgment obtained or brought by or on behalf of any person or persons against any Tenant Indemnified Party, for damage, loss, or expense due to bodily injury or property damage sustained by such person or persons, which arise out of, are occasioned by, or attributable to Landlord or Landlord’s Representatives’ gross negligence or willful misconduct during Landlord’s entry onto the Premises to perform any of its employees accompany Landlord if obligations or exercise any of its rights during the Term. In the event any action or proceeding shall be brought against any Tenant makes such employee available when Landlord enters the Premises. No entry into or closure Indemnified Party by reason of any portion such claim described in the foregoing sentence (a “Tenant Claim”), Landlord shall defend the same at Landlord’s sole expense by counsel reasonably satisfactory to Tenant. If at any time a Tenant Indemnified Party shall have received written notice of or shall otherwise be aware of any Tenant Claim which is subject to indemnity under this Section 15(c), such Tenant Indemnified Party shall give reasonably prompt written notice of such Tenant Claim to Landlord; provided, that, except to the extent Landlord is prejudiced in its defense of such Tenant Claim, the failure of such Tenant Indemnified Party to give such a notice to Landlord shall not limit the rights of such Tenant Indemnified Party or the obligations of Landlord with respect to such Tenant Claim. Landlord shall have the right to reasonably control the defense or settlement of any Tenant Claim, provided that: (1) if the compromise or settlement of any Tenant Claim shall not result in the complete release of the Premises pursuant subject Tenant Indemnified Party, the compromise or settlement shall require the prior written approval of such Tenant Indemnified Party, not to be unreasonably withheld, conditioned, or delayed; and (2) no such compromise or settlement shall include any admission of wrongdoing on the part of any Tenant Indemnified Party, provided further that any Tenant Indemnified Party shall have the right, but not the obligation, at its election and sole cost and expense, to participate fully in the defense of any Tenant Claim with counsel of its choice. Landlord’s liability under this Section 18 15(c) shall render Landlord liable to Tenant, constitute a constructive eviction, survive the expiration or excuse Tenant from any obligation hereunder.earlier termination of this Lease. ​

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Sierra Bancorp), Purchase and Sale Agreement (Sierra Bancorp)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, The Landlord may enter the Premises or Building at reasonable hours and upon 24 hours reasonable written notice to Tenant to (ia) inspect the Premises; same, (iib) show the Premises same to prospective purchasers, current lenders or prospective Security Holders or insurerstenants, or(c) determine whether Tenant is complying with all of Tenant's obligations hereunder, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iiid) post notices of non-responsibility; responsibility or (ive) perform maintenancemake repairs required of Landlord under the Lease, repairs to adjoining space or alterationsutility service, or make repairs, alterations or improvements to the Building, provided that all such work shall be done as promptly as possible and with as little interference to Tenant as reasonably possible. At Tenant hereby waives any time and without notice claim for damages for any inconvenience to or interference with Tenant's business, Landlord may enter any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry. Landlord shall at all times have and retain a key to perform required services; providedunlock all doors in, howeveron or about the Premises (excluding Tenant's vaults, that except safes and similar areas designated in writing by Tenant). In the event of an emergency, Landlord shall provide Tenant with reasonable prior notice (have the right to use any and all means which Landlord may deem proper to enter the Premises, without notice, notwithstanding Section 25.1, may for the limited purpose of abating as quickly as possible said emergency. Such emergency entrance shall not be delivered by e-mail, fax, telephone construed or orally and in person) of any deemed to be a forcible or unlawful entry to perform into or a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion detainer of the Premises to perform maintenanceor an eviction, repairs actual or alterations. In an emergencyconstructive, Landlord may use any means it deems proper to open doors to and in of Tenant from the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderthereof.

Appears in 2 contracts

Sources: Commercial Lease (Force 10 Trading Inc), Commercial Lease (Whitney Information Network Inc)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior reasonable notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 9 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Any entry by Landlord and Landlord’s agents shall not impair Tenant’s operations more than reasonably necessary. Notwithstanding the foregoing or any other provision of this Lease, except in the event of an emergency, Landlord Parties must in all events, provided that Tenant makes its representatives available to Landlord, be escorted by such representatives in the Premises. Tenant acknowledges and agrees that, to the extent Tenant does not facilitate Landlord’s access to the Premises or certain portions thereof, Landlord shall be absolved from the obligation to perform any services under this Lease within such portion of the Premises.

Appears in 2 contracts

Sources: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)

ENTRY BY LANDLORD. At 27.1 Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) day’s prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment, 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 conduct of Tenant’s business in connection with entries into the Premises. At any time and without notice to Tenant, Landlord may enter make any such entries without the Premises abatement of Rent, except as otherwise expressly provided in this Lease, and shall take such reasonable steps as required to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of accomplish the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting Landlord further reserves the foregoingright to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, except in an emergencyattached, any unreasonably noisy or otherwise disruptive work performed by Landlord in on each applicable floor of the Premises pursuant to this Section 18 shall be performed outside for the future installation of normal business hours. Except in an emergency, Tenant may have one additional shaft walls and risers for the tenants or occupants of its employees accompany Landlord if Tenant makes such employee available when Landlord enters floors beneath the applicable floor of the Premises. No entry into or closure Upon the giving of such notice, designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be treated as Common Areas Tenant shall not make any portion Alterations in the Future Shaft Areas and shall remove any of Tenant’s property from the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant same upon reasonable prior notice from any obligation hereunderLandlord.

Appears in 2 contracts

Sources: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)

ENTRY BY LANDLORD. At Tenant shall permit Landlord and Landlord’s Agents to enter into and upon the Premises at all reasonable times and times, upon no less than 24 hours prior reasonable notice (except to Tenant, provide regular services or in the case of an emergency, Landlord may enter the Premises in which circumstances no notice shall be required), and subject to (i) Tenant’s reasonable security arrangements, to inspect the Premises; (ii) same, to show the Premises to prospective purchasers, current lenders or prospective Security Holders or insurers, or, tenants (during the last 12 nine (9) months of the Term (or while an uncured Default existsonly), prospective tenants; (iii) to post notices of non-responsibility; responsibility and ordinary “for sale” or (iv) perform maintenance“for lease” signs, repairs to provide services, maintain and repair the Premises or alterations. At the Building as required or permitted of Landlord under the terms hereof, without any time rebate of Rent and without notice any liability to TenantTenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction or constructive eviction of Tenant from the Premises. Landlord may enter temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the Premises to perform required services; providedcase of an emergency. Landlord and Landlord’s Agents, however, that except in an the case of emergency, Landlord shall provide Tenant with reasonable one (1) business day notice prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any to entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoingAny entry by Landlord and Landlord’s Agents shall not impair Tenant’s operations more than reasonably necessary, and except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 emergency shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to comply with Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder’s reasonable security measures.

Appears in 2 contracts

Sources: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no less than 24 hours prior reasonable notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchaserspurchasers or mortgagees, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, prospective to tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, repairs improve or repair the Premises, the premises of other tenants in the Building, or the Building, or for structural alterations, repairs, additions, or improvements to the Building or the Building’s systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof 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 specifically set forth in Section 6.5 above) and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that except in an emergencyfor (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, Landlord shall provide use commercially reasonable efforts not to adversely interfere with Tenant’s use or access to the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with reasonable prior notice (which noticeTenant’s business, notwithstanding Section 25.1lost profits, may be delivered by e-mailany loss of occupancy or quiet enjoyment of the Premises, fax, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 2 contracts

Sources: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)

ENTRY BY LANDLORD. At Subject to the provisions of Section 34 hereof, ----------------- Tenant agrees to permit Landlord or Landlord's mortgagee and authorized representatives of Landlord or Landlord's mortgagee to enter upon the Demised Premises at all reasonable times during ordinary business hours for the purpose of inspecting the same and upon no less than 24 hours prior notice making any necessary repairs to Tenantcomply with any laws, ordinances, rules, regulations or requirements of any public body, or the Board of Fire Underwriters, or any similar body; provided that Landlord shall comply at all times with Tenant's reasonable security requirements. Nothing herein contained shall imply any duty upon the part of Landlord to do any such work which, under any provision of this Lease, Tenant may be required to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in an emergency, failing to perform the same. Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, ormay, during the last 12 months progress of any work, keep and store upon the Term (Demised Premises all necessary materials, tools and equipment. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or while an uncured Default exists), prospective tenants; (iii) post notices other damage to Tenant by reason of non-responsibility; or (iv) perform maintenance, making repairs or alterations. At the performance of any time work in or about the Demised Premises, or on account of bringing material, supplies and without notice to Tenantequipment into, Landlord may enter upon or through the Demised Premises to perform required servicesduring the course thereof, and the obligations of Tenant under this Lease shall not be thereby affected in any manner whatsoever; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use all reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, conduct any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure the Demised Premises so as to interfere with the business of any portion of Tenant as little as reasonably practical under the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereundercircumstances.

Appears in 2 contracts

Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)

ENTRY BY LANDLORD. At Landlord (or Landlord’s property manager) reserves the right at all reasonable times and upon no less than at least 24 hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord (or ▇▇▇▇▇▇▇▇’s property manager) 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 pursuant to Section 26.1 above. Landlord (or ▇▇▇▇▇▇▇▇’s property manager) may make any such entries without the abatement of Rent and may take such reasonable steps as required services; providedto accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with ▇▇▇▇▇▇’s business, howeverlost profits, that except in an emergencyany loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall provide Tenant at all times have a key with reasonable prior notice (which noticeto unlock all the doors in the Premises, notwithstanding Section 25.1excluding Tenant’s vaults, may be delivered safes and special security areas designated in advance by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterationsTenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 2 contracts

Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior reasonable notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that that, except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In exercising its rights under this Section 18, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises; provided, however, that the reasonableness of such efforts shall be determined taking into account any emergency. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 2 contracts

Sources: Office Lease (Apigee Corp), Office Lease (Apigee Corp)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior reasonable notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 9 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; services provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mailemail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 2 contracts

Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 forty-eight (48) hours prior written notice to Tenant, or Tenant (except no such prior notice shall be required in an emergency, Landlord may emergencies) to enter the Premises to to: (i) inspect the Premisesthem (provided that entry for this purpose shall be limited to once in a three (3) month period); (ii) show the Premises to prospective purchasers, current mortgagees or prospective Security Holders ground or insurersunderlying lessors, or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or alterationsimprovements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required servicesof Landlord, (B) take possession due to any breach of this Lease in the manner provided herein and after a judgment of possession is received in any required construction; and (C) perform any covenants of Tenant which ▇▇▇▇▇▇ fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that except any such entry shall be accomplished as expeditiously as reasonably possible and in an emergencya manner so as to cause as little interference to Tenant as reasonably possible. Except for damages or injuries caused by the gross negligence or willful misconduct of Landlord, its employees, agents and contractors, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with ▇▇▇▇▇▇’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by ▇▇▇▇▇▇▇▇’s entry into the Premises. For each of the above purposes, Landlord shall provide Tenant at all times have a key with reasonable prior notice (which noticeto unlock all the doors in the Premises, notwithstanding Section 25.1excluding Tenant’s vaults, may be delivered safes and special security areas designated in advance by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterationsTenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of Any entry into the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderPremises.

Appears in 2 contracts

Sources: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no less than 24 hours prior reasonable notice to Tenant, or in an emergency, Landlord may the Tenant to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, current mortgagees or prospective Security Holders tenants, or insurers, or, during to the last 12 months of the Term (ground or while an uncured Default exists), prospective tenantsunderlying lessors; (iii) post notices of non-responsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or alterationsimprovements to the Building. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof Landlord; (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. Any such entries shall be without the abatement of Rent (except as otherwise expressly provided in this Lease) and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that 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 an emergencya 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 provide 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 reasonable prior notice (which noticeTenant's business, notwithstanding Section 25.1lost profits, may be delivered by e-mailany loss of occupancy or quiet enjoyment of the Premises, fax, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times .have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except Any entry into the Premises in an emergencythe manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of or a detainer of, the Premises. Without limiting the foregoing, except in or an emergency, any unreasonably noisy actual or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside constructive eviction of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of from any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderPremises.

Appears in 2 contracts

Sources: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)

ENTRY BY LANDLORD. At Subject to Landlord’s delivery to Tenant of an executed form attached hereto as Exhibit H (except in the case of an emergency), Landlord reserves the right at all reasonable times and upon no less than 24 hours at least one (1) Business Day’s prior written notice (which may be by email) to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At Landlord may make any time such entries without the abatement of Rent, except as otherwise provided in this Lease, and without notice may take such reasonable steps as required to accomplish the stated purposes. 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 particularly valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Unless requested by Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone need not maintain or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterationsrepair such secured areas. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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. In making any such entry (other than in an emergency), Landlord shall use commercially reasonable efforts to minimize avoid interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by business operations and to follow Tenant’s reasonable security and safety measures that Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderhas prior notice of.

Appears in 2 contracts

Sources: Lease (Decipher Biosciences, Inc.), Lease (Decipher Biosciences, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours prior twenty-four (24) hours’ notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At Landlord may make any time such entries without the abatement of Rent, except as otherwise provided in this Lease, and without notice may take such reasonable steps as required to Tenantaccomplish the stated purposes. In an emergency, Landlord shall have the right to use any means that Landlord may enter 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 perform required servicesbe 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. Landlord shall use commercially reasonable efforts to minimize any interference with ▇▇▇▇▇▇’s use of or access to the Premises in connection with any such entry and shall comply with Tenant’s reasonable security measures, including that Tenant may require that Landlord be accompanied by an employee of Tenant during any such entry into the Premises by Landlord (except in the event of an Emergency in which case no escort shall be required); provided, however, that except in an emergencyno event shall the unavailability of such escort at the time that Landlord is permitted to enter the Premises delay ▇▇▇▇▇▇▇▇’s entry into the Premises as permitted hereunder. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate from time to time certain reasonable areas of the Premises, which may vary from time to time based upon Tenant’s particular operations in those areas of the Premises, as “Secured Areas” should Tenant require such areas for the purpose of conducting laboratory work or securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall provide 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 Base Building; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry accordance with a schedule reasonably designated by Tenant, subject to perform a service that is not performed on a monthly or more frequent basisLandlord’s reasonable approval. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use commercially reasonable efforts to minimize any interference with ▇▇▇▇▇▇’s use of or access to the Premises in connection with any such entry and shall comply with Tenant’s use of the Premisesreasonable security measures. Without limiting the foregoing, except in an emergency, Landlord shall hold confidential any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal information regarding Tenant’s business hours. Except in an emergency, Tenant that it may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure learn as a result of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereundersuch entry.

