ENTRY BY LANDLORD. 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 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 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, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37
Appears in 1 contract
Sources: Triple Net Lease Agreement
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice to Tenant (which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be not less than two (2) business days except required in the case of an emergency) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andor to current or prospective mortgagees, at any time within ground or underlying lessors or insurers, or to prospective tenants during the last twelve (12) months prior 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, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisorsTerm; (iii) post notices of nonresponsibility; (iv) make repairs to the Premises or to the Building or to any equipment located in the Premises as Landlord shall reasonably deem necessary; or (v) to the extent necessary in order for Landlord to enforce take an action which Landlord has a right or an obligation to take under the terms of this Lease, or (iv) if the information is already a matter of public record as Landlord may be required to do by governmental or generally known quasi-governmental authority or court order or decree. Notwithstanding anything to the publiccontrary 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) pursuant to Section 26.1 of this Lease (except in the case of an emergency), perform any covenants of Tenant which Tenant fails to perform. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with all entries into the Premises. Landlord may make any such entries without the abatement of Rent (except as specifically set forth in Section 19.5.2 of this Lease) and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business and/or lost profits occasioned thereby, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises in connection with such entries; provided that Tenant does not waive any claim for actual or constructive eviction as a result of Landlord’s entry. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In particularan emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in addition and to the foregoing and not Premises. Notwithstanding anything to the contrary set forth in limitationthis 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 issue enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as a press release Secured Area and shall only maintain or other public announcement concerning repair such secured areas to the existence and/or contents extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease without the prior written consent of Tenant. In the event that Tenant gives its consentshall be construed as obligating Landlord to perform any repairs, Tenant shall have full approval rights over the timing, content and method of such public disclosures. alterations or decorations except as otherwise expressly agreed to be performed by 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37herein.
Appears in 1 contract
Sources: Office Lease (Trulia, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable prior notice (which shall be of not less than two (248 hours) business days except in the case of emergency) to Tenant to enter the Premises at all reasonable business hours to: (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor tenants, or to the ground lessors; (iii) to post notices of nonresponsibility; or (iv) alter, 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 improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time within twelve (12) months prior time, without 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, but any in emergency situations (provided that notice of such entry shall be done by given after the fact as soon as reasonably practical) and/or to perform janitorial or other services required of Landlord in such reasonable manner as pursuant to minimize any disruption of Tenant’s business operationthis Lease. Except in the event of In an emergency, Landlord shall have the right, by any means that Landlord may deem proper, to open the doors in and to the Premises. 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 that Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use. Tenant hereby waives any claims for damages or following for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an Event of Defaultemergency, which is continuing, Tenant Landlord shall have the right to have a representative accompany Landlord in enter without notice and use any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed means 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 disclose deem proper to open the existence and/or contents of this Lease: (i) as doors in and only to the extent required by law; (ii) as necessary to (a) manage its investment Premises. Any entry into the Premises in the Building manner hereinbefore described shall not 843078.08/SD374622-00033/8-4-16/MLT/dek -41- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] be deemed to be a forcible or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leaseunlawful entry into, or (iv) if a detainer of, the information is already a matter Premises, or an actual or constructive eviction of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents Tenant from any portion of the Lease without the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
Sources: Lease (Achaogen Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable prior notice to Tenant (which shall be not less than two (2) business days 48 hours except in the case of emergency) an "Emergency," as defined below), and subject to enter Tenant's approval of the Premises at all reasonable business hours particular visitors, contractors and service providers, which approval shall not be unreasonably withheld, conditioned, or delayed (and at all other times provided that such prior approval shall not be required 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 the part of Landlord to make any such inspection or do any such workEmergency if not reasonably practicable), to enter the Premises and Project to (bi) for the purpose of showing inspect them; (ii) show the Premises to prospective purchasers and purchasers, mortgagees andor tenants (provided that with respect to prospective tenants, at any time within only during the last twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same to Term, and provided that if a prospective tenants. No such entry shall constitute an eviction tenant is a direct competitor of Tenant, but any as reasonably determined by Tenant, such entry prospective tenant shall be done accompanied by Landlord in a representative of Tenant at all times, may not have more than two people present from the prospective tenant's company, and may be excluded from interior areas of the Premises as reasonably determined by Tenant), or to current or prospective mortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Base Building required or permitted hereunder. All such reasonable manner as visitors (including without limitation prospective tenants specified above), contractors and service providers shall be required to minimize any disruption of execute Tenant’s business operation. Except standard confidentiality agreement, provided that in the event of an emergencyEmergency such visitors, contractors and service providers shall be required to execute Tenant’s standard confidentiality agreement if reasonably possible. At Tenant's option, Tenant may require that an employee of Tenant accompany any such visitors. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any Default by Tenant of this Lease in the manner provided herein; and (B) subject to the terms of Section 26.1, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any entries without the abatement of Rent (except to the extent provided in Section 19.5.2) and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that except for Emergencies, Landlord shall use commercially reasonable efforts in connection with any entry not to materially interfere with Tenant’s use of the Premises and to perform the same after business hours if reasonably practical. Provided that Landlord has complied with its obligations under this Article 27, 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. For use in an Emergency only, Landlord shall at all times have a key with which to unlock all the doors in the Premises. Notwithstanding anything to the contrary set forth in this Lease, Tenant may designate certain areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an Emergency. Landlord shall only maintain or repair such Secured Areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (ii) as required by Applicable Law, or following (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. In an Event of DefaultEmergency, which is continuing, Tenant Landlord shall have the right to have a representative accompany 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 such inspectionsportion of the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions No provision of this Lease shall be kept confidential construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise 760812.06/WLA375983-00004/11-2-16/ejs/ejs 51 COLORADO CENTER[2400 Broadway][Kite Pharam, Inc.] expressly agreed to be performed by Landlord and not disclosed to third-partiesherein. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms For purposes of this Lease, an "Emergency" shall mean a situation that threatens imminent material harm to persons or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37property.
Appears in 1 contract
Sources: Office Lease (Kite Pharma, Inc.)