Appears in 2 contracts

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

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) business day’s prior notice to Tenant, Tenant which may be given by telephone or electronic mail (except in the case of an emergency, Landlord may emergency or with respect to regularly scheduled services) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenanceprovided that it is in accordance with the express provisions of this Lease, alter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may enter make any such entries without creating a default by Landlord and shall take such reasonable steps as required to accomplish the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except in Landlord also shall have the right at any time, without the same constituting an emergencyactual or constructive eviction and without incurring any liability to Tenant therefor, Landlord shall use reasonable efforts to minimize interference 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 Tenant’s use or deprive Tenant of access to the Premises, or (B) reduce the rentable area (except by a de minimis amount) of the Premises. Without limiting Any entry into the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises pursuant to this Section 18 and the Base Rent (and any other item of Rent) shall render under no circumstances ▇▇▇▇▇ while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord’s agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord’s agents shall accord reasonable care under the circumstances to Tenant’s Property, constitute a constructive evictionand without in any manner affecting this Lease. Tenant shall, at all times during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or excuse Tenant from any obligation hereunderother means necessary to access the Premises.

Appears in 2 contracts

Sources: Lease (Aethlon Medical Inc), Lease (Aethlon Medical Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no less than 24 hours at least twenty-four (24) hours’ prior written notice (which may be delivered via email) to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then applicable -36- HCP ▇▇▇▇▇▇ ▇▇▇▇▇, LLC [11099 NORTH ▇▇▇▇▇▇ ▇▇▇▇▇ ROAD] [Synthorx Inc.] law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice to Tenant, Landlord may enter In exercising the Premises to perform required services; provided, however, that except entry rights set forth in an emergencythis Section, Landlord shall provide Tenant use commercially reasonable efforts to minimize interference with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and the conduct of Tenant’s business in person) of any entry to perform a service that is not performed on a monthly or more frequent basisconnection with such entries into the Premises. If reasonably necessary, Landlord may temporarily close make any portion 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 Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except in the case of an emergency, Tenant shall have the opportunity to have a representative of Tenant accompany the entrant, provided that Landlord shall use reasonable efforts not be required to minimize interference with delay any such entrance due to the unavailability of Tenant’s use representative. 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. Without limiting the foregoing, except In making any such entry (other than in an emergency, any unreasonably noisy or otherwise disruptive work performed ) ,Landlord shall use commercially reasonable efforts to cooperate with those certain safety and security measures delivered to Landlord by Landlord in Tenant prior to the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderdate hereof.

Appears in 2 contracts

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

ENTRY BY LANDLORD. At Tenant shall permit Landlord and its Agents to enter into and upon the Premises at all reasonable times and times, upon reasonable notice of no less than 24 hours prior notice to Tenant, or one (1) business day (except in the case of an emergency, Landlord may enter for which no notice shall be required) and, subject to Tenant’s reasonable security arrangements, for the Premises to (i) inspect purpose of inspecting the Premises; (ii) show same or showing the Premises to prospective purchasers, current lenders or prospective Security Holders tenants or insurersto alter, improve, maintain and repair the Premises as required or permitted of Landlord under the terms hereof. Landlord and its Agents shall also be permitted to access the roof of the Building to maintain and repair the roof of the Building and any Building equipment located on the roof, including HVAC equipment, and no prior notice to Tenant shall be required for any such access. In each instance, such entry or access by Landlord or its Agents shall be without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned (except for actual damages resulting from the gross negligence or willful misconduct of Landlord or its Agents). Tenant shall permit Landlord to post notices of non-responsibility and ordinary “for sale” signs or, during the last 12 six (6) months of the Term Term, “for lease” signs (or while an uncured Default existswhich may be placed in the Outside Areas but not on the Building), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, provided that Landlord may enter exhibit the Premises to perform required services; providedprospective tenants only during the nine (9) months prior to termination of this Lease. No such entry shall be construed to be a forcible or unlawful entry into, howeveror a detainer of, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in , or an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use eviction of Tenant from the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 2 contracts

Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

ENTRY BY LANDLORD. At Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) day’s prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may enter make any such entries without the Premises abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of accomplish the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of Any entry into the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderPremises.

Appears in 2 contracts

Sources: Lease Agreement (Heat Biologics, Inc.), Lease (Heat Biologics, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof 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, that 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 an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry a manner so as not to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference unreasonably interfere with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 and shall be performed outside of after normal business hourshours if reasonably practical. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant With respect to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.items

Appears in 1 contract

Sources: Office Lease (Dexcom Inc)

ENTRY BY LANDLORD. At Landlord reserves the right and upon twenty four (24) hours’ prior notice to Tenant (except in the case of an emergency) to enter the Premises at all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilityresponsibility (to the extent applicable pursuant to then applicable law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice to Tenant, Landlord may enter make any such entries without the Premises abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of accomplish the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, actual or constructive eviction of Tenant from any portion of the Premises. Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of or access to the PremisesPremises in connection with any such entry, and such comply with Tenant’s reasonable security measures. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry not enter into or closure of any portion of the Premises pursuant identified to this Section 18 Landlord as an area containing sensitive business information unless accompanied by a representative of Tenant. Landlord shall render Landlord liable to hold confidential any information regarding Tenant, constitute ’s business learned as a constructive eviction, or excuse Tenant from result of any obligation hereunder.such entry

Appears in 1 contract

Sources: Lease (Aligos Therapeutics, Inc.)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than times, after at least 24 hours prior notice (except in emergencies) have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show them to perform any services to be provided by Landlord hereunder, to submit the Premises to prospective purchasers, current mortgagers or prospective Security Holders or insurerstenants, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibility; nonresponsibility, and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Complex, all without abatement of rent, and may erect scaffolding and other necessary structures in or through the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in where reasonably required by the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use character of the Premiseswork to be performed; provided, however that the business of Tenant shall be interfered with to the ----------------- least extent that is reasonably practical. Without limiting For each of the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed foregoing purposes. Any entry to the Premises obtained by Landlord in the Premises pursuant by any of said means, or otherwise, shall not under any circumstances be construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time to this Section 18 change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall render Landlord liable to be deemed an actual or constructive eviction of Tenant, constitute a constructive eviction, or excuse shall entitle Tenant from to any obligation reduction of rent hereunder.

Appears in 1 contract

Sources: Lease Agreement (Terayon Communication Systems)

ENTRY BY LANDLORD. At 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 no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 twelve (12) months of the Lease Term (or while an uncured Default existsbut subject to Tenant’s right to designate in advance special security areas as set forth herein below), to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment in accordance with the terms and conditions of this Lease. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof 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 ▇▇▇▇▇▇ 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 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 an emergencya 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 provide 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 reasonable prior notice (which notice▇▇▇▇▇▇’s business, notwithstanding Section 25.1lost profits, may be delivered by e-mailany loss of occupancy or quiet enjoyment of the Premises, fax, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 1 contract

Sources: Office Lease (Roka BioScience, Inc.)

ENTRY BY LANDLORD. At 5.1 To permit the Landlord and its agents with or without workmen and all persons authorised by it and with or without appliances at all reasonable times and upon no less than 24 hours prior notice to Tenantenter upon the Premises and if necessary, to remain at the Premises: (a) to take inventories of fixtures and fittings therein and to carry out any maintenance works or repairs to the Landlord's installations inside the Premises which are in an emergencythe opinion of the Landlord necessary and proper to be done; (b) to examine the state and condition thereof and of the fixtures and fittings therein, including but not limited to the central air-conditioning unit; (c) to execute any works of renewal cleaning alteration or repair to any adjacent or neighbouring premises or to the Building without any claim for damages or indemnity against the Landlord; and (d) to do such work as may be deemed necessary to preserve the exterior walls or any part of the structure of the Building from injury or damage from any excavation or other building works as may be made or authorised in the vicinity of the Building and the Tenant shall deposit with the Landlord may enter a key or key(s) to the Premises to (ienable the Landlord to enter into the Premises in the event of emergency and unless key(s) inspect are so deposited with the Premises; (ii) Landlord, in the event of emergency the Landlord or its agents may without notice enter upon the Premises forcibly, and the Tenant shall at its own expense reinstate the entrance door to the Premises to its original state and condition without any claim for damages or indemnity against the Landlord. 5.2 To permit the Landlord and all persons authorised by it at all reasonable times to show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, tenants during the last 12 six months of the Term (or while an uncured Default exists), to prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At purchasers at any time and without notice to Tenant, Landlord may enter during the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderTerm.

Appears in 1 contract

Sources: Tenancy Agreement (Goldenway, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours Upon prior notice to Tenant and subject to Tenant's reasonable security regulations, or in an emergency, Tenant shall permit Landlord may and his 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 inspecting and maintaining the Premises; (ii) show making repairs, alterations or additions to the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenantsPremises; (iii) post 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; responsibility for any construction, alteration or repair thereof, as required or permitted by any law, and (vi) showing the Premises to Landlord's or the Master Landlord's existing or potential successors, purchaser, and lenders. Tenant shall permit Landlord and his agents, at any time within one hundred seventy (180) days prior to the Expiration Date (or at any time during the Lease if Tenant is in default hereunder beyond any applicable cure period), to place upon the Premises "For Lease" signs and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. The foregoing notwithstanding, Landlord and its agents: (i) shall not enter the Premises without first giving twenty-four (24) hours notice to Tenant of such entry except in the case of emergency, (ii) shall be accompanied by an employee of Tenant at all times while in the Premises, (iii) shall comply with Tenant's security procedures applicable to the Premises, and (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference unreasonably interfere with Tenant’s 's use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Lease Agreement (Network Equipment Technologies Inc)

ENTRY BY LANDLORD. At all reasonable times Unless an emergency exists, with at least two (2) business days notice, Tenant shall permit Landlord and upon no less than 24 hours prior notice Landlord Parties to Tenant, or in an emergency, Landlord may enter the Premises to during regular business hours for the purpose of (ia) inspect inspecting the Premises; , (iib) show maintaining the Project or any part thereof, (c) making repairs, alterations or additions to any portion of the Project, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required therefor, (d) posting notices of non-responsibility for Alterations or repairs, (e) showing the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, tenants during the last 12 six (6) months of the Term Lease Term, (or while an uncured Default exists)f) exercising and performing Landlord’s rights and obligations under this Lease, prospective tenants; (iii) post notices of non-responsibility; or (ivg) perform maintenanceplacing upon the Project, repairs or alterationsany portion thereof, any usual or ordinary “for sale” signs, all without any right of Tenant to an offset against or abatement of Rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. At Landlord shall have the right, at any time and without notice within the final nine (9) months of the Lease Term, to Tenantplace upon the Premises any usual or ordinary “for lease” signs. In exercising such entry rights, Landlord may enter shall endeavor to minimize, as reasonably practicable, the Premises to perform required services; providedinterference with Tenant’s Permitted Use, however, that except in an emergency, Landlord and shall provide Tenant with reasonable prior at least two (2) business days advance telephonic notice of such entry (except in emergency situations, or if an Event of Default has occurred, or in cases of routine maintenance or cleaning, in which notice, notwithstanding Section 25.1, may cases no notice shall be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basisrequired). If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems which Landlord may deem proper to open doors and obtain entry to and in the Premises. Except Premises in an emergency, . Any entry to the Premises by Landlord shall use reasonable efforts not be construed or deemed to minimize interference with Tenant’s use of be forcible or unlawful entry into, or detainer of, the Premises. Without limiting the foregoing, except in or an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside eviction of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters from the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from grounds for any obligation hereunderabatement or reduction of Rent.

Appears in 1 contract

Sources: Office Lease Agreement (Greenwood Hall, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 hours prior reasonable notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) make such alterations, improvements, additions or repairs to all or any portion of the Premises, the Base Building, the Base Building systems or the Project as Landlord shall reasonably desire or deem necessary, or as Landlord may be required to perform maintenanceunder Applicable Laws, repairs or alterationsby any governmental or quasi-governmental authority, or by court order or decree. At any time and without notice Notwithstanding anything to Tenantthe 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 required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior within applicable notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis35654\12546889.9 06907\011\8493037.v6 cure periods. If reasonably necessary, Landlord may temporarily close make any portion such entries without the abatement of Rent (subject to the Premises terms of Section 19.5.2, above, except Section 19.5.2 shall not be applicable in connection with entries under item (B), above), and may take such reasonable steps as required to perform maintenance, repairs or alterationsaccomplish the stated purposes. In an emergency, Landlord may will use any means it deems proper to open doors to and in the Premises. Except in an emergency, 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). To the extent that Landlord installs, maintains, uses, repairs or replaces pipes, cables, ductwork, conduits, utility lines, and/or wires through hung ceiling space, exterior perimeter walls and column space, adjacent to and in demising partitions and columns, in or beneath the floor slab or above, below, or through the Premises, then in the course of making any such installation or repair, Landlord will: (w) use commercially reasonable efforts to not interfere unreasonably with or interrupt the business operations of Tenant within the Premises; (x) not reduce Tenant’s usable space, except to a de minimus extent (unless such work is required by Applicable Law), if the same are not installed behind existing walls or ceilings; (y) box in any of the same installed adjacent to existing walls with construction materials substantially similar to those existing in the affected area(s) of the Premises; and (z) repair all damage caused by the same and restore, to the extent reasonably practical, such area(s) of the Premises to the condition existing immediately prior to such work. 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. Without limiting 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 upon less than twenty-four (24) hours’ advance notice and Landlord and Landlord's personnel being accompanied by a representative of Tenant except in the event of an emergency. In no event will Landlord or any of Landlord’s representatives be allowed to take photographs of any portion of any Secured Areas without the express written consent of Tenant, which consent may be withheld in Tenant’s sole discretion. Landlord acknowledges that any unreasonably noisy clean rooms, inventory areas and material quarantine areas are Secured Areas due to heightened regulatory compliance requirements which limits access thereto. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or otherwise disruptive work performed repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Base Building (to the extent the same is not a Tenant Maintenance Responsibility); (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 Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of normal business hours. Except in an emergency, Tenant may have one from any portion of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or closure of any portion of the Premises pursuant decorations except as otherwise expressly agreed to this Section 18 shall render be performed by Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.herein. 35654\12546889.9 06907\011\8493037.v6 ARTICLE 28

Appears in 1 contract

Sources: Lease (Penumbra Inc)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than 24 hours prior notice have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) to inspect the Premises; , (ii) to supply services to be provided by Landlord hereunder, (iii) to show the Premises to prospective purchasers, current purchasers or prospective Security Holders or insurers, orlenders and to put “for sale” signs thereon and, during the last 12 six (6) months of the Term lease term, to show the Premises to prospective tenants and to put “for lease” signs thereon, (iv) to post notices required or while allowed by this Lease or by law, (v) to perform such alterations or repairs that are Landlord’s obligation under the Lease, and (vi) to erect scaffolding and other necessary structures outside of Premises where reasonably required by the character of the work to be performed. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising from Landlord’s entry and acts pursuant to this paragraph and Tenant shall not be entitled to an uncured Default existsabatement or reduction of rent if Landlord exercises any rights reserved in this paragraph. For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, on and about the Premises (excluding Tenant’s vaults, safes and similar areas designated in writing by Tenant in advance), prospective tenants; and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry by Landlord to the Premises pursuant to this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Notwithstanding the foregoing, (i) Landlord and Landlord’s agents shall give reasonable prior notice of any entry into the Premises (other than in an emergency), (ii) comply with Tenant’s reasonable security measures in any such entry and (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize any interference with Tenant▇▇▇▇▇▇’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed business operations resulting from entry by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderLandlord’s agents.