ENTRY BY LANDLORD. Subject to the provisions of this Lease, and provided Landlord and its authorized representatives shall have uses commercially reasonable efforts to minimize any interference with Tenant's business, Landlord reserves the right at all reasonable times and upon reasonable at least forty-eight (48) hours prior notice to the Tenant (which shall be not less than two (2) business days except or in the case of emergencyan emergency upon such notice as is reasonable under the circumstances) to enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): to (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 the part of Landlord to make any such inspection or do any such work), and inspect them; (b) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor tenants, at any time within ground or underling lessors or insurers (provided that such right shall not extend to prospective tenants until twelve (12) months prior to the expiration Lease Expiration Date); (c) post notices of nonresponsibility; or (d) alter, improve or repair the Term Premises or the Building if necessary to comply with Laws, or for alterations, repairs or improvements to the Landlord Repair Items. Notwithstanding anything to the contrary contained in this Article 27, and subject to the notice requirements set forth in Section 19.1.2, above, and Landlord's compliance with the terms of Section 26.1, Landlord may enter the Premises at any time to perform any covenants of Tenant which Tenant fails to perform. Except as otherwise expressly provided in this Lease for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of TenantLease, but any such entry entries shall be done by Landlord in without the abatement of Rent and shall include the right to take such reasonable manner steps as required to minimize accomplish the stated purposes. Tenant hereby waives any disruption of claims (not including claims for physical property damages or personal injury damages) for any injuries or inconvenience to or interference with Tenant’s 's business operationor lost profits, occasioned thereby. Except in the event of In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany use any means that Landlord may reasonably deem proper to open the doors in and to the Premises. Subject to the provisions of this Lease, any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding the foregoing, as reasonably necessary in connection with Tenant's business use of the Premises, Tenant may designate certain secure areas, and on prior written notice to Landlord of these areas, Tenant may deny Landlord access to such inspectionsareas except in an emergency or when Landlord is accompanied by Tenant. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinSubject to the provisions of this Lease, it is agreed that the existence and the terms and conditions no provision of this Lease shall be kept confidential construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord, its agents, contractors and representatives may enter the Premises to inspect or show the Premises, to clean and make repairs to the Premises, and with Tenant’s consent, not to be unreasonably withheld, to conduct or facilitate alterations or additions to any portion of the Building, including other tenants’ premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord and its authorized representatives shall provide Tenant with reasonable prior notice of entry into the Premises, which may be given orally. Landlord shall have the right upon to temporarily close all or a portion of the Project (including the Premises) to perform repairs, alterations and additions, if reasonably necessary for the protection and safety of Tenant and its employees. Except in emergencies, Landlord will not close the Project (including the Premises) if the work can reasonably be completed on weekends and after Normal Business Hours; provided, however, Landlord is not required to conduct work on weekends or after Normal Business Hours if such work can be conducted without closing the Project (including the Premises). Entry by Landlord for any such purposes shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent (except as expressly provided in Section 7.B above). Tenant may reasonably designate a certain reasonable notice number of areas within the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Tenant shall deliver to Landlord a diagram of the Premises, depicting the proposed Secured Areas for Landlord’s approval (which shall approval will not be unreasonably withheld, conditioned or delayed). Landlord may not less than two (2) business days enter such Secured Areas except in the case of emergency) to enter the Premises at all reasonable business hours (and at all other times an emergency or in the event of an emergency): a Landlord inspection, in which case Landlord shall provide Tenant with at least forty-eight (a48) for hours prior written notice. Landlord shall not show the purpose of inspecting the same Secured Area to a prospective lender, purchaser 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 prospective tenant without forty-eight (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b48) for the purpose of showing the Premises to prospective purchasers and mortgagees hours prior written notice and, at any time within twelve (12) months prior Tenant’s request, without a representative of Tenant being present. Tenant hereby acknowledges and agrees that Landlord shall have no obligation 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, but any such entry shall be done by Landlord perform janitorial services in such reasonable manner as Secured Areas unless Tenant provides Landlord a written request for same and provides Landlord with access 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 such Secured Areas (by providing Landlord 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release key 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37device).
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall employees and agents will at all times during normal business hours 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 to inspect 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 hereundersame, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees and, at any time within twelve or tenants (12such right to show the Premises to prospective tenants may only be exercised during the last nine (9) months prior to the expiration of the Term and only if Tenant has not exercised a validly existing extension option), to post notices of nonresponsibility, and/or to repair the Premises as permitted or required by this Lease for the purpose of showing the same to prospective tenantsLease. No In exercising such entry shall constitute an eviction rights, Landlord will endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and will provide Tenant with reasonable advance notice of Tenant, but at least twenty-four (24) hours of any such entry shall be done by Landlord (except in such reasonable manner as to minimize any disruption of Tenant’s business operationemergency situations). Except in the event of an emergency, or following an Event of Default, which is continuing, Tenant shall have the right to have appoint a representative to accompany Landlord during any non-emergency entry onto the Premises. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed. Landlord will at all times have and retain a key with which to unlock all doors in the Premises, excluding Tenant's vaults and safes. Landlord will have the right to use any such inspectionsand all means which Landlord may reasonably deem proper to open said doors in an emergency in order to obtain entry to the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that Any entry to the existence and the terms and conditions of this Lease shall be kept confidential Premises obtained by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents by any of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leasesaid means, or (iv) if otherwise, will not be construed or deemed to be a forcible or unlawful entry into the information is already a matter Premises, or an eviction of public record or generally known to Tenant from the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 gives its consent, Tenant shall have full approval rights over the timing, content and method of such public disclosuresPremises. Landlord agrees that neither Landlord nor will not be liable to Tenant for any related entity shall use Tenant’s trade name, trademarks, logos, damages or designs in the printing, publication, or distribution of losses for any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37entry by Landlord.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord Landlord, Landlord’s agents, contractors 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 may enter the Premises at all reasonable business hours to inspect (and at all other times in or, during 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 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 last twelve (12) months prior of the Lease Term show to prospective tenants) the Premises, to clean and make repairs, alterations or additions to the expiration Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Term Property, including other tenants’ premises. Notwithstanding the foregoing during the Tenant Property Management Period, Landlord’s entry will be limited to only periodic inspections to confirm performance by Tenant of this Lease for its maintenance and property management obligations and, during the purpose of last 12 months only, showing the same space to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in Emergencies or to provide janitorial and other Property services after Normal Business Hours, Landlord shall provide Tenant with a minimum of 48 hours prior notice of entry into the event of an emergency, or following an Event of DefaultPremises, which is continuingmay be given orally to the person indicated in Section 1.8 above. If reasonably necessary for the protection and safety of Tenant and its employees, and not during the Tenant Property Management Period, Landlord shall have the right to have temporarily close all or a representative accompany portion of the Premises and/or the Premises ZYMOGENETICS 1144 EASTLAKE LEASE PAGE 18 FEBRUARY 29, 2008 to perform repairs, alterations and additions. However, except in Emergencies, Landlord in any such inspectionswill not close the Premises or the Premises if the work can reasonably be completed on weekends and after Normal Business Hours. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions Entry by Landlord shall not constitute constructive eviction or entitle Tenant to an abatement or reduction of this Lease shall be kept confidential Rent. Any entry by Landlord and its agents and employees (including, but not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only limited to the extent required by law; (ii) as necessary to (a) manage its investment janitorial company servicing the Premises), shall be conducted in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, compliance with reasonable confidentiality and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, security measures which may be withheld in required by Tenant (including, but not limited to, an escort by one of Tenant’s sole employees and absolute discretionexecution of confidentiality or nondisclosure agreements reasonably provided by Tenant) in order to protect the confidentiality and security of Tenant’s business and employees, and Landlord acknowledges and accepts that Tenant considers the entire Premises as highly confidential and Landlord would have access to the Premises only if escorted by one of Tenant’s employees. [SIGNATURES ON THE NEXT PAGE] 37The reservations by Landlord in this Section shall not be construed to limit Tenant’s obligations during Tenant’s Property Management Period.