Appears in 1 contract

Sources: Lease (Hemosense Inc)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than after at least 24 hours prior notice (except in emergencies) have the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show to perform and services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, current mortgagers or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in where reasonably required by the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use character of the Premiseswork to be performed; provided, however that the business of Tenant shall be interfered with to the least extent that is reasonably practical. Without limiting For each of the foregoing, except in an emergencyforegoing purposes, any unreasonably noisy or otherwise disruptive work performed entry to the Premises obtained by Landlord in the Premises pursuant by any of said means, or otherwise, shall not under any circumstances be construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time to this Section 18 change the arrangement of location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which Complex is commonly known, and none of the foregoing shall render Landlord liable to be deemed an actual or constructive eviction of Tenant, constitute a constructive eviction, or excuse shall Tenant from to any obligation reduction of rent hereunder.

Appears in 1 contract

Sources: Lease Agreement (Shutterfly Inc)

ENTRY BY LANDLORD. At all reasonable times and upon no less than after 24 hours prior notice (except in emergencies, in which case no notice is required) Landlord shall have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, current lenders, or tenants and to post "For Rent" or "For Sale" or other signs relative to the same (provided that Landlord shall not exhibit the Premises to prospective Security Holders tenants or insurers, or, post "For Rent" signs except during the last 12 six months of the Term (or while an uncured Default existsTerm), prospective tenants; (iii) to post notices of non-responsibility; and to repair the Premises, all without abatement of Rent except to the extent of any actual interference with Tenant's use of the Premises; and may erect scaffolding and other necessary structures in or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter through the Premises where reasonably required by the character of the work to perform required servicesbe performed; provided, however, however that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry endeavor not to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference unreasonably interfere with Tenant’s 's use of the Premises. Without limiting For each of the foregoingforegoing purposes, except Landlord shall at all times have and retain a key with which to unlock all of the doors in an emergency, other than any unreasonably noisy or otherwise disruptive work performed secured areas identified to Landlord in advance. Any entry to the Premises obtained by Landlord in the Premises pursuant by any of said means, or otherwise, shall not under any circumstances be construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time to this Section 18 change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall render Landlord liable to be deemed an actual or constructive eviction of Tenant, constitute a constructive eviction, or excuse shall entitle Tenant from to any obligation damages or reduction of Rent hereunder.

Appears in 1 contract

Sources: Lease Agreement (Logic Devices Inc)

ENTRY BY LANDLORD. At (A) Landlord and Landlord’s agents and representatives shall have the right to enter the Premises at any time in case of an emergency, and at all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mailtelephonic) for any purpose permitted pursuant to the terms of this Lease, faxincluding, telephone but not limited to, examining the Premises; making such repairs or orally alterations therein as may be necessary or appropriate in Landlord’s sole judgment for the safety and in person) of any entry to perform a service that is not performed on a monthly preservation thereof; erecting, installing, maintaining, repairing or more frequent basis. If reasonably necessaryreplacing wires, Landlord may temporarily close any portion of cables, conduits, vents, ducts, risers, pipes, HVAC equipment or plumbing equipment running in, to, or through the Premises; showing the Premises to perform maintenanceprospective purchasers or mortgagees and, repairs or alterationsduring the last twelve (12) months of the Term, prospective tenants. (B) Tenant shall give Landlord a key for all of the doors for the Premises, excluding Tenant’s vaults, safes and files which keys shall be coordinated with any building keying system and requirements adopted by Landlord from time to time. In an emergency, Landlord may shall have the right to use any and all means it deems proper to open the doors to and in the Premises. Except Premises in an emergencyemergency in order to obtain entry thereto without liability to Tenant therefor. Any entry to the Premises by Landlord by any of the foregoing means, Landlord or otherwise, shall use reasonable efforts not be construed or deemed to minimize interference with Tenant’s use be a forcible or unlawful entry into or a detainer of the Premises. Without limiting the foregoing, except in or an emergencyeviction, any unreasonably noisy partial eviction or otherwise disruptive work performed by Landlord in constructive eviction of Tenant from the Premises pursuant to this Section 18 or any portion thereof, and shall be performed outside of normal business hours. Except in an emergency, not relieve Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation obligations hereunder.

Appears in 1 contract

Sources: Office Building Lease (ACA Capital Holdings Inc)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than after at least 24 hours prior notice (except in emergencies) have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, current mortgagers or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises and any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the Premises where reasonably required by the character of the work to perform required servicesbe performed; provided, however, that except in an emergencythe business of Tenant shall be interfered with to the least extent that is reasonably practical. For each of the foregoing purposes, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a service that is not performed on forcible or unlawful entry into or a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion detainer of the Premises to perform maintenanceor an eviction, repairs actual or alterationsconstructive, of Tenant from the premises or any portion thereof. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts also have the right at any time to minimize interference with Tenant’s use change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Premises. Without limiting Complex and to change the foregoingname, except in an emergencynumber or designation by which the Complex is commonly known, any unreasonably noisy or otherwise disruptive work performed by Landlord in and none of the Premises pursuant to this Section 18 foregoing shall be performed outside deemed an actual or constructive eviction of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse shall entitle Tenant from to any obligation reduction of rent hereunder.

Appears in 1 contract

Sources: Lease Agreement (Bluestone Software Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) day’s prior notice to Tenant, Tenant which may be given by telephone or electronic mail (except in the case of an emergency, Landlord may emergency or with respect to regularly scheduled services) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At Landlord shall comply with reasonable and nondiscriminatory requirements of Tenant during any time such entry into the Premises intended in good faith to protect Tenant’s work, business activities and without notice proprietary information. Provided that Landlord employs commercially reasonable efforts to so comply and to minimize interference with the conduct -42- 176640186.8 373606-000050 of Tenant’s business in connection with entries into the Premises, Landlord may enter make any such entries without creating a default by Landlord and shall take such reasonable steps as required to accomplish the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any reasonable means it deems proper to open the doors in and to and in the Premises. Except in Landlord also shall have the right at any time, without the same constituting an emergencyactual or constructive eviction and without incurring any liability to Tenant therefor, Landlord shall use reasonable efforts to minimize interference 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 Tenant’s or deprive Tenant of access to or use of the Premises, or (B) reduce the rentable area (except by a de minimis amount) of the Premises. Without limiting Any entry into the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises, and the Base Rent (and any other item of Rent) shall under no circumstances a▇▇▇▇ while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be present when for any reason entry into the Premises pursuant to this Section 18 shall render be necessary or permissible, Landlord or Landlord’s agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord’s agents shall accord reasonable care under the circumstances to Tenant’s Property, constitute a constructive evictionand without in any manner affecting this Lease. Tenant shall, at all times during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or excuse 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 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 treated as Common Areas. Tenant shall not make any Alterations in the Future Shaft Areas and shall remove any of Tenant’s property from any obligation hereunderthe same upon reasonable prior notice from Landlord.

Appears in 1 contract

Sources: Lease (Organovo Holdings, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours twenty-four (24) hours’ prior notice (which notice may be provided verbally or by email) to Tenant, or Tenant (except in the case of an emergency, in which event no prior notice shall be required, but Landlord may shall use commercially reasonable efforts to provide the notice prior to entry to the extent practicable) to enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice to Tenant, Landlord may enter make any such entries without the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) abatement of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterationsRent. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to the Premises, but in non-emergency situations Tenant may provide a representative to accompany Landlord during any such entry. Additionally, notwithstanding anything herein to the contrary, Landlord agrees to comply with any commercially reasonable security and privacy procedures or measures, as applicable, that Tenant may have in place and for which Tenant has provided to Landlord in writing, except to the extent any emergency does not permit such compliance or such procedures do not permit Landlord to fulfill its obligations under 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. Except In exercising the rights provided in an emergencythis Article 27, Landlord shall use commercially reasonable efforts to minimize any interference with TenantT▇▇▇▇▇’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion occupancy of the Premises pursuant to this Section 18 shall render Landlord liable to or the conduct of Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder’s business therein.

Appears in 1 contract

Sources: Lease Agreement (Pelthos Therapeutics Inc.)

ENTRY BY LANDLORD. At all reasonable times 13.1. Landlord and its authorized representatives shall have the right, upon no less than 24 24-hours prior written or oral notice to Tenant, or (except in an emergency, Landlord may when no notice shall be required) to enter the Premises to at all reasonable times during normal business hours and at any time in case of an emergency (i) inspect to determine whether the Premises; Premises are in good condition and whether Tenant is complying with its obligations under this Lease, if Landlord has reasonable belief or evidence that Tenant is not so maintaining the Premises pursuant to the terms of this Lease (ii) to maintain or to make any repair or restoration to the Building that Landlord has the right or obligation to perform, (iii) to install any meters or other equipment which Landlord may have the right to install, (iv) to serve, post, or keep posted any notices required or allowed under the provisions of this Lease, (v) to post "for sale" signs at any time during the term, and to post "for rent" or "for lease" signs during the last three (3) months of the term or during any period while Tenant is in default, (vi) to show the Premises to prospective purchasersbrokers, current agents, buyers, tenants, or prospective Security Holders or insurerspersons interested in an exchange, or(vii) to shore the foundations, during the last 12 months footings, and walls of the Term Building and to erect scaffolding and protective barricades around and about the Building or the Premises, but not so as to prevent entry into the Premises, and (viii) to do any other act or while an uncured Default exists)thing necessary for the safety or preservation of the Premises or the Building. Landlord shall have the right at all times to have and retain a key with which to unlock all doors in, prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenanceupon and about the Premises excluding Tenant's vaults and safes, repairs or alterations. At and Landlord shall have the right to use any time and without notice to Tenant, all means which Landlord may enter the Premises deem proper to perform required services; provided, however, that except gain entry in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform the Premises to be a service that is forcible obtained by Landlord in accordance with the foregoing shall not performed on be construed or deemed or unlawful entry into, or a monthly detainer of, the Premises, or more frequent basis. If reasonably necessary, Landlord may temporarily close an eviction of Tenant from the Premises or any portion thereof. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business and any loss of occupancy or quiet enjoyment of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use by reason of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one Landlord's exercise of its employees accompany Landlord if rights of entry in accordance with this Article 1 3, and Tenant makes such employee available when Landlord enters the Premises. No entry into shall not be entitled to an abatement or closure reduction of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, Rent or excuse Tenant from any obligation hereunderExpenses in connection therewith.

Appears in 1 contract

Sources: Office Lease (Isocor)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no less than 24 hours prior reasonable notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises (and/or Terrace and Building Parking Facilities, during any period of Tenant’s exclusive use thereof) to (i) inspect the Premisesthem; (ii) show the Premises (and/or Terrace and Building Parking Facilities) to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) access the Terrace, not more than one (1) time within any six (6) month period, to view the Terrace and offer tours to guests, provided Landlord shall use reasonable efforts to avoid conflicts with any particular pre-planned use of the Terrace by Tenant, or (v) make such alterations, improvements, additions or repairs to all or any portion of the Premises, the Base Building, the Building Systems or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to perform maintenanceunder applicable laws, repairs or alterationsby any governmental or quasi governmental authority, or by court order or decree. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises (and/or Terrace and Building Parking Facilities) at any time to (A) perform services required of Landlord, including janitorial services; (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 within the applicable 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 servicesto accomplish the stated purposes; provided, however, that except for (x) emergencies, (y) repairs, alterations, improvements or additions required by applicable Laws, 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 an emergencya manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours whenever reasonably practical. With respect to items (y) and (z) above, Landlord shall provide use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Landlord agrees that during any period when Landlord is accessing the Premises, it may have access to non-public information concerning Tenant’s business, which is reasonably identifiable as confidential or protected information (the “Tenant Confidential Information”) and Landlord agrees to use commercially reasonable efforts to keep such Tenant Confidential Information confidential. Tenant Confidential Information shall not include information that (a) is or becomes generally available to the public other than as a result of a disclosure by Landlord in violation of this Article 27, (b) was or becomes available to Landlord on a non-confidential basis from a source not known (or that should be known after reasonable inquiry) to Landlord, to be bound by a contractual, legal or fiduciary obligation of confidentiality to Tenant with reasonable prior notice respect to such information, (which noticec) has been or is subsequently independently conceived or developed by Landlord, notwithstanding Section 25.1without use of or reference to the Tenant Confidential Information. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, may be delivered by e-maillost profits, faxany loss of occupancy or quiet enjoyment of the Premises, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 1 contract

Sources: Sublease Agreement (Snowflake Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, The Landlord may enter the Premises or Building at reasonable hours and upon reasonable written notice to Tenant to (ia) inspect the Premises; same, (iib) show the Premises same to prospective purchasers, current lenders or prospective Security Holders or insurerstenants, or(c) determine whether Tenant is complying with all of Tenant's obligations hereunder, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iiid) post notices of non-responsibility; responsibility or (ive) perform maintenancemake repairs required of Landlord under the Lease, repairs to adjoining space or alterationsutility service, or make repairs, alterations or improvements to the Building, provided that all such work shall be done as promptly as possible and with as little interference to Tenant as reasonably possible. At Tenant hereby waives any time and without notice claim for damages for any inconvenience to or interference with Tenant's business, Landlord may enter any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry. Landlord shall at all times have and retain a key to perform required services; providedunlock all doors in, howeveron or about the Premises (excluding Tenant's vaults, that except safes and similar areas designated in writing by Tenant). In the event of an emergency, Landlord shall provide Tenant with reasonable prior notice (have the right to use any and all means which Landlord may deem proper to enter the Premises, without notice, notwithstanding Section 25.1, may for the limited purpose of abating as possible said emergency. Such emergency entrance shall not be delivered by e-mail, fax, telephone construed or orally and in person) of any deemed to be a forcible or unlawful entry to perform into or a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion detainer of the Premises to perform maintenanceor an eviction, repairs actual or alterations. In an emergencyconstructive, Landlord may use any means it deems proper to open doors to and in of Tenant from the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderthereof.