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit Landlord and its authorized representatives shall have any mortgagee under a mortgage or beneficiary under a deed of trust encumbering the right upon reasonable notice Building and their agents (which shall be not less than two (2) business days except in the case of emergencyeach a “Lender”) to enter the Premises at all reasonable business times, on no less than twenty four (24) hours (and at all other times notice, except in the event cases of an emergency): (a) , for the purpose of (a) inspecting them, (b) maintaining the same Building, (c) making repairs, replacements, alterations or for additions to any portion of the purpose Building, including the erection and maintenance of doing any work required or permitted of Landlord hereundersuch scaffolding, canopies, fences and may take all such action thereon props as may be necessary required, (d) posting notices of non-responsibility for alterations, additions or appropriate for any such purpose repairs, (but nothing contained in this Lease or otherwise shall create or imply any duty e) placing upon the part of Landlord Building any usual or ordinary “for sale” signs and showing the space to make any such inspection prospective purchasers, investors and lenders, or do any such work), (f) placing on the Premises “to lease” signs or marketing and (b) for the purpose of showing the Premises to prospective purchasers and mortgagees and, tenants at any time Tenant is in default hereunder (after Notice and the expiration of the applicable cure period) or otherwise within twelve (12) months 180 days prior to the expiration of this Lease, without any rebate of Rent (except as otherwise provided in the Term Lease) and without any liability to Tenant for any loss of this Lease occupation or quiet enjoyment of the Premises thereby occasioned, provided Tenant’s ability to use the Premises is not unreasonably disturbed and such access is scheduled to prevent as little inconvenience to Tenant as commercially reasonable. Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of showing securing certain valuable property or confidential information. Landlord may not enter such Secured Areas except in the same to prospective tenants. No such entry shall constitute an eviction case of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except emergency or in the event of an emergency, a Landlord inspection 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particularrepairs, in addition to the foregoing and not in limitation, which case Landlord shall not issue a press release or other public announcement concerning the existence and/or contents provide Tenant with ten (10) days prior written notice of the Lease without the prior written consent of Tenant. In the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content specific date and method time of such public disclosuresLandlord inspection. Landlord agrees that neither Landlord nor any related entity shall use TenantLandlord’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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Initials
Appears in 1 contract
Sources: Business Park Net Lease (Centillium Communications Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and its authorized representatives upon reasonable prior notice to the Tenant to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last fifteen (15) months of the Lease Term (as the same may be extended pursuant to Section 2.2 or shortened with respect to certain portions of the Premises pursuant to Sections 2.4 and/or 2.5 of this Lease), to tenants; (iii) post notices of nonresponsibility; (iv) alter, 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 improvements to the Building; or (v) perform services or other obligations required of Landlord under this Lease which are other than regularly scheduled services and/or maintenance obligations. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform regularly scheduled services and/or maintenance obligations required of Landlord under this Lease; and (B) perform, in accordance with the provisions of Article 26 of this Lease, 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 Section 19.7.2 of this Lease, and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Subject to the provisions of Section 19.7.2 of this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, or any loss of occupancy or quiet enjoyment of the Premises, For each of the above purposes, Landlord shall at all times have a key with which 804296.08/LAH4321-047/10-7-08/nng/law -▇▇- ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇[▇▇▇▇▇ ▇▇▇▇ Lease] 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 so long as Landlord repairs any damage caused thereby. Any entry into the Premises in the manner herein before 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 may, after reasonable prior notice to and consultation with Landlord, reasonably 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. Landlord may only enter such Secured Areas upon reasonable notice (which shall be not less than two (2) business days except in days' notice to Tenant which notice shall specify the case date and time of emergency) such entry by Landlord (and Tenant shall have the right to escort Landlord); provided, however, that Landlord may enter the Premises at all reasonable business hours (Secured Areas without notice to Tenant 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 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 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, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except without escort in the event of an emergency, or following an Event of Default, in 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, case Landlord shall 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 provide Tenant gives its consent, Tenant shall have full approval rights over the timing, content and method with notice 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37entry promptly thereafter.
Appears in 1 contract
Sources: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)
ENTRY BY LANDLORD. 21.1 Landlord reserves 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 any and all reasonable business hours times to inspect the same, to verify Tenant's compliance with its obligations under this Lease, to post notices of non-responsibility (and at all other times in if permitted by the event Laws of an emergency): (a) for the purpose State where the Facility is located), to post any notices Landlord reasonably believes are required by law to be posted on the Premises, to deliver notices to Tenant or any subtenant or occupant of inspecting any portion of the same or for the purpose of doing Premises, to supply any work required or permitted of service to be provided by Landlord to Tenant 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing submit the Premises to prospective purchasers and mortgagees andlender, at any time within twelve purchasers, investors, or tenants. Landlord may, during the last six (126) months prior to the expiration of the Term of this Lease for Term, place "For Lease" signs on or about the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Premises.
21.2 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 also reserves and shall have the right to have a representative accompany Landlord enter the Premises, upon reasonable prior written notice (except in emergencies), to alter, improve, renovate, or repair the Premises and any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinportion of the Facility or its mechanical systems, 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 disclose the existence and/or contents of this Lease: (i) as for such purposes erect scaffolding and only to the extent other appropriate structures where reasonably required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents character of the Lease without the prior written consent of Tenantwork to be performed. In the event that any such entry by Landlord into the Premises, or such work performed by Landlord at the Facility, prevents Tenant gives its consentfrom gaining access to all or any significant portion of the Premises for more than five (5) consecutive business days, then Minimum Monthly Rent shall be abated in proportion to the part of the Premises (if less than all) to which Tenant shall have been denied access, but there shall be no abatement of rent by reason of all or any portion of the Premises being inaccessible for a period of five (5) or fewer consecutive business days. Further, Tenant shall have full approval rights over the timing, content and method not be entitled to any abatement 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 rent on account of any advertisingnoise, marketing materials, internet web sitevibration, or other materials disturbance to Tenant's business at the Premises that may arise out of any such entry by Landlord into the Premises or mediumout of Landlord's performance of any such work at the Facility, without obtaining and under no circumstances shall any such noise, vibration, disturbance, work, or entry by Landlord be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof. Landlord shall use commercially reasonable efforts (which shall not include any obligation to employ labor at overtime rates) to avoid or minimize disruption of Tenant’s prior written consent, which 's business during any such entry or work by Landlord.
21.3 Landlord shall have the right to use any and all means that Landlord may be withheld deem appropriate to open any doors in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37an emergency in order to obtain entry to the Premises.
Appears in 1 contract
Sources: Lease Agreement (Virage Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable at least twenty-four (24) hours prior written notice to Tenant (which shall be not less than two (2) business days except in the case of an emergency, in which case no prior notice is required) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within or to current or prospective Mortgagees or insurers, or during the last twelve (12) months prior to the expiration of the Lease Term (or at any time during which a monetary or material non-monetary Event of Default is continuing under this Lease for the purpose of showing the same Lease), to prospective tenants; (iii) post notices of non-responsibility; or (iv) perform Landlord's Repair Obligations. No such entry Landlord shall constitute an eviction of use commercially reasonable efforts to schedule entries into the Premises under this Section 27 with Tenant (except if not reasonably practicable in emergencies) so that Tenant, but at Tenant's option, may provide an employee or a representative -44- Directors Science ParkKura OncologyCOID: 24788 of Tenant to accompany Landlord. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any such entry time without notice to (a) perform any services required of Landlord, provided Landlord shall be done by Landlord in such reasonable manner as provide at least twenty-four (24) hours prior written notice to minimize any disruption of Tenant’s business operation. Except Tenant (except in the event case of an emergency, in which case no prior notice is required) if Landlord is attending to its maintenance or following an repair obligations under this Lease; (b) take possession due to any Event of DefaultDefault under this Lease in the manner provided herein; and (c) perform any covenants of Tenant which Tenant fails to perform within applicable notice and cure periods. Landlord may make any such entries without the abatement of Rent, which is continuingexcept as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, any such entry (other than under (b) above) shall be performed in a manner so as not to unreasonably interfere with ▇▇▇▇▇▇'s use of the Premises and, except for (x) emergencies, or (y) repairs, alterations, improvements or additions required by Applicable Laws, shall be performed after normal business hours if reasonably practical. Except for any injury to persons or damage to property (but not loss of or interference with business, use or profits or other consequential or indirect damages or punitive damages) to the extent caused by ▇▇▇▇▇▇▇▇'s gross negligence or intentional misconduct, Tenant hereby waives any Losses 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 such entries. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to have a representative accompany 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. In connection with 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 entry by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitationLandlord, Landlord shall 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 gives its consent, Tenant shall have full approval rights over the timing, content use all commercially reasonable 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 good faith efforts to comply with ▇▇▇▇▇▇'s commercially reasonable security measures in the printing, publication, or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37effect from time to time.
Appears in 1 contract
Sources: Lease (Kura Oncology, Inc.)
ENTRY BY LANDLORD. 15.01 Tenant shall permit 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) Landlord's agents to enter the Leased Premises at all reasonable times during normal 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 maintaining the building, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing making repairs, alterations, or additions to any portion of the building, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required or for the purpose of posting notices of non-responsibility for alterations, additions or repairs; and shall permit Landlord upon the Leased Premises to prospective purchasers and mortgagees and, at any time within twelve thirty (1230) months days prior to the expiration of the Term of this Lease for the purpose of placing any usual or ordinary "to let" or "to lease" signs, or placing upon the Building any usual or ordinary "for sale" signs, or ninety (90) days prior to the expiration of this Lease for showing the same Leased Premises to prospective tenants, without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Leased Premises thereby occasioned. No such entry For each of the aforesaid purposes, Landlord shall constitute an eviction at all times have and retain a key with which to unlock all of Tenantthe exterior doors about the Leased Premises. Notwithstanding the foregoing, but Landlord agrees to use all reasonable efforts to provide Tenant at least twenty-four (24) hours prior written notice of its intent to enter the Leased Premises and further agrees any such entry shall be done by Landlord conducted in such reasonable manner so as to minimize any disruption of interference with Tenant’s '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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37operations.
Appears in 1 contract
Sources: Lease Agreement (Innotrac Corp)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable not less than twenty-four (24) hours prior notice (which notice may be verbal to Tenant’s office manager and which notice shall not be not less than two required in the event of an emergency) notice to Tenant (2) business days except in the case of an emergency) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months prior of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the expiration Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of the Term Landlord, including janitorial service; (B) take possession due to any breach of this Lease for in the purpose manner provided herein; and (C) perform any covenants of showing Tenant which Tenant fails to perform in the same to prospective tenantsmanner provided herein. No such entry shall constitute an eviction of Tenant, but Landlord may make any such entry shall be done by Landlord entries without the abatement of Rent (except as specifically set forth in Section 19.5.2 of this Lease), except as otherwise provided in this Lease, and may take such reasonable manner steps as required to minimize accomplish the stated purposes. Tenant hereby waives any disruption of claims for damages or for any injuries or inconvenience to or interference with Tenant’s business operationbusiness, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. Except For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the event of Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany 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 such inspectionsportion of the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions No provision of this Lease shall be kept confidential construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
Sources: Office Lease (Opentv Corp)
ENTRY BY LANDLORD. Subject to Tenant’s reasonable security requirements (which may include, in addition to other requirements, requiring each person entering the Leased Premises (i) to execute a confidentiality agreement in substantially the form attached hereto as Exhibit E, (ii) to refrain from taking any photos or video or audio recording in the Leased Premises in areas restricted by Tenant, and (iii) to be accompanied by Tenant’s representatives), Landlord and its authorized representatives shall have the right upon reasonable advance written notice (which shall be not less than two (2) business days Business Days except in the case of emergencyemergency (in which event Landlord may give Tenant shorter notice in any manner that is reasonable under the circumstances) to enter the Leased Premises at all reasonable business hours (and at all other times in the event of an emergencyemergency to the extent reasonably necessary under such circumstances): (a) for the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereunderunder Paragraph 11(c), 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing the Leased Premises to prospective purchasers purchasers, lenders and mortgagees and, at any time within twelve nine (129) months prior to the expiration of the Term of this Lease Lease, for the purpose of showing the same to prospective tenantstenants (in each case, subject to Tenant’s reasonable security requirements as described above). No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in Landlord agrees to assume liability for, and to indemnify, protect, defend, save and keep harmless Tenant and its Affiliates and their respective officers, directors, employees, representatives, shareholders, members or other equity owners, from and against, any and all Claims, whether asserted during or after the event Term, that may be suffered, imposed on or asserted against any such parties to the extent arising out of an emergencyany entry to the Leased Premises by Landlord or its authorized representatives or any prospective purchasers, or following lenders and mortgagees for any reason other than the occurrence and continuance of 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 disclose the existence and/or contents of this Lease: (i) as and only except to the extent required by law; (ii) as necessary to (a) manage such Claims result from any negligence or willful misconduct of Tenant or its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37representatives.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable twenty-four (24) hours’ notice to Tenant (except in emergency situations and/or to perform janitorial or other services required of Landlord under this Lease, in which event no prior notice shall be not less than two (2) business days except in the case of emergencyrequired) to enter the Premises at all reasonable business hours to: (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor tenants (with respect to prospective tenants, at any time within during the last twelve (12) months prior of the Lease Term), or to the expiration ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, 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 improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable [FINAL EXECUTION COPY]SMRH:478611488.18 -33- 600 B STREETMitek Systems, Inc. 92917 35XW-244846 steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Term Premises, and any other loss occasioned thereby. For each of this Lease for the purpose of showing above purposes, Landlord shall at all times have a key with which to unlock all the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except doors in the event of Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany Landlord in enter without notice and use any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed means 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 disclose deem proper to open the existence and/or contents of this Lease: (i) as doors in and only to the extent required by law; (ii) as necessary to (a) manage its investment Premises. Any entry into the Premises in the Building manner hereinbefore described shall not be deemed to be a forcible or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leaseunlawful entry into, or (iv) if a detainer of, the information is already a matter Premises, or an actual or constructive eviction of public record or generally known to Tenant from any portion of the public. In particularPremises; provided, however, in addition to the foregoing and not in limitationcourse of taking such action, Landlord shall use commercially reasonable efforts not issue a press release to interfere with 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 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 adversely affect Tenant’s trade name, trademarks, logos, or designs in business operations at the printing, publication, or distribution Premises (subject to events and circumstances outside of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining TenantLandlord’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37reasonable control).