Appears in 1 contract

Sources: Commercial Lease (Medcross Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, oror to prospective tenants (provided that Landlord agrees that except in the event (a) Event of Default is then occurring 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 12 nine (9) months of the Term (or while an uncured Default exists), prospective tenantsthen current Lease Term; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof 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 ▇▇▇▇▇▇ 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 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 an emergencya 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 provide use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any Losses for any injuries or inconvenience to or interference with reasonable prior notice (which notice▇▇▇▇▇▇’s business, notwithstanding Section 25.1lost profits, may be delivered by e-mailany loss of occupancy or quiet enjoyment of the Premises, fax, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in 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 ▇▇▇▇▇▇ 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 minimize interference comply with Tenant’s use 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. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if provided Tenant makes such employee confidentiality agreement available when at the time Landlord enters or such other party desires to enter the Premises. No entry into or closure of any portion of , and further provided that such confidentiality agreement is in a standard form that Tenant requires all non-employee entrants to the Premises pursuant to this Section 18 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 render Landlord liable 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, constitute following a constructive evictionreasonable period in which Landlord allows Tenant to seek such an agreement, or excuse Tenant from any obligation hereunderto the extent reasonably necessary to perform maintenance and repairs to the Premises and the Project.

Appears in 1 contract

Sources: Office Lease (Amplitude, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof 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 T▇▇▇▇▇ 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 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 an emergencya 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 provide 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 reasonable prior notice (which noticeTenant’s business, notwithstanding Section 25.1lost profits, may be delivered by e-mailany loss of occupancy or quiet enjoyment of the Premises, fax, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 1 contract

Sources: Office Lease (Acadia Pharmaceuticals Inc)

ENTRY BY LANDLORD. At Landlord, and its duly authorized representatives, shall, upon reasonable prior notice (except in the case of emergency), 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, subject to Section 16.17 hereof, making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (but the 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 upon no less than 24 hours prior notice 7.2 and Exhibit B). and to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, tenants during the last 12 fifteen (15) months preceding expiration of the Term of this Lease as it may have been extended (or during the final twenty-four (24) months of the Term (or while an uncured Default exists), prospective tenants; (iiiif Tenant has no further extension options) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At and at any reasonable time and without during the Lease Term upon reasonable prior notice to Tenant, Landlord may enter show the Premises to perform required services; provided, however, that except in an emergency, prospective purchasers and mortgagees. Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry agrees to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use commercially reasonable efforts to minimize interference not unreasonably interfere with Tenant’s use of the Premises. Without limiting Premises during any such entry into the foregoingPremises and to schedule any such access hereunder during Tenant’s normal business hours and in the presence of a Tenant representative when feasible, except in the event of an emergency, and any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant then occupied by Tenant that would interfere with the operation of a first-class business office (whether due to this Section 18 shall render Landlord liable to Tenantnoise, constitute a constructive evictionthe creation of dirt or debris, or excuse Tenant from any obligation hereunderotherwise) will be performed after the Building’s normal business hours.

Appears in 1 contract

Sources: Lease Agreement (Markforged Holding Corp)

ENTRY BY LANDLORD. At Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) business days except in the case of emergency) to enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): (a) for the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereunder, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon no less than 24 hours the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing the Premises to prospective purchasers and mortgagees and, at any time within twelve (12) months prior notice to the expiration of the Term of this Lease for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, or but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in the event of an emergency, or following an Event of Default, which is continuing, Tenant shall have the right to have a representative accompany Landlord in any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions of this Lease shall be kept confidential by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may enter disclose the Premises to existence and/or contents of this Lease: (i) inspect as and only to the Premisesextent required by law; (ii) show as necessary to (a) manage its investment in the Premises to prospective purchasersBuilding or Project or (b) seek appropriate advice from professional advisors, current or prospective Security Holders or insurersincluding, orwithout limitation, during the last 12 months of the Term (or while an uncured Default exists)tax preparers, prospective tenantsbank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) post notices as necessary to enforce the terms of non-responsibility; this Lease, or (iv) perform maintenanceif the information is already a matter of public record or generally known to the public. In particular, repairs or alterations. At any time in addition to the foregoing and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except not in an emergencylimitation, Landlord shall provide not issue a press release or other public announcement concerning the existence and/or contents of the Lease without the prior written consent of Tenant. In the event that Tenant with reasonable gives its consent, Tenant shall have full approval rights over the timing, content and method of such public disclosures. Landlord agrees that neither Landlord nor any related entity shall use Tenant’s trade name, trademarks, logos, or designs in the printing, publication, or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior notice (written consent, which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and withheld in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premisessole and absolute discretion. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.[SIGNATURES ON THE NEXT PAGE] 37

Appears in 1 contract

Sources: Triple Net Lease Agreement

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior reasonable notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing provisions of this Section 18, (a) except in the case of an emergency, Landlord agrees to comply with Tenant's reasonable security measures with regard to Landlord's entry into the Premises (provided that Tenant has previously advised Landlord in writing of such reasonable security measures); and (b) Landlord shall use commercially reasonable efforts to not unreasonably interfere with Tenant's use of the Premises in connection with any such entry.

Appears in 1 contract

Sources: Office Lease (Nutanix, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) day’s prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Lease Term and accompanied by a representative of Tenant (or while an uncured Default existsprovided that Tenant makes a representative available for the same), to prospective tenants; (iii) post notices of non-responsibilityresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may enter make any such entries without the Premises abatement of Rent, except as otherwise expressly provided in this Lease, and shall take such reasonable steps as required to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of accomplish the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergencyactual or constructive eviction of Tenant from any portion of the Premises. 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 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 treated as 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 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 material interference with Tenant’s use of the Premises. Without limiting Premises in the foregoingexercise of Landlord’s rights under this paragraph, except in an emergencyand (b) subject to the provisions Section 10.5 above, shall be fully liable for any unreasonably noisy or otherwise disruptive work performed by Landlord damage done to the Premises and/or Tenant’s property located in the Premises pursuant to this Section 18 shall be performed outside in connection with such use of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into , and shall indemnify and hold Tenant harmless from and against any claims for personal injury or closure of any portion property damage that result from Landlord’s use of the Premises pursuant to as set forth in this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderparagraph).

Appears in 1 contract

Sources: Lease Agreement (Werewolf Therapeutics, Inc.)

ENTRY BY LANDLORD. At Tenant shall permit Landlord and Landlord's Agents to enter into and upon the Premises at all reasonable times and times, upon no less than reasonable notice at least 24 hours prior notice to Tenant, or in advance of such entry (except in the case of an emergency, Landlord may enter for which no notice shall be required), and subject to Tenant's reasonable security arrangements, for the Premises to (i) inspect purpose of inspecting the Premises; (ii) show same or showing the Premises to prospective purchasers, current lenders or prospective Security Holders tenants or insurersto alter, orimprove, during maintain and repair the last 12 months Premises or the Building as required or permitted of Landlord under the terms hereof, or for any other business purpose, without any rebate of Rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Term Premises thereby occasioned (except for actual damages resulting from the sole active gross negligence or while an uncured Default existswillful misconduct of Landlord or any of Landlord's Agents), prospective tenants; (iii) and Tenant shall permit Landlord to post notices of non-responsibility; or responsibility and ordinary "for lease" signs during the last six months of the Term, provided that such "for lease" signs to be placed in a location that does not interfere with Tenant's then-existing signage, and the size of which shall not exceed one hundred (iv100) perform maintenancesquare feet, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, include such riders as may be delivered reasonably requested by e-mailTenant (such as "do not disturb occupant" and "tenant relocating to larger space"). No such entry shall be construed to be a forcible or unlawful entry into, faxor a detainer of, telephone the Premises, or orally and in person) an eviction or constructive eviction of any entry to perform a service that is not performed on a monthly or more frequent basisTenant from the Premises. If reasonably necessary, Landlord may temporarily close any portion entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the Premises to perform maintenance, repairs or alterations. In case of an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Lease Agreement (Broadcom Corp)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice 16.1 Landlord shall have the right to Tenant, or in an emergency, Landlord may enter the Premises to during Tenant’s normal business hours and upon the giving of reasonable notice (ia) inspect the Premises; , (iib) show exhibit the Premises to prospective purchasers, current lenders or prospective Security Holders or insurerstenants, or(c) determine whether Tenant is performing all of its obligations hereunder, during the last 12 months of the Term (or while an uncured Default exists)d) supply any service to be provided by Landlord, prospective tenants; (iiie) post notices of non-responsibility; nonresponsibility, and (f) make any repairs to the Premises, or (iv) perform maintenancemake any repairs to any adjoining space or utility services, repairs or alterations. At make any time and without notice repairs, alterations or improvements to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any other portion of the Building, provided all such work shall be done as promptly as reasonably practicable and so as to cause as little interference to Tenant as reasonably practicable. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant’s vaults, safes and similar areas designated in writing by Tenant and approved in writing by Landlord in advance), and Landlord shall have the right to perform maintenance, repairs or alterations. In an emergency, use any and all means which Landlord may use any means it deems deem proper to open such doors in an emergency to and in obtain entry to the Premises. Except in an emergency, Landlord shall use reasonable efforts Any entry to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises obtained by Landlord in the Premises pursuant by any of such means, or otherwise, shall not under any circumstances be construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive or an eviction, actual or excuse constructive, of Tenant from the Premises or any obligation hereunderportion thereof.

Appears in 1 contract

Sources: Office Lease (PeopleSupport, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, The Landlord may enter the Premises or Building at reasonable hours and upon 24 hours reasonable written notice to Tenant to (ia) inspect the Premises; same, (iib) show the Premises same to prospective purchasers, current lenders or prospective Security Holders or insurerstenants, or(c) determine whether Tenant is complying with all of Tenant's obligations hereunder, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iiid) post notices of non-responsibility; responsibility or (ive) perform maintenancemake repairs required of Landlord under the Lease, repairs to adjoining space or alterationsutility service, or make repairs, alterations or improvements to the Building, provided that all such work shall be done as promptly as possible and with as little interference to Tenant as reasonably possible. At Tenant hereby waives any time and without notice claim for damages for any inconvenience to or interference with Tenant's business, Landlord may enter any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry. Landlord shall at all times have and retain a key to perform required services; providedunlock all doors in, howeveron or about the Premises (excluding Tenant's vaults, that except safes and similar areas designated in writing by Tenant). In the event of an emergency, Landlord shall provide Tenant with reasonable prior notice (have the right to use any and all means which Landlord may deem proper to enter the Premises, without notice, notwithstanding Section 25.1, may for the limited purpose of abating as possible said emergency. Such emergency entrance shall not be delivered by e-mail, fax, telephone construed or orally and in person) of any deemed to be a forcible or unlawful entry to perform into or a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion detainer of the Premises to perform maintenanceor an eviction, repairs actual or alterations. In an emergencyconstructive, Landlord may use any means it deems proper to open doors to and in of Tenant from the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderthereof.

Appears in 1 contract

Sources: Commercial Lease (Medcross Inc)

ENTRY BY LANDLORD. At Landlord and its agents shall be entitled to enter into and upon the premises at all reasonable times and times, upon no less than 24 hours prior reasonable notice to Tenant, or (except in the case of an emergency, in which event no notice shall be required), for the following purposes: (a) to inspect or make repairs, alterations or additions to all or any portion of the premises which Landlord may enter the Premises to deem appropriate (i) inspect the Premises; to comply with any laws, ordinances, rules, regulations, or policies of any governmental authority or Landlord's insurance carrier(s), or (ii) show the Premises to prospective purchasers, current prevent waste or prospective Security Holders or insurers, or, during the last 12 months deterioration of the Term (Project, or while an uncured Default exists), prospective tenants; (iii) to promote the general welfare and safety of occupants of the Project, or (iv) to enhance the value of the Project, or (v) to perform construction work elsewhere in the Building adjacent to, above, or below the premises, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, provided that Landlord shall use due diligence not to unreasonably interfere with Tenant's use of the premises in connection with the above; or (b) to post notices of non-responsibilityresponsibility for alterations, additions, or repairs; or (c) to place upon the premises any ordinary "for sale" signs and to show the premises to prospective purchasers or lenders; and, during the ninety (iv90) perform maintenanceday period prior to the expiration of this Lease, repairs or alterationsupon any Event of Default, to place upon the premises any usual or ordinary "for lease" signs and exhibit the premises to prospective tenants at reasonable hours. At any time and without notice Landlord's rights of entry as set forth in this Paragraph 21 shall be subject to the reasonable security regulations of Tenant, Landlord may enter and to the Premises to perform required services; provided, however, requirement that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s 's business activities on the premises. The preceding sentence shall not require the use of overtime labor or the Premises. Without limiting the foregoing, except in an emergency, conduct of any unreasonably noisy work or otherwise disruptive work performed by other activities of Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal during Tenant's non-business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Sublease and Lease Agreement (Inhale Therapeutic Systems)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) day’s prior written (which may be by email) notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterations. At any time improvements to the Building or the Building’s systems and without notice to Tenant, Landlord may enter the Premises to perform required servicesequipment; provided, however, Landlord acknowledges that except certain areas of the Premises contain materials and information that is confidential to Tenant, and/or are substance-controlled (each, a “Restricted Area”); in an emergencysuch areas, Landlord acknowledges and agrees that it will enter a Restricted Area only when accompanied by a representative of Tenant and wearing such protective garments as Tenant shall provide require. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises and shall take all reasonable efforts to preserve the confidentiality of the business operations of Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry shall advise all Landlord Parties to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarydo so, Landlord may temporarily close make any portion such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises, and upon the conclusion of the emergency within five (5) business days of Tenant’s request Landlord shall provide a summary to Tenant as to the reason for its entry and those persons who entered the Premises and all actions taken. Except in an emergencyIn the event Drug Enforcement Agency regulations require additional notice requirements following entry by Landlord or require restrictions on entry into the Premises, Landlord shall use reasonable efforts reasonably cooperate with such requirements provided Tenant provides written notice and proof of such requirements to minimize interference with Tenant’s use of Landlord. Any entry into the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderPremises.

Appears in 1 contract

Sources: Lease Agreement (Braeburn Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. At all reasonable times 27.1 Landlord and upon no less than 24 hours prior notice to Tenant, or in an emergency, Landlord its designees may enter the Demised Premises at reasonable hours and upon reasonable prior notice (except in the event of an emergency or an entry to perform janitorial services) to (ia) inspect the Premises; same, (iib) show exhibit the Premises same to prospective purchasers, current lenders or prospective Security Holders or insurers, or, during the last 12 months of the Term tenants (or while an uncured Default exists), prospective tenants; provided that (iiii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except such entry shall be done in an emergency, Landlord shall provide Tenant with reasonable prior notice (a manner which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is does not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference materially interfere with Tenant’s use of the Demised Premises. Without limiting , and (ii) Landlord shall only be permitted to show the foregoingDemised Premises to prospective Tenants during the one hundred eighty (180) days preceding the Expiration Date), except in an emergency(c) determine whether Tenant is complying with all of its obligations hereunder, (d) supply janitorial service and any unreasonably noisy or otherwise disruptive work performed other services to be provided by Landlord to Tenant hereunder, (e) post notices of nonresponsibility, and (f) make repairs to the Demised Premises, to any adjoining space or to any other portion of the Building, provided that all such work shall be done as promptly as reasonably possible and in a manner so as to minimize any interference with ▇▇▇▇▇▇’s operations in the Demised Premises. 27.2 Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Demised Premises pursuant (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance); and Landlord shall have the right to this Section 18 use any and all means which Landlord may reasonably deem proper to open said doors in any emergency in order to obtain entry to the Demised Premises, and any entry to the Demised Premises obtained by Landlord by any of said means shall not under any circumstances be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No construed or deemed to be a forcible or unlawful entry into or closure a detainer of the Demised Premises or an eviction, actual or constructive, of Tenant from the Demised Premises, or any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderthereof.