Appears in 1 contract
Sources: Office Lease (Mitek Systems Inc)
ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times (upon reasonable 24 hours’ notice (which shall may be not less than two (2by telephone or email) business days except in the case of an emergency) to , when no notice shall be required), enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): to (a) for the purpose of inspecting inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing undertake any repair or maintenance obligation required or allowed under this Lease, (c) show the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibility, and mortgagees and(e) alter, at improve or repair the Premises. In connection with any time within twelve (12) months prior to such alteration, improvement or repair, Landlord may erect in the expiration of Premises or elsewhere in the Term of this Lease Real Property scaffolding and other structures reasonably required for the purpose of showing the same work to prospective tenantsbe performed. No In no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by ▇▇▇▇▇▇. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except ▇▇▇▇▇▇’s vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by Landlord in such reasonable manner as to minimize not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any disruption of portion thereof. Tenant’s business operation. Except in the event internal security and access systems must be part 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37system managed by Landlord.
Appears in 1 contract
Sources: Industrial Lease (Scilex Holding Co)
ENTRY BY LANDLORD. 17.1 Landlord and its authorized representatives shall have the right right, at reasonable times and upon reasonable prior notice (which shall be not less than two (2) business days except in the case event of an emergency) to enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): any time to (a) for inspect the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereunderPremises, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing exhibit the Premises to prospective purchasers purchasers, lenders or tenants, (c) determine whether ▇▇▇▇▇▇ is performing all of its obligations hereunder, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility, and mortgagees and, at (f) make any time within twelve (12) months prior repairs to the expiration Premises, or make any repairs to any adjoining space or utility services, or make any repairs, alterations or improvements to any other portion of the Term of this Lease for the purpose of showing the same to prospective tenants. No Building, provided all such entry shall constitute an eviction of Tenant, but any such entry work shall be done as promptly as reasonably practicable and so as to cause as little interference to Tenant as reasonably practicable. Notwithstanding the foregoing, because of the nature of Tenant’s business, the confidential and proprietary processes and procedures, Landlord shall have no rights to enter the laboratory area of the Premises (the “Lab”) nor any “quality assurance” area within the Premises unless accompanied by a representative of Tenant (except in an emergency, in which case no such representative shall be required). Landlord shall strictly comply with Tenant’s standard health, hygiene and safety protocols when entering the Lab or the “quality assurance” areas. In connection with any entry into the Premises by Landlord or any of its agents, employees, affiliates, members, managers, partners, officers, directors, contractors or other representatives, Landlord shall require such persons to comply with Tenant’s reasonable security measures previously detailed by Tenant to Landlord, which may include, without limitation, checking in at a receptionist desk and providing the receptionist with such person’s name and company affiliation and being escorted in the Premises by a representative of Tenant. Tenant waives all claims for damages for any injury or inconvenience to or interference with ▇▇▇▇▇▇'s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. 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 such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in the event of an emergencyadvance), or following an Event of Default, which is continuing, Tenant and Landlord shall have the right to have a representative accompany use any and all means which Landlord may deem proper to open such doors in any such inspectionsan emergency to obtain entry to the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that Any entry to the existence and the terms and conditions of this Lease shall be kept confidential Premises obtained by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents by any of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leasesuch means, or (iv) if the information is already a matter of public record or generally known to the public. In particularotherwise, in addition to the foregoing and not in limitation, Landlord shall not issue under any circumstances be construed or deemed to be a press release forcible or other public announcement concerning the existence and/or contents unlawful entry into or a detainer of the Lease without Premises or an eviction, actual or constructive, of Tenant from the prior written consent of Tenant. In the event that Tenant 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 Premises or 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
Sources: Lease (Talis Biomedical Corp)
ENTRY BY LANDLORD. 5.1 To permit the 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 agents with or without workmen and all persons authorised by it and with or without appliances at all reasonable business hours times upon prior notice to enter upon the Premises and if necessary, to remain at the Premises :
(a) to take inventories of fixtures and at all fittings therein and to carry out any maintenance works or repairs to the Landlord's installations inside the Premises which are in the 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 times building works as may be made or authorised in the vicinity of the Building and the Tenant shall deposit with the Landlord a key or key(s) to the Premises to enable the Landlord to enter into the Premises 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 unless key(s) are so deposited with the Landlord, in the event of emergency the Landlord or its agents 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 without notice enter upon the part of Landlord to make any such inspection or do any such work)Premises forcibly, and (b) 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 purpose of showing Landlord.
5.2 To permit the Landlord and all persons authorised by it at all reasonable times to show the Premises to prospective tenants during the last six months of the Term or to prospective purchasers and mortgagees and, at any time within twelve (12) months prior to during 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, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Term.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit Landlord and its authorized representatives shall have Landlord’s Agents to enter into and upon the right upon Premises at all reasonable notice times, following at least forty-eight (48) hours’ prior notice, which shall may be not less than two telephonic, (2) business days except in the case of emergency) an emergency or scheduled services, for which no notice shall be required), and subject to enter the Premises at all Tenant’s reasonable business hours (and at all other times in the event of an emergency): (a) security arrangements, 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 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 andpurchasers, at any time within twelve lenders or, during the last two hundred seventy (12270) months prior to the expiration 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 this Lease Rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the purpose Premises thereby occasioned (except for actual damages resulting from the sole active gross negligence or willful misconduct of showing the same Landlord); and Tenant shall permit Landlord to prospective tenantspost notices of non-responsibility and ordinary “for sale” or “for lease” signs. No such entry shall constitute be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of TenantTenant from the Premises. Landlord may temporarily close entrances, but doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of an emergency and when Landlord otherwise deems such closure necessary. Except in emergency situations, as determined by Landlord, Landlord shall exercise reasonable efforts to perform any such entry shall be done by Landlord into the Premises in such reasonable a manner as that is reasonably designed to minimize any disruption interference with the operation 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon reasonable Upon at least twenty-four (24) hours prior written notice (which shall notice can be not less than two provided by email to B▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ b▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ and J▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇) to Tenant (2) business days except in the case of emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord and Landlord’s agents to enter into and upon the Premises at all reasonable business hours 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) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non-responsibility for any construction, alteration or repair thereof, as required or permitted by any Law, and (vi) placing “For Sale” signs, and showing the Premises to Landlord’s existing or potential successors, purchasers and lenders; provided that except for emergencies, any such entry shall be performed in a commercially reasonable manner in order to minimize the interference with Tenant’s use of the Premises and Tenant shall 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 all other times commercially reasonable times. Notwithstanding anything to the contrary, Tenant may designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency): (a) for the purpose of inspecting the same or for the purpose of doing any work required or permitted of . Tenant shall permit 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 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 andLandlord’s agents, at any time within twelve nine (129) months prior to the expiration of Expiration Date (or at any time during the Lease Term of this Lease for that Tenant is in default hereunder), to place upon the purpose of showing Premises “For Lease” signs, and exhibit the same Premises to real estate brokers and prospective tenantstenants at reasonable hours. No such entry shall constitute an eviction of Tenant, but At any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except time when Tenant does not rent all rentable space in the event of an emergencyProject, and at any time within nine (9) months prior to the Expiration Date (or following an Event of Defaultat any time during the Lease Term that Tenant is in default hereunder) if Tenant does rent all rentable space in the Project, which is continuing, Tenant Landlord 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 place “For Lease” signs within 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37exterior Common Area.