Appears in 1 contract

Sources: Lease Agreement (Conifer Holdings, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no less than 24 hours prior a minimum of twenty-four (24) hours’ notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building's systems and equipment. At any time and without notice to Tenant, Landlord may enter make any such entries without the Premises abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of accomplish the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may reasonably deem proper to open the doors in and to and in the Premises. Except in an emergency, Landlord shall use commercially reasonable efforts to minimize interference with the conduct of ▇▇▇▇▇▇'s business in connection with entries into the Premises and agrees to comply at all times with Tenant’s use 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. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.38

Appears in 1 contract

Sources: Lease (Myriad Genetics Inc)

ENTRY BY LANDLORD. At all reasonable times Landlord and upon no less than 24 hours prior notice its respective agents and contractors shall have the right to Tenant, enter or in an emergency, Landlord may enter pass through the Premises: (a) to examine and show Premises to (i) inspect the Premises; (ii) show the Premises to actual and prospective purchaserslenders, current or prospective Security Senior Interest Holders or insurers, orand purchasers and, during the last 12 6 months of the Term Term, prospective lessees of the Premises, (b) to conduct such activities as are necessary or desirable for the operation and maintenance of, and to make repairs, alterations and improvements in, the Premises and/or the Building and their respective systems, facilities and equipment, (c) to remove any violation of Law noted or issued against the Building, the Premises or any part thereof, and (d) to read and maintain utility meters located therein. Any entry by Landlord shall be made on reasonable advance oral or written notice, except in emergency situations. Landlord shall have a pass key (or while an uncured Default exists), prospective tenants; (iiisimilar entry device) post notices of non-responsibility; or (iv) perform to the Premises and shall be allowed to bring materials and equipment into the Premises as required in connection with maintenance, repairs and alterations of the Premises and/or Building without any liability to Tenant and without any reduction of Tenant's obligations. If, during the last month of the Term, Tenant has removed all or alterations. At any time and substantially all of Tenant's Property from the Premises, Landlord, without notice to Tenant, Landlord may immediately enter the Premises and alter, renovate and decorate the same, without liability to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone and without reducing or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterationsotherwise affecting Tenant's obligations hereunder. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergencyexercising its rights under this Section 12.6, Landlord shall use reasonable efforts to minimize avoid unreasonable interference with the normal conduct of Tenant’s use of 's business in the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Office Space Lease (Star Multi Care Services Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 six (6) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time Notwithstanding anything to the contrary contained herein, Tenant shall be entitled, during the Lease Term, to designate certain portions of the Premises as a “Secured Area” and without to control access to such areas as reasonably necessary to secure such Secured Area(s). The Secured Areas shall be comprised of Tenant’s lab space and IT room. Landlord and Tenant hereby agree and acknowledge that, except in the case of an emergency, Landlord shall enter such Secured Areas only upon one (1) business days’ prior notice to Tenant and only after providing Tenant with the opportunity to have a representative of Tenant present as an escort. Landlord and Tenant hereby agree to use commercially reasonable efforts to schedule any such entries into the Secured Areas by Landlord at times that are mutually convenient to both Landlord and Tenant, taking into consideration the nature of Tenant’s operations in the Premises and the nature of the desired entry. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof 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, that 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 an emergencya 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 provide Tenant use commercially reasonable efforts to not materially interfere with reasonable prior notice (which noticeTenant’s use of, notwithstanding Section 25.1or access to, may be delivered by e-mail, fax, telephone or orally and in person) the Premises. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergencyactual 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 shall use reasonable efforts 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. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Office Lease (Entropic Communications Inc)

ENTRY BY LANDLORD. At 13.1 Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times and upon no less than 24 hours prior reasonable advance notice to Tenant, or Tenant (except in the event of an emergency, Landlord may enter the Premises to ) (i) inspect to determine whether the Premises; Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to maintain or to make any repair or restoration to the Building, (iii) to install any meters or other equipment which Landlord may have the right to install, (iv) to serve, post, or keep posted any notices required or allowed under the provisions of this Lease, (v) to post "for rent" or "for lease" signs during the last three (3) months of the term or during any period while Tenant is in default, (vi) to show the Premises to prospective purchasersbrokers, current agents, buyers, tenants, or prospective Security Holders or insurerspersons interested in an exchange, or(vii) to shore the foundations, during the last 12 months footings, and walls of the Term Building and to erect temporary scaffolding and protective barricades around and about the Building or the Premises for safety purposes, but not so as to prevent entry into the Premises, and (viii) to do any other act or while an uncured Default exists)thing necessary for the safety or preservation of the Premises or the Building. Landlord shall have the right at all times to have and retain a key with which to unlock all doors in, prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenanceupon and about the Premises excluding Tenant's vaults and safes, repairs or alterations. At and Landlord shall have the right to use any time and without notice to Tenant, all means which Landlord may enter deem proper to gain entry in an emergency, and any entry to the Premises obtained by Landlord in accordance with the foregoing shall not be construed or deemed to perform required servicesbe a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof; provided, however, that except in an emergencyfor (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 and have not been completed by Tenant, any such entry into the Premises by Landlord shall provide be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone Tenant's business and any loss of occupancy or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion quiet enjoyment of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and by reason of Landlord's exercise of its rights of entry in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference accordance with Tenant’s use of the Premises. Without limiting the foregoingthis Article 13, except with respect to property damage caused by Landlord's negligence or wilful misconduct, and, except as set forth in an emergencySection 12.7, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergencyabove, Tenant may have one shall not be entitled to an abatement or reduction of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the PremisesRent in connection therewith. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.14. MAINTENANCE AND REPAIR; COMPLIANCE WITH LAW 14.1

Appears in 1 contract

Sources: Office Lease (Activision Inc /Ny)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than after 24 hours prior notice (except in emergencies) have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, current lenders, or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the Premises where reasonably required by the character of the work to perform maintenancebe performed; provided, repairs or alterationshowever that the business of Tenant shall be interfered with to the least extent that is reasonably practical. In an emergency, Landlord may use any means it deems proper to open doors to and in For each of the Premises. Except in an emergencyforegoing purposes, Landlord shall use reasonable efforts at all times have and retain a key with which to minimize interference with Tenant’s use unlock all of the Premises. Without limiting the foregoing, except doors in an emergencyemergency in order to obtain entry to the Premises, and any unreasonably noisy or otherwise disruptive work performed entry to the Premises obtained by Landlord in the Premises pursuant by any of said means, or otherwise, shall not under any circumstances be construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time to this Section 18 change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall render Landlord liable to be deemed an actual or constructive eviction of Tenant, constitute a constructive eviction, or excuse shall entitle Tenant from to any obligation damages or reduction of rent hereunder.

Appears in 1 contract

Sources: Lease Agreement (Details Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) day’s prior notice to Tenant, Tenant which may be given by telephone or electronic mail (except in the case of an emergency, Landlord may emergency or with respect to regularly scheduled services) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At Landlord shall comply with reasonable and nondiscriminatory requirements of Tenant during any time such entry into the Premises intended in good faith to protect Tenant’s work, business activities and without notice proprietary information. Provided that Landlord employs commercially reasonable efforts to so comply and to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may enter make any such entries without creating a default by Landlord and shall take such reasonable steps as required to accomplish the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any reasonable means it deems proper to open the doors in and to and in the Premises. Except in Landlord also shall have the right at any time, without the same constituting an emergencyactual or constructive eviction and without incurring any liability to Tenant therefor, Landlord shall use reasonable efforts to minimize interference 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 Tenant’s or deprive Tenant of access to or use of the Premises, or (B) reduce the rentable area (except by a de minimis amount) of the Premises. Without limiting Any entry into the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises, and the Base Rent (and any other item of Rent) shall under no circumstances ▇▇▇▇▇ while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be present when for any reason entry into the Premises pursuant to this Section 18 shall render be necessary or permissible, Landlord or Landlord’s agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord’s agents shall accord reasonable care under the circumstances to Tenant’s Property, constitute a constructive evictionand without in any manner affecting this Lease. Tenant shall, at all times during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or excuse 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 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 treated as Common Areas. Tenant shall not make any Alterations in the Future Shaft Areas and shall remove any of Tenant’s property from any obligation hereunderthe same upon reasonable prior notice from Landlord.

Appears in 1 contract

Sources: Lease Agreement (Organovo Holdings, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no less than 24 twenty-four (24) hours prior written notice to Tenant (or oral notice to Tenant’s office manager), or except in the case of an emergencyEmergency in which case no notice shall be required, Landlord may to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building Systems. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 23, Landlord may enter the Premises at any time to (A) perform standard services required servicesof Landlord, including janitorial service; (B) take possession due to a default by Tenant in the manner provided herein; and (C) subject to the terms of Section 19.7, above, 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 except for emergencies, any such entry shall be performed in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry expeditious manner so as not to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference unreasonably interfere with Tenant’s use of the Premises. Without limiting Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Article 23 with Tenant (except entries under items (A) and (B), above) so that Tenant, at Tenant’s option, may provide a representative to accompany Landlord. Landlord agrees to take no photographs of any active work areas in the Premises without Tenant’s prior consent and agrees that any information obtained by any entry into the Premises by Landlord or its employees, agents or contractors shall be kept strictly confidential. Even in an Emergency situation, Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant’s business operations. Except as otherwise provided in 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; 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. Notwithstanding anything to the contrary set forth in this Article 23, 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 emergencyEmergency. 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 Base Building; (ii) as required by applicable Laws, any unreasonably noisy or otherwise disruptive work performed (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 Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of normal business hours. Except in an emergency, Tenant may have one from any portion of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or closure of any portion of the Premises pursuant decorations except as otherwise expressly agreed to this Section 18 shall render be performed by Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 1 contract

Sources: Office Lease (GoodRx Holdings, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior one (1) business days’ notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Office Lease (Qualys, Inc.)

ENTRY BY LANDLORD. At Landlord, and its duly authorized representatives, shall, upon reasonable prior notice (except in the case of emergency), have the right to enter the Premises (i) at all reasonable times (except at any time in the case of emergency) for the purposes of inspecting the condition of same and upon making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (but the Landlord shall have no less than 24 hours prior notice duty whatsoever to Tenantmake any such inspections, repairs, alterations, additions or improvements except as otherwise provided in an emergencySections 4.1, Landlord may enter 7.1, and 7.2, and Exhibit B-1), (ii) to show and market the Premises to prospective tenants from and after such time as Tenant’s extension option has lapsed unexercised during the Original Term, or during the final twelve (i12) inspect months of the Premises; Extended Term, as applicable, and (iiiii) at any reasonable time during the Lease Term to show the Premises to prospective purchaserspurchasers and mortgagees. In addition, current or prospective Security Holders or insurers, or, during to the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice extent that it is necessary to Tenant, Landlord may enter the Premises in order to perform required services; provided, however, access any area that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close serves any portion of the Premises to perform maintenanceBuilding outside the Premises, repairs or alterations. In an emergencythen Tenant shall, Landlord may use any means it deems proper to open doors to upon as much advance notice as is practical under the circumstances, and in the Premises. Except any event at least forty-eight (48) hours’ prior written notice (except that no notice shall be required in an emergencyemergency situations), permit contractors engaged by Landlord shall use reasonable efforts to minimize interference with Tenant’s use or by other occupants of the PremisesBuilding to pass through the Premises in order to access such areas but only if accompanied at all times by a representative of Landlord. Without limiting the foregoingThe parties agree and acknowledge that, except in an emergencydespite reasonable and customary precautions (which Landlord agrees it shall exercise), any unreasonably noisy property or otherwise disruptive work performed by Landlord equipment in the Premises pursuant of a delicate, fragile or vulnerable nature may nevertheless be damaged in the course of performing Landlord’s obligations. Accordingly, Tenant shall take reasonable protective precautions with unusually fragile, vulnerable or sensitive property and equipment. Notwithstanding anything to the contrary contained herein, Tenant shall be entitled to have a representative present for any access by Landlord or any Landlord Parties in exercising its rights under this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder16.

Appears in 1 contract

Sources: Lease (Akebia Therapeutics, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, The Landlord may enter the Premises or Building at reasonable hours and upon 24 hours reasonable written notice to Tenant to (ia) inspect the Premises; same, (iib) show the Premises same to prospective purchasers, current lenders or prospective Security Holders or insurerstenants, or(c) determine whether Tenant is complying with all of Tenant's obligations hereunder, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iiid) post notices of non-responsibility; responsibility or (ive) perform maintenancemake repairs required of Landlord under the Lease, repairs to adjoining space or alterationsutility service, or make repairs, alterations or improvements to the Building, provided that an such. At work shall be done as promptly as possible and with as little interference to Tenant as reasonably possible. Tenant hereby waives any time and without notice claim for damages for any inconvenience to or interference with Tenant's business, Landlord may enter any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry. Landlord shall at all times have and retain a key to perform required services; providedunlock all doors in, howeveron or about the Premises (excluding Tenant's vaults, that except safes and similar areas designated in writing by Tenant). In the event of an emergency, Landlord shall provide Tenant with reasonable prior notice (have the right to use any and all means which Landlord may deem proper to enter the Premises, without notice, notwithstanding Section 25.1, may for the limited purpose of abating as possible said emergency. Such emergency entrance shall not be delivered by e-mail, fax, telephone construed or orally and in person) of any deemed to be a forcible or unlawful entry to perform into or a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion detainer of the Premises to perform maintenanceor an eviction, repairs actual or alterations. In an emergencyconstructive, Landlord may use any means it deems proper to open doors to and in of Tenant from the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderthereof.