Appears in 1 contract
Sources: Lease Agreement (Cutera Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon no less than twenty-four (24) hours’ prior notice to Tenant (which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which ▇▇▇▇▇▇ fails to perform. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business and/or lost profits occasioned thereby, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its authorized representatives agents, employees or contractors. Tenant hereby waives any claims for 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 upon reasonable notice (which to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be not less than two construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Tenant shall be permitted the opportunity to cause a representative of Tenant to accompany Landlord during any such entry (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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose provided that such representative of showing the Premises to prospective purchasers and mortgagees and, at any time within twelve (12) months prior 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, but any such entry shall be done by Tenant does not unreasonably interfere with or delay Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in the event of an emergency, exercising its rights 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage satisfying its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37obligations hereunder.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Subject to the terms of this Section 24.2(a), Landlord and its authorized representatives shall Affiliates at all times have the right upon to enter the Premises, and Landlord will retain (or be given by Tenant) keys to unlock all the doors to or within the Premises, excluding doors to Tenant’s vaults and files and Tenant’s limited high-security areas. Landlord in good faith will attempt to give Tenant oral or written notice at least one (1) day prior to entering the Premises and will use commercially reasonable efforts to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances. But, Landlord need not give notice (which shall be not less than two (2) business days except in and will have the case of emergency) right to use any means necessary to enter the Premises at all reasonable business hours (and at all other times in if Landlord believes there is an emergency or that entry is necessary to prevent damage or injury or protect health, safety or property, although Landlord still will attempt to avoid disturbing or interfering with 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 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 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, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption conduct of Tenant’s business operationby such entry more than is reasonably necessary under these circumstances (although Tenant acknowledges that emergency situations may result in material interference). Except Entry to the Premises and the exercise of Landlord’s rights will not, under any circumstances, be deemed to be a default, a forcible or unlawful entry into or a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof, nor will it subject Landlord to any Liabilities or entitle Tenant to any compensation, abatement of rent or other rights and remedies.
(b) Notwithstanding anything to the contrary, Landlord reserves from the rights granted to Tenant in this Lease, and Tenant agrees to permit, the event right of an emergencyemergency egress through the Premises for Landlord and other tenants and occupants of the Building (and their respective Affiliates). To accommodate this emergency egress, or following an Event of Default, which is continuing, Tenant shall Landlord will have the right to have a representative accompany Landlord use existing (or if not already existing or to be part of Landlord’s Work, at its cost install new) doors, hardware and locking devices in any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinthe Premises and to comply with applicable Laws in providing this access, it is agreed that the existence and the terms and conditions all of this Lease shall work will be kept confidential by Landlord performed in a good and workmanlike manner and so as not disclosed to third-parties. Notwithstanding disturb the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents of the Lease without the prior written consent conduct of Tenant. In ’s business more than is reasonably necessary under the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37circumstances.
Appears in 1 contract
Sources: Lease (Transmedics Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall employees and agents will at all times have the right right, upon reasonable 24 hours prior telephonic notice and during normal business hours (which shall be not less than two (2) business days except in the case of an emergency) ), to enter the Premises at all reasonable business hours (and at all other times in to inspect 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 hereundersame, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within twelve (12) and/or to repair the Premises as permitted or required by this Lease. During the last six months prior to the expiration of the Term (except when Tenant has exercised an Extension Option that would extend the Term beyond the end of this Lease for such six month period), Landlord and its employees and agents will have the purpose of showing right upon 24 hours prior telephonic notice and during normal business hours to enter the same Premises to show the Premises to prospective tenants. No In exercising such entry shall constitute an eviction rights, Landlord will endeavor to minimize, as reasonably practicable, the interference with Tenant’s business, and will provide Tenant with reasonable advance notice of Tenant, but any such entry shall (except in emergency situations). Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be done by performed. 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 will have the right to have a representative accompany use any and all means which Landlord may reasonably deem proper to open said doors in any such inspectionsan emergency in order to obtain entry to the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that Any entry to the existence and the terms and conditions of this Lease shall be kept confidential Premises obtained by Landlord and by any of said means, in the event made in accordance with this Paragraph, will not disclosed be construed or deemed to third-partiesbe a forcible or unlawful entry into the Premises, or an eviction of Tenant from the Premises. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only will not be liable to Tenant for any damages or losses for any entry by Landlord. Landlord acknowledges that its entry to the extent required by law; (ii) as necessary Premises may be restricted to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, comply with requirements regarding bonded warehouses and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 it will not enter any related entity shall use portion of the secured and bonded area of the warehouse portion of the Premises without being accompanied by a representative of 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
Sources: Office Lease (Zones Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) business days except in right, subject to the case of emergency) provisions below, to enter the Premises at all reasonable during normal business hours (and at all other times in the event of an emergency): to (a) inspect the Premises (including to perform routine periodic inspections for the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereundercompliance with environmental, public health 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 the part of Landlord to make any such inspection or do any such worksafety standards), and (b) for the purpose determine whether Tenant is performing Tenant's obligations hereunder, (c) supply any service to be provided by Landlord, or (d) post notices of showing the Premises to prospective purchasers and mortgagees andnon - responsibility, at any time within twelve (12) months prior 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, but provided that any such entry shall be done by Landlord in such reasonable manner undertaken so as to minimize cause as little interference to Tenant as reasonably practicable. Any such entry shall be made by written request not less than seventy two (72) hours prior to entry and subject to Tenant's security requirements, including the requirement that Landlord be accompanied at all times by a representative of Tenant (unless such entry is required for emergency or security purposes and such prior notice is not possible, in which event no prior notice shall be required, such entry may occur at any disruption time and such entry shall not be subject to Tenant's security requirements). Landlord also specifically reserves the following rights:
(i) to control ingress to and egress from the Property (as opposed to ingress to and egress from the Premises from within the Property), to erect and maintain gates, and to regulate or prevent traffic, provided, that ▇▇▇▇▇▇▇▇ agrees to work with Tenant to implement procedures to provide un-gated access to the Premises (or certain portions thereof to be designated by Tenant), so long as the requirements of Tenant’s business operation. Except the Security Plan are satisfied; (ii) to close all or a portion of the Premises when immediate danger to life, environment, or property is discovered until such danger has been reasonably mitigated; (iii) provide first response emergency fire and security responses, including armed and arrest capabilities, consistent with the Security Plan; and (iv) on behalf of Landlord, the EPA, the State of California, the Navy, the MEW Companies and other entities and governmental agencies that are involved in the event of an emergencyremediation of, or following an Event of Defaultthat are responsible to remediate, which is continuingexisting or future contamination on or about the Property, Tenant shall have the right to have a representative accompany Landlord in reasonable access to known or suspected areas of contamination or other areas upon which any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereincontainment system, it treatment system, monitoring system, or other environmental response action is agreed that installed or implemented, or to be installed or implemented, for the existence purposes of the complying with Environmental Law and requirements, subject to the terms and conditions of this Lease Lease; provided, however, that any such installation and implementation shall be kept confidential undertaken so as to cause as little interference to Tenant and Tenant's Related Entities as reasonably practicable. Landlord shall cooperate with Tenant in locating any such required equipment in locations and installing and implementing such systems in a manner that are compatible with the Conceptual Development Plan. Tenant waives all Claims against Landlord for damages for any injury or inconvenience to or interference with ▇▇▇▇▇▇'s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions hereinsuch entry or ▇▇▇▇▇▇▇▇'s exercise of such reserved right, Landlord may disclose the existence and/or contents of this Lease: (i) as and only except to the extent required by law; (ii) arising as necessary to (a) manage its investment in the Building a consequence of Landlord's gross negligence or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known willful misconduct. Any entry to the public. In particular, in addition to the foregoing and not in limitation, Premises obtained by Landlord by any of such means shall not issue under any circumstances be construed or deemed to be a press release forcible or other public announcement concerning the existence and/or contents unlawful entry into or a detainer of the Lease without Premises or an eviction, actual or constructive, of Tenant from the prior written consent of Tenant. In the event that Tenant 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 Premises or 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
Sources: Adaptive Reuse Lease
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon may with reasonable prior notice (which shall in no event be not less more than two (224 hours prior notice) 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): to (a) for inspect 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 the part of Landlord to make any such inspection or do any such work), and same; (b) for exhibit the purpose of showing same to prospective purchasers, lenders or tenants, provided, however, that Landlord shall only exhibit the Premises to prospective purchasers and mortgagees and, at any time within twelve tenants during the final ninety (1290) months prior to the expiration days of Tenant's occupancy of the Term Premises; (c) make repairs or perform maintenance required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building; (d) supply janitor service and any other service to be provided by Landlord to Tenant under this Lease for the purpose Lease; and (e) post notices of showing the same to prospective tenants. No non-responsibility, provided, however, that all such entry shall constitute an eviction of Tenant, but any such entry work shall be done by Landlord in such reasonable manner as promptly as reasonably practical and so as to minimize cause as little interference to Tenant as reasonably practical. Tenant hereby waives any disruption claim for damages for any inconvenience to or interference with Tenant's business or any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry, except for the gross negligence or willful misconduct of Landlord. 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 business operation. Except 's server room vaults, safes and similar areas designated in the event of an emergency, or following an Event of Default, which is continuing, writing by Tenant in advance); and Landlord shall have the right to have a representative accompany use any and all means which Landlord may deem proper to open Tenant's doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord in an emergency shall not 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 such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence portion thereof 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue have no liability to Tenant as 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37result thereof.