Appears in 1 contract

Sources: Commercial Lease (Magellan Technology Inc)

ENTRY BY LANDLORD. At all Upon reasonable times and upon no prior notice (not less than 24 hours prior notice to Tenanthours), or in an emergencyemergency without notice, Landlord may shall have the right to enter the Premises Premises: (a) to inspect them, (ib) inspect the Premises; to supply any service provided to Tenant hereunder, (iic) to show the Premises to prospective purchasers, current lenders or prospective Security Holders or insurers, or, tenants (but such right with respect to tenants shall only be permitted during the last 12 9 months of the Term (or while an uncured Default existsterm), prospective tenants; (iiid) to post notices of non-responsibility; nonresponsibility, (e) to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises Building, and (f) to perform maintenanceerect scaffolding and other necessary structures outside of the Premises, repairs or alterationswhere required by the work to be performed, all without reduction of rent. In an emergencyconnection with any such entry, Landlord may shall use commercially reasonable efforts not to unreasonably interfere with the conduct of Tenant’s business on the Premises. Tenant hereby waives any claims for damages for any injury to or interference with Tenant’s business or quiet enjoyment of the Premises or any other loss occasioned by such entry provided that Landlord shall use commercially reasonable efforts not to unreasonably interfere with the conduct of Tenant’s business on the Premises. Landlord shall at all times have a key to unlock all of the doors in and about the Premises, excluding Tenant’s vaults and safes, and Landlord shall have the right to use any means it which Landlord deems proper to open said doors to and in the Premises. Except in an any emergency, Landlord and any such entry to the Premises shall use reasonable efforts not under any circumstances be construed or deemed to minimize interference with Tenant’s use be a forcible or unlawful entry into the Premises or a detainer of the Premises. Without limiting the foregoing, except in Premises or an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside eviction of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of from any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderPremises.

Appears in 1 contract

Sources: Lease (Constant Contact, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof 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 Tena▇▇ ▇▇▇ls 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 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 an emergencya 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 provide use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Except as otherwise expressly set forth in Section 6.7 or elsewhere in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with reasonable prior notice (which noticeTenant’s business, notwithstanding Section 25.1lost profits, may be delivered by e-mailany loss of occupancy or quiet enjoyment of the Premises, fax, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 1 contract

Sources: Office Lease (Dexcom Inc)

ENTRY BY LANDLORD. At Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times and during normal business hours upon no less than 24 hours prior reasonable notice to Tenant, or but only in the presence of a representative of Tenant, and at any time in case of an emergency, Landlord may enter the Premises to emergency (i) inspect to determine whether the Premises; Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to maintain or to make any repair or restoration to the Building that Landlord has the right or obligation to perform, (iii) to install any meters or other equipment which Landlord may have the right to install, (iv) to serve, post, or keep posted any notices required or allowed under the provisions of this Lease, (v) to post "for sale" signs at any time during the term, and to post "for rent" or "for lease" signs during the last three (3) months of the term, (vi) to show the Premises to prospective purchasersbrokers, current agents or prospective Security Holders or insurers, or, buyers and during the last 12 six (6) months of the Term (or while an uncured Default exists)term, to prospective tenants; , (iiivii) post notices to shore the foundations, footings, and walls of non-responsibility; the Building and to erect scaffolding and protective barricades around and about the Building or the Premises, but not so as to prevent entry into the Premises, and (ivviii) perform maintenance, repairs to do any other act or alterations. At any time and without notice to Tenant, Landlord may enter thing necessary for the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone safety or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion preservation of the Premises to perform maintenance, repairs or alterationsthe Building. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts have the right at all times to minimize interference have and retain a key with Tenant’s use of the Premises. Without limiting the foregoingwhich to unlock all doors in, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in upon and about the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergencyexcluding Tenant's vaults and safes, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.and Landlord

Appears in 1 contract

Sources: Sublease Agreement (Vision Solutions Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours three (3) days’ prior notice to Tenant, Tenant (except in the case of an emergency or in an emergency, Landlord may with respect to regularly scheduled services) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilityresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Notwithstanding the foregoing, if Landlord desires to Tenant, Landlord may enter the Premises upon less than three (3) days’ notice, Tenant shall use good faith, diligent efforts to perform required servicesaccommodate Landlord’s entry upon such shorter notice. Tenant shall additionally have the right to require that Landlord be accompanied by a representative of Tenant during any such entry as an escort for Landlord’s personnel so long as Tenant makes a representative available at commercially reasonable times; provided, however, any entry into the BSL 3 laboratory area shall be restricted to persons (i) with proper training as to Tenant’s applicable safety and security protocols, (ii) appropriate personal protective equipment as reasonably required by Tenant, and (iii) accompanied by a representative of Tenant as an escort for such persons (which representative Tenant shall make available at all commercially reasonable times). Provided that except Landlord employs commercially reasonable efforts to minimize interference with the conduct of ▇▇▇▇▇▇’s business in an emergencyconnection with entries into the Premises, Landlord may make any such entries without creating a default by Landlord and shall take such reasonable steps as required to accomplish the stated purposes. In making any such entry, Landlord shall provide Tenant with use commercially reasonable efforts to follow, and cause third parties making entry at the request of Landlord to follow, ▇▇▇▇▇▇’s safety and security protocols of which Landlord has prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except in Landlord also shall have the right at any time, without the same constituting an emergencyactual or constructive eviction and without incurring any liability to Tenant therefor, Landlord shall use reasonable efforts to minimize interference 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 Tenant’s use or deprive Tenant of access to the Premises nor compromise the safety and security protocols applicable to the laboratory areas within the Premises, or (B) reduce the rentable area (except by a de minimis amount) of the Premises. Without limiting Any entry into the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises pursuant to this Section 18 and the Base Rent (and any other item of Rent) shall render under no circumstances ▇▇▇▇▇ while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord’s agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord’s agents shall accord reasonable care under the circumstances to Tenant’s Property, constitute a constructive evictionand without in any manner affecting this Lease. Tenant shall, at all times during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or excuse Tenant from any obligation hereunderother means necessary to access the Premises.

Appears in 1 contract

Sources: Lease Agreement (Vir Biotechnology, Inc.)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than 24 hours prior reasonable notice have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, current mortgagers or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises and any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the Premises where reasonably required by the character of the work to perform required servicesbe performed; provided, however, that the business of Tenant shall be interfered with to the least extent that is reasonably practical. For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall be deemed and actual or constructive eviction of Tenant, or shall entitle Tenant to any reduction of rent hereunder, except to the extent Tenant's access to or use of the Premises is materially impaired thereby. Landlord acknowledges that there may be certain areas of the Premises to which Landlord may not have keys and to which Landlord must be accompanied by a representative of Tenant except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Lease (Siebel Systems Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building's systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe 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 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 -▇▇- ▇▇▇ ▇▇▇▇▇▇[▇▇▇▇▇▇ Realty, L.P.][Concur Technologies, Inc.] of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required servicesto accomplish the stated purposes; provided, however, that 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 an emergencya 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 provide 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 reasonable prior notice (which noticeTenant's business, notwithstanding Section 25.1lost profits, may be delivered by e-mailany loss of occupancy or quiet enjoyment of the Premises, fax, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 1 contract

Sources: Office Lease (Concur Technologies Inc)

ENTRY BY LANDLORD. At Tenant shall permit Landlord and Landlord’s Agents to enter into and upon the Premises at all reasonable times and times, upon no less than 24 hours prior reasonable notice (except to Tenant, provide regular services or in the case of an emergency, Landlord may enter the Premises in which circumstances no notice shall be required), and subject to (i) Tenant’s reasonable security arrangements, to inspect the Premises; (ii) same, to show the Premises to prospective purchasers, current or prospective Security Holders or insurerslenders, or, during the last 12 six (6) months of the Term (or while an uncured Default exists)Term, prospective tenants; (iii) tenants and post ordinary “for lease” signs, to post notices of non-responsibility; responsibility and ordinary “for sale” signs, to provide services, alter, improve, maintain and repair the Premises or (iv) perform maintenancethe Building as required or permitted of Landlord under the terms hereof, repairs or alterations. At for any time other business purpose, without any rebate of Rent and without notice any liability to Tenant, Landlord may enter Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. No such entry shall be construed to perform required services; providedbe a forcible or unlawful entry into, howeveror a detainer of, that except in the Premises, or an emergency, Landlord shall provide eviction or constructive eviction of Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basisfrom the Premises. If reasonably necessary, Landlord may temporarily close any portion entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and such closure in the Premisescase of an emergency and when Landlord otherwise deems such closure necessary. Except in an emergency, Landlord shall agrees to use commercially reasonable efforts not to minimize interference with disturb Tenant’s use or occupancy of the Premises. Without limiting , the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord Building and/or the Parking Areas in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one exercise of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to rights under this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderParagraph 20.

Appears in 1 contract

Sources: Lease Agreement (Blackhawk Network Holdings, Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant of no less than 24 twenty–four (24) hours (except no such prior notice shall be required in emergencies) to Tenantenter the Premises (provided Landlord is accompanied by a representative of Tenant and does not enter the Restricted Areas, or except in an emergency, Landlord may enter the Premises to ) to: (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, current mortgagees or prospective Security Holders ground or insurersunderlying lessors, or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or alterationsimprovements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required servicesof Landlord, (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. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that except any such entry shall be accomplished as expeditiously as reasonably possible and in an emergencya 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 by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall provide 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 with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations“Restricted Areas”). In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of Any entry into the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderPremises.

Appears in 1 contract

Sources: Office Lease (Accelrys, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, The Landlord may enter the Premises or Building at reasonable hours and upon 24 hours reasonable written notice to Tenant to (ia) inspect the Premises; same, (iib) show the Premises same to prospective purchasers, current lenders or prospective Security Holders or insurerstenants, or(c) determine whether Tenant is complying with all of Tenant's obligations hereunder, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iiid) post notices of non-responsibility; responsibility or (ive) perform maintenancemake repairs required of Landlord under the Lease, repairs to adjoining space or alterationsutility service, or make repairs, alterations or improvements to the Building, provided that all such work shall be done as promptly as possible and with as ti▇▇▇▇ ▇nterference to Tenant as reasonably possible. At Tenant hereby waives any time and without notice claim for damages for any inconvenience to or interference with Tenant's business, Landlord may enter any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry. Landlord shall at all times have and retain a key to perform required services; providedunlock all doors in, howeveron or about the Premises (excluding Tenant's vaults, that except safes and similar areas designated in writing by Tenant). In the event of an emergency, Landlord shall provide Tenant with reasonable prior notice (have the right to use any and all means which Landlord may deem proper to enter the Premises, without notice, notwithstanding Section 25.1, may for the limited purpose of abating as quickly as possible said emergency. Such emergency entrance shall not be delivered by e-mail, fax, telephone construed or orally and in person) of any deemed to be a forcible or unlawful entry to perform into or a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion detainer of the Premises to perform maintenanceor an eviction, repairs actual or alterations. In an emergencyconstructive, Landlord may use any means it deems proper to open doors to and in of Tenant from the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderthereof.

Appears in 1 contract

Sources: Commercial Lease (Whitney Information Network Inc)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than time after at least 24 hours prior notice (except in emergencies) have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, current mortgagers or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the Premises where reasonably required by the character of the work to perform maintenancebe performed; provided, repairs or alterationshowever that the business of Tenant shall be interfered with to the least extent that is reasonably practical. In an emergency, Landlord may use any means it deems proper to open doors to and in For each of the Premises. Except in an emergencyforegoing purposes, Landlord shall use reasonable efforts at all times have and retain a key with which to minimize interference with Tenant’s use unlock all of the Premises. Without limiting the foregoing, except doors in an emergencyemergency in order to obtain entry to the Premises, and any unreasonably noisy or otherwise disruptive work performed entry to the Premises obtained by Landlord in the Premises pursuant by any of said means, or otherwise, shall not under any circumstances be construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time to this Section 18 change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall render Landlord liable to be deemed an actual or constructive eviction of Tenant, constitute a constructive eviction, or excuse shall entitle Tenant from to any obligation reduction of rent hereunder.

Appears in 1 contract

Sources: Lease Agreement (Transmeta Corp)

ENTRY BY LANDLORD. At all reasonable times Landlord, and upon no less than 24 hours prior notice to TenantLandlord’s contractors, or in an emergencyagents and consultants, Landlord may enter the Premises to during normal business hours and upon not less than 48 hours prior notice (i) which notice may be oral), other than in the case of any emergency in which case any such party may enter the Premises at any time, to: inspect the Premisessame; (ii) show exhibit the Premises same to prospective purchasers, current prospective mortgagees or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) determine whether Tenant is complying with all of its obligations under this Lease, including, without limitation, the Handling of Hazardous Materials by Tenant; post notices of non-responsibility; responsibility or (iv) perform maintenance, to make repairs or alterationsimprovements in or to the Premises. At Tenant hereby waives any time and without notice claim for damages for any injury to, or interference with, Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, or any other loss occasioned by such entry or repair or service work, which Landlord deems to Tenant, Landlord may enter the Premises to perform required servicesbe reasonably necessary; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use its reasonable efforts to minimize interference prevent any such entry from adversely interfering with Tenant’s use of the Premises. Without limiting the foregoingPremises in any material respect, except in the event of an emergency. Landlord may require Tenant to provide a key with which to unlock one or more doors that, collectively, would enable Landlord to access the entire Premises (excluding Tenant’s safes and similar areas designated by Tenant in writing in advance), and Landlord may obtain entry to the Premises, and any unreasonably noisy entry shall not under any circumstances be deemed to be a forcible or otherwise disruptive work performed by Landlord in unlawful entry into, or a detainer of, the Premises pursuant to this Section 18 shall be performed outside or an eviction, actual or constructive, of normal business hours. Except in an emergency, Tenant may have one from any part of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No Such entry into or closure by Landlord shall not act as a termination of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderLease.