Appears in 1 contract
Sources: Office Lease (Redenvelope Inc)
ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times, and upon reasonable no less than forty-eight (48) hours’ prior notice (which shall provided that no advance notice need be not less given if an emergency (as determined by Landlord in its good faith judgment) necessitates an immediate entry or prior to entry to provide janitorial or security services), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) show the Premises to prospective lenders, purchasers and, during the last 12 months of the Term, to prospective tenants, (c) post notices of nonresponsibility, and (d) make repairs or required alterations or improvements to the Building or any other portion of the Premises as required under this Lease. At Tenant’s option, Tenant may require that an employee of Tenant accompany any such visitors (other than two Landlord or Landlord’s agents, employees or contractors). Tenant may from time to time upon thirty (230) business days except days’ advance written notice to Landlord designate, as secured areas of the Premises, areas where unusually confidential information is kept. Except in the case of emergencyemergency (as determined by Landlord in good faith), Landlord shall not enter such secured areas unless accompanied by a representative of Tenant. Tenant agrees to make such representative available to Landlord during Business Hours upon reasonable advance request (which may be oral) by Landlord. If Tenant shall fail to make such a representative available upon such request, Landlord may enter the Premises such secured areas without Tenant’s representative. Landlord shall at all reasonable business hours (and at all other times be provided with a means of entry to the secured areas in the event of an emergency): (a) for emergency or Tenant’s failure to provide a representative as aforesaid. Landlord shall not provide janitorial services to such secured areas unless requested by Tenant, in which case such services will be provided at the purpose normal times janitorial service is supplied to other portions of inspecting the Premises. Tenant may elect that a representative accompany the provider of such janitorial services to the secured areas so long as the same does not require rescheduling of such services or for hinder, interfere with or delay 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 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 to the expiration performance of the Term same and is permitted under Landlord’s applicable contracts with the provider of this Lease for the purpose of showing the same to prospective tenantssuch janitorial services. No In no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but any such entry not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall be done by at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s vaults and safes. Landlord in such reasonable manner as shall use good faith efforts to minimize any disruption interference with Tenant’s use and occupancy of the Premises for the ordinary conduct of Tenant’s business operationin connection with the exercise of Landlord’s rights under this Paragraph. Except in If an emergency necessitates immediate access to 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 hereinPremises, Landlord may disclose use whatever force is necessary to enter the existence and/or contents of this Lease: (i) as Premises and only any such entry to the extent required by law; (ii) as necessary to (a) manage its investment in Premises shall not constitute a forcible or unlawful entry into the Building or Project or (b) seek appropriate advice from professional advisorsPremises, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce a detainer of the terms of this LeasePremises, or (iv) if an eviction of Tenant from the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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, logosPremises, 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 written consent, which may be withheld in Tenant’s sole and absolute discretionportion thereof. [SIGNATURES ON THE NEXT PAGE] 371005628.07/SF 375170-00002/11-24-16/mrm/mrm -47- 24. Intentionally Omitted.
Appears in 1 contract
ENTRY BY LANDLORD. DRAFT Landlord reserves and its authorized representatives shall have the right at all reasonable times, upon reasonable prior notice (which shall be not less than two (2) business days except in the case of an emergency) ), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times, have the right to re-enter the Premises at all reasonable business hours (and at all other times in to inspect the event of an emergency): (a) for same, to supply any service which Landlord is required to provide to Tenant or the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord Premises 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within twelve Mortgagees or (12during the last two (2) months prior of the Initial Term) tenants, to post notices of nonresponsibility or as otherwise required or allowed by this Facility Lease or by law, and to alter, improve or repair the Premises and any portion of the Building as permitted under this Facility Lease and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed; provided, such scaffolding, pipes, conduits, and other necessary structures do not unreasonably interfere with Tenant’s use of the Premises or its business conducted therein, are not permanently affixed to the expiration Premises, and are removed within twenty-four (24) hours after the work is completed. Landlord shall use its best efforts during re-entry to not unreasonably interfere with Tenant’s use of the Term Premises or its business conducted therein. Landlord shall not, however, be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising from Landlord’s entry and acts pursuant to this Lease Section and Tenant shall not be entitled to an abatement or reduction of Base Rent if Landlord reasonably exercises any rights reserved in this Section. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the purpose Premises, and any other loss occasioned thereby, unless caused by the gross negligence or willful misconduct of showing Landlord or any of the same Landlord Parties. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to prospective tenants. No such entry shall constitute an eviction unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, but or special security areas (designated by Tenant from time to time, in its absolute discretion, by written notice to Landlord in advance of the installation or creation of any such entry shall be done by vaults, safes or special security areas), and 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 use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinportion of the Premises, it is agreed that and any entry to the existence and the terms and conditions of this Lease shall be kept confidential Premises, or portion thereof obtained by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents by any of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leasesaid means, or (iv) if the information is already a matter of public record or generally known to the public. In particularotherwise, in addition to the foregoing and not in limitation, Landlord shall not issue under any emergency circumstances be construed or deemed to be a press release forcible 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 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, logosunlawful entry into, or designs in a detainer of, the printing, publicationPremises, or distribution an eviction, actual or constructive, of Tenant from the Premises or any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portions thereof.