Appears in 1 contract

Sources: Lease Agreement (Dayton Superior Corp)

ENTRY BY LANDLORD. At all Landlord and its agents shall have the right to enter or pass through the Premises at reasonable times and upon no less than 24 hours with reasonable prior notice subject to Tenant, or in an emergency, Landlord may enter the terms set forth below: (a) to examine the Premises and to show them to actual and prospective lenders, purchasers and lessors, (ib) inspect the Premises; (ii) to show prospective lessees of the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term Lease Term; (c) to show the Contraction Space (as defined in ARTICLE 30) at any time after Tenant has exercised its Contraction Right in accordance with ARTICLE 30 hereto; and (d) to make repairs, alterations, additions and improvements in the Premises, the Building or while an uncured Default exists)Building facilities and equipment as provided for herein. Any entry by Landlord shall be made on reasonable advance notice which notice shall not be less than twenty four (24) hours, prospective tenantsexcept in emergency situations. In exercising its rights under this SECTION 12.2, Landlord and its agents, employees and invitees shall (i) take reasonable measures (without requiring the use of overtime or premium pay labor) to avoid unnecessary interference with ▇▇▇▇▇▇'s use and occupancy of the Premises; (ii) be subject to Tenant's reasonable security regulations or procedures; (iii) post notices of non-responsibility; take reasonable measures to safeguard all person and property in the Premises from any injury or damage and (iv) perform maintenancemaintain in confidence any information learned about Tenant or its agents, repairs employees or invitees. Landlord shall have a pass key to the Premises (except for any locked areas described in SECTION 6.9 hereof), and shall be allowed to bring reasonable amounts of materials and equipment into the Premises as required in connection with repairs, alterations. At , additions and improvements, without any time liability to Tenant and without notice any reduction of Tenant's covenants and obligations, except as otherwise expressly provided under this Lease. Landlord shall be responsible for any damages caused to Tenant, Landlord may enter ▇▇▇▇▇▇'s property to the extent resulting from any forced entry into the Premises to perform required services; providedby Landlord or its agents, however, that except as necessary in the case of an emergency, Landlord shall . ▇▇▇▇▇▇▇▇ agrees to provide Tenant with reasonable prior advance notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises need to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in enter the Premises pursuant as referenced above and, upon ▇▇▇▇▇▇'s request, will meet with Tenant to this Section 18 shall be performed outside of normal agree upon a mutually agreeable schedule for such entry, including, when feasible, scheduling entry times during other than regular business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Undefined (Ocwen Asset Investment Corp)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no less than 24 hours prior notice reasonable notice, but in such manner as to Tenantcause as little disturbance to Tenant as is reasonably practicable, or in an emergency, Landlord may to enter the Premises within an escort by a Tenant representative (if requested by Tenant) to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurersmortgagees, or, tenants (during the last 12 twelve (12) months of the Lease Term (or while an uncured Default existsonly), prospective tenantsor ground or underlying lessors; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building if necessary to comply with current Building codes or other applicable laws, or for structural alterations, repairs or alterationsimprovements to the Building. At Landlord shall minimize any time interruption of Tenant’s business operations resulting from any entry to the Premises hereunder as reasonably practicable, and without notice shall, at its sole cost and expense, repair and restore any damage to Tenantthe Premises caused by or at the direction of Landlord in exercising such rights (subject, however, to Section 10.5). 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; (B) take possession due to any Event of Default in the manner provided herein; (C) perform any covenants of Tenant which Tenant fails to perform required services; provided, however, that except in or (D) address an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basisemergency situation. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 Any such entries shall be performed outside without the abatement of normal business hours. Except in Rent, shall not be deemed an emergencyunlawful entry, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a an actual or constructive eviction, or excuse Tenant from any obligation hereunderand shall include the right to take such reasonable steps as required to accomplish the stated purposes.

Appears in 1 contract

Sources: Office Lease (Women First Healthcare Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no less than 24 hours prior reasonable notice to Tenant, or Tenant (except in the case of an emergency, Landlord may Emergency) to enter the Premises to (i) inspect the Premisesthem; (ii) show the 8377633.2 (8383465.1) -▇▇- ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ I Limited Partnership [Britannia Point Eden] [Pulse Biosciences, Inc.] Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) perform maintenancerepair the Premises or the Building, or for structural repairs to the Building or alterationsthe Building's systems and equipment as provided under the Lease. At Landlord may make any time such entries without the abatement of Rent, except as otherwise provided in this Lease, and without notice may take such reasonable steps as required to Tenantaccomplish the stated purposes. In an Emergency, Landlord shall have the right to use any means that Landlord may enter 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 perform required servicesbe 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. Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's use of or access to the Premises in connection with any such entry, and shall comply with Tenant's reasonable security measures, including that Tenant may require that Landlord be accompanied by an employee of Tenant during any such entry into the Premises by Landlord (except in the event of an emergency in which case no escort shall be required); provided, however, that except in an emergency, 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. Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of hold confidential any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with information regarding Tenant’s use business that it may learn as a result of the Premisessuch entry. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Lease (Pulse Biosciences, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 six (6) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof 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, that 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 an emergencya 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 provide Tenant use commercially reasonable efforts to not materially interfere with reasonable prior notice (which noticeTenant’s use of, notwithstanding Section 25.1or access to, may be delivered by e-mail, fax, telephone or orally and in person) the Premises. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergencyactual 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 shall use reasonable efforts 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. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Office Lease (Volcano Corp)

ENTRY BY LANDLORD. At all Subject to applicable Legal Requirements and the terms of this Lease, Landlord shall have the right to enter (a) the unimproved portion of the Premises, upon reasonable times and upon no less than 24 hours prior notice to TenantTenant (except in the case of Emergency, or in an emergency, Landlord may enter which case Tenant shall be given notice as promptly as is reasonably practicable given the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default existsspecific circumstances), prospective tenants; to inspect or make required repairs to any facility, equipment, pipes or fixtures which may exist on or under the Demised Land and which are used solely for Landlord’s functions or buildings on or near the Demised Land, and (iiib) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any improved portion of the Premises Premises, at any time during normal business hours or any other reasonable time, upon at least five (5) Business Days’ advance notice to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and Tenant (except in the Premises. Except case of Emergency, in an emergencywhich case Tenant shall be given notice as promptly as is reasonably practicable given the specific circumstances), in all cases for the purposes set forth below in this Section 7.07; provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant▇▇▇▇▇▇’s operation of the Premises and the use and occupancy of the Premises or any portion thereof by any subtenants of Tenant and any licensees and other occupants of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Any such access by Landlord in the Premises pursuant to this Section 18 7.07 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters accordance with Tenant’s than standard safety and security protocols and accomplished in a manner designed to cause the Premises. No entry into or closure of any portion least inconvenience to the occupants of the Premises pursuant to this Section 18 shall render Landlord liable and to Tenant’s operations at the Premises and shall be done as expeditiously as is practicable. Further, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.Landlord shall promptly

Appears in 1 contract

Sources: Lease Agreement

ENTRY BY LANDLORD. At 5.1 To permit the Landlord and its agents with or without workmen and all persons authorised by it and with or without appliances at all reasonable times and upon no less than 24 hours prior notice to Tenantenter upon the Premises and if necessary, to remain at the Premises: (a) to take inventories of fixtures and fittings therein and to carry out any maintenance works or repairs to the Landlord’s installations inside the Premises which are in an emergencythe opinion of the Landlord necessary and proper to be done; (b) to examine the state and condition thereof and of the fixtures and fittings therein, including but not limited to the central air-conditioning unit; (c) to execute any works of renewal cleaning alteration or repair to any adjacent or neighbouring premises or to the Building without any claim for damages or indemnity against the Landlord; and (d) to do such work as may be deemed necessary to preserve the exterior walls or any part of the structure of the Building from injury or damage from any excavation or other building works as may be made or authorised in the vicinity of the Building and the Tenant shall deposit with the Landlord may enter a key or key(s) to the Premises to (ienable the Landlord to enter into the Premises in the event of emergency, and unless key(s) inspect are so deposited with the Premises; (ii) Landlord, in the event of emergency the Landlord or its agents may without notice enter upon the Premises forcibly, and the Tenant shall at its own expense reinstate the entrance door to the Premises to its original state and condition without any claim for damages or indemnity against the Landlord. 5.2 To permit the Landlord and all persons authorised by it at all reasonable times to show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, tenants during the last 12 three months of the Term (or while an uncured Default exists), to prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At purchasers at any time and without notice to Tenant, Landlord may enter during the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderTerm.

Appears in 1 contract

Sources: Tenancy Agreement (EMAK Worldwide, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, Landlord may enter the Premises to at reasonable hours and upon reasonable notice (ibut at any time without notice in an emergency) to: (a) inspect the Premisessame; (iib) show exhibit the Premises same to prospective purchasers, current lenders or tenants (provided, Landlord may only exhibit the space to prospective Security Holders or insurers, or, tenants during the last 12 twelve (12) months of the Term (or while an uncured Default exists)term of this Lease; provided, further, if Tenant exercises Tenant’s right to terminate this Lease under Section 2.4, Landlord may immediately thereafter exhibit the space to prospective tenants); (iiic) determine whether Tenant is complying with all of its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant hereunder or to any other tenant of the Building; (e) post notices of non-responsibilitynonresponsibility; and (f) make repairs required of Landlord under the terms hereof or (iv) perform maintenancemake repairs to any adjoining space or utility services or make repairs, repairs alterations or alterations. At improvements to any time and without notice to Tenant, Landlord may enter other portion of the Premises to perform required servicesBuilding; provided, however, that except in an emergency, Landlord all such work shall provide be done so as to avoid unnecessary unreasonable interference to Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone if reasonably possible. Tenant hereby waives any claim for damages or orally and in person) of termination for any entry injury or inconvenience to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use business, any loss of occupancy or quiet enjoyment of the Premises. Without limiting the foregoing, except in an emergency, and any unreasonably noisy or otherwise disruptive work performed other loss occasioned by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderentry.

Appears in 1 contract

Sources: Building Lease (Zulily, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with TenantT▇▇▇▇▇’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Office Lease (Mirum Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. At all reasonable times and upon no less than 24 hours prior 48 hours’ notice to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, during the last 12 nine (9) months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations, or (v) perform inspections pursuant to Section 26. At any time and without notice to TenantTenant (except as may be required by Law), Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one Landlord shall comply with any reasonable security procedures of its employees accompany Landlord if Tenant makes Tenant, such employee available when Landlord enters as procedures requiring provision of the name of any person entering the Premises, accompaniment by a Tenant employee, and/or the wearing of a badge, but excluding any background check. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Office Lease (InvenSense Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no not less than 24 hours one (1) day’s prior notice to Tenant, Tenant which may be given by telephone or electronic mail (except in the case of an emergency, Landlord may emergency or with respect to regularly scheduled services) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Lease Term and accompanied by a representative of Tenant (or while an uncured Default existsprovided that Tenant makes a representative available for the same), to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Provided that Landlord employs commercially reasonable efforts to Tenantminimize interference with the conduct of ▇▇▇▇▇▇’s business in connection with entries into the Premises, Landlord may enter make any such entries without the Premises abatement of Rent, except as otherwise expressly provided in this Lease, and shall take such reasonable steps as required to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of accomplish the Premises to perform maintenance, repairs or alterationsstated purposes. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except in 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. Tenant shall, at all times 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 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 treated as 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 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 material interference with Tenant’s use of the Premises. Without limiting Premises in the foregoingexercise of Landlord’s rights under this paragraph, except in an emergencyand (b) subject to the provisions of Section 10,5 above, shall be fully liable for any unreasonably noisy or otherwise disruptive work performed by Landlord damage done to the Premises and/or Tenant’s property located in the Premises pursuant to this Section 18 shall be performed outside in connection with such use of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into , and shall indemnify and hold Tenant harmless from and against any claims for personal injury or closure of any portion property damage that result from Landlord’s use of the Premises pursuant to as set forth in this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderparagraph.

Appears in 1 contract

Sources: Lease (Gazelle Parent, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancemake reasonably necessary alterations, additions, improvements or repairs to the Premises or the Buildings (including structural alterations, repairs or alterationsimprovements to the Buildings or the Base Building). At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof Landlord; (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, that except for (x) emergencies, (y) repairs, alterations, improvements or additions required by Applicable Laws, 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 an emergencya manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours whenever reasonably practical. With respect to items (y) and (z) above, Landlord shall provide use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant with shall additionally have the right to require that Landlord be accompanied by a representative of Tenant during any such entry so long as Tenant makes a representative available at commercially reasonable prior notice (which noticetimes. Notwithstanding anything to the contrary set forth in this Article 27, notwithstanding Section 25.1, Tenant may be delivered by e-mail, fax, telephone or orally and designate in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion 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 perform maintenancethe extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by applicable Law, repairs or alterations(iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. 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 Secured Areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 1 contract

Sources: Office Lease (Box Inc)

ENTRY BY LANDLORD. At 5.1 To permit the Landlord and its agents with or without workmen and all persons authorised by it and with or without appliances at all reasonable times and upon no less than 24 hours prior notice to Tenantenter upon the Premises and if necessary, to remain at the Premises: (a) to take inventories of fixtures and fittings therein and to cany out any maintenance works or repairs to the Landlord’s installations inside the Premises which are in an emergencythe opinion of the Landlord necessary and proper to be done; (b) to examine the state and condition thereof and of the fixtures and fittings therein, including but not limited to the central air-conditioning unit; (c) to execute any works of renewal cleaning alteration or repair to any adjacent or neighbouring premises or to the Building without any claim for damages or indemnity against the Landlord; and (d) to do such work as may be deemed necessary to preserve the exterior walls or any part of the structure of the Building from injury or damage from any excavation or other building works as may be made or authorised in the vicinity of the Building and the Tenant shall deposit with the Landlord may enter a key or key(s) to the Premises to (ienable the Landlord to enter into the Premises in the event of emergency, and unless key(s) inspect are so deposited with the Premises; (ii) Landlord, in the event of emergency the Landlord or its agents may without notice enter upon the Premises forcibly, and the Tenant shall at its own expense reinstate the entrance door to the Premises to its original state and condition without any claim for damages or indemnity against the Landlord. 5.2 To permit the Landlord and all persons authorised by it at all reasonable times to show the Premises to prospective purchasers, current or prospective Security Holders or insurers, or, tenants during the last 12 three months of the Term (or while an uncured Default exists), to prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At purchasers at any time and without notice to Tenant, Landlord may enter during the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderTerm.

Appears in 1 contract

Sources: Tenancy Agreement (EMAK Worldwide, Inc.)

ENTRY BY LANDLORD. At Subject to Tenant’s reasonable security arrangements, Landlord reserves the right at all reasonable times and upon reasonable prior Notice (which Notice shall (except in cases of emergency in which case no less than 24 hours Notice shall be required) be at least forty-eight (48) hours’ prior written notice with respect to items (iii) and (iv) below and may be forty-eight (48) hours’ prior oral notice to Tenant, or in an emergency, Landlord may ’s office manager with respect to items (i) and (ii) below) to the Tenant to enter the Premises to (i) inspect the Premisesthem during Business Hours; (ii) show show, during Business Hours, the Premises to prospective purchasers, current mortgagees or prospective Security Holders ground or insurersunderlying lessors, or, during the last 12 eighteen (18) months of the Term (or while an uncured Default exists)Lease Term, prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenancealter, improve or repair the Premises, B▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇, or the Project if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or alterationsimprovements to the B▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇ or the Project as required or permitted under the Lease. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required servicesof Landlord; and (B) subject to the terms of Section 26.1 above, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as expressly provided in Section 19.5.2, above, and may take such steps as required to accomplish the stated purposes; provided, however, that except 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 and shall be performed after Business Hours if reasonably practical and subject to reasonable scheduling with Tenant. Landlord acknowledges and agrees that Tenant may require that Landlord be accompanied by an emergencyemployee 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. 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. Even in emergency situations, Landlord shall provide Tenant with use commercially reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) efforts to minimize any disruption to Tenant’s business operations. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in 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. Except Notwithstanding anything to the contrary set forth in an emergencythis Article 27, Landlord shall use reasonable efforts to minimize interference with Tenant’s use 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, including, without limitation, the data center portion of the Premises. Without limiting In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergencyemergency or unless Landlord is accompanied by a Tenant escort, to the extent an escort is reasonably available. Landlord need not clean any unreasonably noisy area designated by Tenant as a Secured Area and shall only maintain or otherwise disruptive work performed 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 Laws, 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 Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderPremises.

Appears in 1 contract

Sources: Office Lease (Electronic Arts Inc)

ENTRY BY LANDLORD. At Landlord and its employees and agents shall at all reasonable times and upon no less than 24 hours prior notice have the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show same, to exhibit the Premises to prospective purchasers, current lenders or prospective Security Holders purchasers (or insurers, or, during the last 12 months year of the Term (or while an uncured Default existsTerm, to prospective tenants), prospective tenants; (iii) to post notices of non-responsibility; , and/or to alter, improve or (iv) perform maintenancerepair the Premises or any other portion of the Building or Project, repairs all without being deemed guilty of or alterations. At liable for any time breach of Landlord's covenant of quiet enjoyment or any eviction of Tenant, and without notice to Tenantabatement of rent. In exercising such entry rights, Landlord may enter shall endeavor to minimize, as reasonably practicable, the Premises to perform required services; providedinterference with Tenant's business, however, that except in an emergency, Landlord and shall provide Tenant with reasonable prior advance written notice of such entry (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally except in emergency situations and in person) for scheduled services). For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe foregoing purposes, Landlord may temporarily close any portion shall at all times have and retain a key with which to unlock all of the Premises to perform maintenancedoors in, repairs or alterations. In an emergencyupon and about the Premises, excluding Tenant's vaults and safes, and Landlord shall have the means which Landlord may use any means it deems deem proper to open said doors in an emergency in order to and in obtain entry to the Premises. Except in Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an emergencyeviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of rent and Landlord shall use reasonable efforts not have any liability to minimize interference with Tenant’s use Tenant for any damages or losses on account of the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed such entry by Landlord in except, subject to the Premises pursuant provisions of Section 22.1, to this Section 18 shall be performed outside the extent of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into Landlord's gross negligence or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderwillful misconduct.

Appears in 1 contract

Sources: Lease (Doubleclick Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times and upon no reasonable notice to Tenant (which shall not be less than 24 twenty-four (24) hours prior notice to Tenant, or except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or insurers, underlying lessors or insurers or, during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice to Tenant, Landlord may enter make any such entries without the Premises abatement of Rent, except as otherwise provided in Section 19.5.2 of this Lease, and may take such reasonable steps as required to perform required services; provided, however, that except 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. In an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, have the right to use any means that Landlord may be delivered by e-mail, fax, telephone or orally deem proper to open the doors in and in person) of any entry to perform a service that is not performed on a monthly or more frequent basisthe Premises. If To the extent reasonably necessary, Landlord may temporarily close any all or a portion of the Premises to perform maintenance, repairs under this Lease and Tenant shall not have any right to terminate this Lease or alterations. In an emergency, Landlord may use ▇▇▇▇▇ Rent (except as otherwise provided in Section 19.5.2 of this Lease) or assert a claim of partial or constructive eviction because of any means it deems proper to open doors to and in the Premises. Except in an emergency, such closure (provided that Landlord shall use reasonable efforts perform any such repairs outside of normal business hours to minimize interference with Tenant’s use of the Premisesextent reasonably possible). Without limiting Any entry into the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in the Premises pursuant manner hereinbefore described shall not be deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergencya forcible or unlawful entry into, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters or a detainer of, the Premises. No entry into , or closure an actual or constructive eviction of Tenant from any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderPremises.

Appears in 1 contract

Sources: Lease (Sorrento Therapeutics, Inc.)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during normal Project hours with respect to items (i) and (ii) below) and upon no less than 24 hours at least one (1) business day’s prior written notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to to: (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 nine (9) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenancealter, improve or repair the Premises, or for alterations, repairs or alterationsimprovements to the Base Building, to the extent contemplated by the TCCs of this Lease. At any time and without notice Notwithstanding anything to Tenantthe contrary contained in this Article 27, Landlord may enter the Premises at any time to: (A) perform services required of Landlord; (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 servicesto accomplish the stated purposes; provided, however, that except for (1) emergencies, (2) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (3) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in an emergencya 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 with respect to item (B) above, Landlord shall provide use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises, and Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Article 27 with Tenant with reasonable prior notice (which noticeexcept if not reasonably practicable in emergencies) so that Tenant, notwithstanding Section 25.1at Tenant’s option, may be delivered by e-mailprovide an employee or a representative of Tenant to accompany Landlord. Except as otherwise set forth in Sections 3.3 and 19.6 of this Lease, faxand subject to Landlord’s indemnification of Tenant under Article 10 above, telephone Tenant hereby waives any claims for damages or orally 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 in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas (including the Secured Areas, as defined hereinbelow) designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except Notwithstanding any provision to the contrary set forth in an emergencythis Article 27, Tenant may designate, by delivering at least two (2) business days’ prior-written, reasonably-detailed notice thereof to Landlord, certain reasonable areas of the Premises as “Secured Areas” should Tenant reasonably require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall use reasonable efforts not enter such Secured Areas without an employee or a representative of Tenant to minimize interference accompany Landlord, except in the event of an emergency or with Tenant’s use prior written consent, or if an employee or representative of Tenant is not made available on a commercially reasonable basis. Landlord shall only maintain or repair such Secured Areas upon at least two (2) business days’ prior written notice to Tenant (except in the case of an emergency) and to the extent: (a) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (b) as required by Applicable Law; or (c) 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. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord herein. Notwithstanding anything in this Article 27 to the Premises pursuant to contrary, any entry by Landlord under this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into Article 27 that causes all or closure of any a portion of the Premises pursuant to this Section 18 shall render Landlord liable to be un-tenantable and unusable by Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereundershall be subject to the “Abatement Event” provisions of Section 3.3 above.

Appears in 1 contract

Sources: Lease Agreement (Heron Therapeutics, Inc. /De/)

ENTRY BY LANDLORD. At Tenant shall permit Landlord and Landlord’s Agents to enter into and upon the Premises at all reasonable times times, following at least forty-eight (48) hours’ prior notice, which may be telephonic, (except in the case of an emergency or scheduled services, for which no notice shall be required), and upon no less than 24 hours prior notice subject to Tenant’s reasonable security arrangements, for the purpose of inspecting the same or in an emergency, Landlord may enter the Premises to (i) inspect the Premises; (ii) show showing the Premises to prospective purchasers, current or prospective Security Holders or insurers, lenders or, during the last 12 months two hundred seventy (270) days of the Term Term, tenants or to alter, improve, maintain and repair the Premises or the Building as required or permitted by Landlord under the terms hereof, or for any other business purpose, without any rebate of Rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned (except for actual damages resulting from the sole active gross negligence or while an uncured Default existswillful misconduct of Landlord), prospective tenants; (iii) and Tenant shall permit Landlord to post notices of non-responsibility; responsibility and ordinary “for sale” or (iv) perform maintenance“for lease” signs. No such entry shall be construed to be a forcible or unlawful entry into, repairs or alterationsa detainer of, the Premises, or an eviction of Tenant from the Premises. At any time and without notice to Tenant, Landlord may enter the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and such closure in the Premisescase of an emergency and when Landlord otherwise deems such closure necessary. Except in an emergencyemergency situations, as determined by Landlord, Landlord shall use exercise reasonable efforts to perform any entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s use of business in the Premises. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Office Lease Agreement (Workday, Inc.)

ENTRY BY LANDLORD. At Landlord reserves, and all at all reasonable times and upon no less than after at least 24 hours prior notice (except in emergencies) have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem to perform any services to be provided by Landlord hereunder; (ii) show to submit the Premises to prospective purchaserspurchases, current mortgagers or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and in where reasonably required by the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use character of the Premiseswork to be performed; provided, however that the business of Tenant shall be interfered with to the least extent that is reasonably practical. Without limiting For each of the foregoing, except in an emergencyforegoing purposes, any unreasonably noisy or otherwise disruptive work performed entry to the Premises obtained by Landlord in the Premises pursuant by any of said means, or otherwise, shall not under any circumstances by construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall also have the right at any time to this Section 18 change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly know, and none of the foregoing shall render Landlord liable to be deemed an actual or constructive eviction of Tenant, constitute a constructive eviction, or excuse shall entitle Tenant from to any obligation reduction of rent hereunder.

Appears in 1 contract

Sources: Lease Agreement (Autoweb Com Inc)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than after at least 24 hours prior notice (except in emergencies) have, the right to Tenant, or in an emergency, Landlord may enter the Premises to (i) inspect the Premisesthem; (ii) show to perform any services to be provided by Landlord hereunder, to submit the Premises to o prospective purchasers, current mortgagers or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibilitynonresponsibility; and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the Premises where reasonably required by the character of the work to perform maintenancebe performed; provided, repairs or alterationshowever that the business of Tenant shall be interfered with to the least extent that is reasonably practical. In an emergency, Landlord may use any means it deems proper to open doors to and in For each of the Premises. Except in an emergencyforegoing purposes, Landlord shall use reasonable efforts at all times have and retain a key with which to minimize interference with Tenant’s use unlock all of the Premises. Without limiting the foregoing, except doors in an emergencyemergency in order to obtain entry to the Premises, and any unreasonably noisy or otherwise disruptive work performed entry to the Premises obtained by Landlord in the Premises pursuant and by any of said means, or otherwise, shall not under any circumstances be construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant or an eviction, actual or constructive, of Tenant from the Premises or any potion thereof. Landlord shall also have the right at any time to this Section 18 change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall render Landlord liable to be deemed an actual or constructive eviction of Tenant, constitute a constructive eviction, or excuse shall entitle Tenant from to any obligation reduction of rent hereunder.. 14. 52

Appears in 1 contract

Sources: Lease Agreement (Ipass Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 six (6) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time Notwithstanding anything to the contrary contained herein, Tenant shall be entitled, during the Lease Term, to designate certain portions of the Premises as a “Secured Area” and without to control access to such areas as reasonably necessary to secure such Secured Area(s). The Secured Areas shall be comprised of Tenant’s lab space and IT room. Landlord and Tenant hereby agree and acknowledge that, except in the case of an emergency, Landlord shall enter such Secured Areas only upon one (1) business days’ prior notice to Tenant and only after providing Tenant with the opportunity to have a representative of Tenant present as an escort. Landlord and Tenant hereby agree to use commercially reasonable efforts to schedule any such entries into the Secured Areas by Landlord at times that are mutually convenient to both Landlord and Tenant, taking into consideration the nature of Tenant’s operations in the Premises and the nature of the desired entry. Notwithstanding anything to the contrary contained in this Article 27 , Landlord may enter the Premises at any time to (A) perform services required servicesof 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, that 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 an emergencya 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 provide Tenant use commercially reasonable efforts to not materially interfere with reasonable prior notice (which noticeTenant’s use of, notwithstanding Section 25.1or access to, may be delivered by e-mail, fax, telephone or orally and in person) the Premises. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have a key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to and in the Premises. Except 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 emergencyactual 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 shall use reasonable efforts 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. Without limiting the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 1 contract

Sources: Sublease (Dexcom Inc)

ENTRY BY LANDLORD. At Landlord reserves the right at all reasonable times (during standard business hours with respect to items (i) and (ii) below) and upon no less than 24 at least twenty-four (24) hours prior notice to Tenant, or Tenant (except in the case of an emergency, Landlord may ) to enter the Premises Premises, with a Tenant escort, to (i) inspect the Premisesthem; (ii) show the Premises to prospective purchasers, or to current or prospective Security Holders mortgagees, ground or underlying lessors or insurers, or, or during the last 12 twelve (12) months of the Term (or while an uncured Default exists)Lease Term, to prospective tenants; (iii) post notices of non-responsibilitynonresponsibility; or (iv) perform maintenancealter, improve or repair the Premises or the Building, or for structural alterations, repairs or alterationsimprovements to the Building or the Building’s systems and equipment. At any time and without notice Notwithstanding anything to Tenantthe contrary 702009.06/WLA -69- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] contained in this Article 27, Landlord may enter the Premises at any time to (A) with a Tenant escort, perform services required servicesof Landlord; (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, that 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 an emergencya 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 provide 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 reasonable prior notice (which noticeTenant’s business, notwithstanding Section 25.1lost profits, may be delivered by e-mailany loss of occupancy or quiet enjoyment of the Premises, fax, telephone or orally and in person) any other loss occasioned thereby. For each of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessarythe above purposes, Landlord may temporarily close any portion of shall at all times have an entry key with which to unlock all the Premises to perform maintenancedoors in the Premises, repairs or alterationsexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord may shall have the right to use any means it deems that Landlord may deem proper to open the doors in and to the Premises and no prior notice or escort shall be required. 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. Except in , or an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use actual or constructive eviction of Tenant from any portion of the Premises. Without limiting the foregoingNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except in an emergency, any unreasonably noisy or as otherwise disruptive work expressly agreed to be performed by Landlord in the Premises pursuant to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunderherein.

Appears in 1 contract

Sources: Office Lease (Accelrys, Inc.)

ENTRY BY LANDLORD. At Landlord reserves, and shall at all reasonable times and upon no less than 24 after at least twenty four (24) hours prior notice (except in emergencies) have the tight to Tenant, or in an emergency, Landlord may enter the Premises to inspect them; to perform any services to be provided by Landlord hereunder; to make repairs or provide any services to a contiguous tenant(s) (i) inspect the Premisesif any); (ii) show to submit the Premises to prospective purchasers, current mortgagers or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) to post notices of non-responsibility; and to alter, improve or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant, Landlord may enter repair the Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Complex, all without abatement of Rent, and may erect scaffolding and other necessary structures in or through the Premises where reasonably required by the character of the work to perform maintenancebe performed; provided, repairs or alterationshowever that the business of Tenant shall be interfered with to the least extent that is reasonably practical. In an emergency, Landlord may use any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts also have the right at any time to minimize interference with Tenant’s use change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the PremisesComplex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall be deemed an actual or constructive eviction of Tenant, or shall entitle Tenant to any reduction of Rent hereunder. Without limiting Any entry to the foregoing, except in an emergency, any unreasonably noisy or otherwise disruptive work performed Premises by Landlord in for the Premises pursuant purposes provided for herein shall not under any circumstances be construed or deemed to this Section 18 shall be performed outside of normal business hours. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No a forcible or unlawful entry into or closure of any portion a detainer of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive or an eviction, actual or excuse constructive, of Tenant from the Premises or any obligation hereunderportion thereof.

Appears in 1 contract

Sources: Lease Agreement (Yodlee Inc)