Appears in 1 contract
Sources: Facility Lease Agreement
ENTRY BY LANDLORD. 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 may enter the Premises at all upon reasonable prior notice and during normal business hours (and at all other times except in the event of an a bona fide emergency): , in which case such prior notice shall be given and the timing of access shall occur as is reasonable under the circumstances) to (ai) inspect or (if Landlord is performing janitorial work) clean the Premises, (ii) perform or facilitate the performance of repairs, updates, alterations or additions to the Premises or any portion of the Building (including for the purpose of inspecting checking, calibrating, adjusting and balancing controls and other parts of the same or for Building’s systems) which are not reasonably accessible except from within the purpose of doing any work required or permitted of Landlord hereunderPremises, 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 the part of Landlord to make any such inspection or do any such work), and (biii) for the purpose of showing show the Premises to prospective purchasers and mortgagees and, at any time within twelve or lenders or (12iv) during the last nine (9) months prior to the expiration of the Term of this Lease for Term, show the purpose of showing the same Premises to prospective tenants. No such entry The foregoing notwithstanding, in no event shall constitute Landlord access the portion of the Premises located on the fifth (5th) floor of the Building without an eviction of Tenant, but any such entry shall be done escort provided by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except Tenant except in the event of an a bona fide emergency, or following an Event . Landlord may also provide emergency egress though the Premises by occupants of Default, which the Building if and to the extent such emergency egress is continuing, Tenant shall have required to make portions of the right to have a representative accompany Landlord in any such inspectionsBuilding comply with applicable Law. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that To 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 hereinextent reasonably necessary, Landlord may disclose temporarily close all or a portion of the existence and/or contents Premises to perform repairs, alterations and additions. Entry pursuant to this Section 10 shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of this Lease: (i) as Rent. Tenant shall provide to Landlord keys and only alarm and access codes to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lendersPremises, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known Tenant shall indemnify and hold Landlord and Landlord Related Parties harmless from any claims arising from damage to the public. In particular, in addition Premises or property therein if Landlord must enter the Premises by force during a bona fide emergency due to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole failure to provide such keys and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37codes.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit 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) his agents to enter the into and upon said Premises at all reasonable business hours (times and at all other times in the event with reasonable notice, subject to any security regulations of an emergency): (a) Tenant for the purpose purposes 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 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 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, 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 disclose the existence and/or contents of this Lease: (i) as and only to inspecting the extent required by law; same, (ii) as necessary to (a) manage its investment in maintaining the Building or Project or (b) seek appropriate advice from professional advisorsPremises, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary making repairs, alterations or additions to enforce the terms of Premises which Landlord is otherwise entitled to make under this Lease, or (iv) performing any obligations of the Landlord under the Lease including remediation of hazardous materials if determined to be the information is already a matter responsibility of public record Landlord, without any abatement or generally known reduction of rent or without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned; except to the public. In particularextent that Landlord's occupancy on the Premises materially affects Tenant's orderly, reasonable use of the Premises, then Tenant shall be entitled to a proportionate reduction of Base Monthly Rent, such proportionate reduction to be based upon the extent to which Landlord's entry and presence shall interfere with the business carried on by Tenant in the Premises, in addition the reasonable judgment of Landlord and Tenant. Tenant shall permit Landlord and his agents, at any time within one hundred eighty (180) days prior to the foregoing Expiration Date (or at any time during the Lease if Tenant is in default hereunder), to place upon the Premises "For Lease" signs and not in limitationexhibit the Premises to real estate brokers and prospective tenants at reasonable hours. Notwithstanding the foregoing, Landlord (i) shall not issue a press release or other public announcement concerning enter the existence and/or contents 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) shall not unreasonably interfere with Tenant's use of the Lease without the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord (a0 Landlord, the Board of Managers and its authorized representatives their respective agents and contractors shall have the right upon reasonable notice to enter or pass through the Premises: (which i) to examine and show Premises to actual and prospective lenders, Senior Interest Holders and purchasers and, during the last 18 months of the Term, prospective lessees of the Unit, (ii) to conduct such activities as are incidental to the operation and maintenance of, and to make repairs and alterations in, the Premises, the Unit and/or the Building and their respective systems, facilities and equipment, (iii) to remove any violation of Law noted or issued against the Building, the Unit, the Premises or any part thereof and (iv) to read and maintain utility meters located therein; provided, however, that any such entry pursuant to clauses (i) and (ii) above shall be not less than two during Business Hours. Any entry by Landlord shall be made on reasonable advance oral notice and, at Tenant's request, Landlord shall be accompanied by an agent of Tenant, except in emergency situations where no such notice and/or supervision shall be required. In exercising its rights under this Section 12.7, Landlord shall use, and shall use reasonable efforts to cause the Board of Managers to use, reasonable efforts to avoid unreasonable interference with the normal conduct of Tenant's business in the Premises. Landlord and the Board of Managers each shall have a pass key (2or similar entry device) business days to the Premises which may only be used with Tenant's permission, except in the case of an emergency) , and shall be allowed to bring materials and equipment into the Premises as required in connection with maintenance, repairs and alterations, without any liability to Tenant and without any reduction of Tenant's obligations. (b0 If, during the last month of the Term, Tenant has removed all or substantially all of Tenant's Property from the Premises, Landlord, without notice to Tenant, may immediately enter the Premises at all reasonable business hours (and at all other times in alter, renovate and decorate 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 hereundersame, without liability to Tenant and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease without reducing or otherwise shall create or imply any duty upon 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 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 affecting Tenant, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37's obligations hereunder.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times, and upon reasonable at least one (1) Business Day's advance written notice (which shall provided that no advance notice need to be not less than two given if an emergency (2as determined by Landlord in its reasonable judgment) business days except in the case of emergency) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): to (a) for the purpose of inspecting inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers and mortgagees andor, at any time within twelve during the last eighteen (1218) months prior to the expiration of the Term Term, prospective tenants, (d) post notices of this Lease non-responsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the purpose of showing the same work to prospective tenantsbe performed. No Except as expressly provided below, in no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible and, subject to Paragraph 17.f. above, and except to the extent an emergency requires otherwise (as reasonably determined by Landlord), any extraordinarily noisy or disruptive work shall be performed after Business Hours or on weekends. If any such entry shall be done or work is necessitated due to reasons within Landlord's reasonable control and continues for ten (10) or more consecutive Business Days after Tenant's written notice thereof to Landlord, and during the period of entry or work all or a material part of the Premises are rendered unusable by Landlord such entry or work so that Tenant is unable to conduct its business in the Premises in substantially the manner as it was conducted in the Premises prior to such entry or work, and Tenant does not conduct any business in such reasonable manner part of the Premises so rendered unusable, then commencing as to minimize any disruption of Tenant’s business operation. Except in the event expiration of an emergency, or following an Event of Default, which is continuingsuch ten (10) consecutive Business Day period, Tenant shall have the right be entitled to have a representative accompany Landlord in any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinan abatement of Monthly Rent under Paragraph 5 hereof and Additional Rent under Paragraph 7 hereof, it is agreed that the existence and the terms and conditions of this Lease which abatement shall be kept confidential based on the portion of the Premises rendered unusable for Tenant's business by Landlord and not disclosed such entry or work. The prior sentence is inapplicable to third-parties. Notwithstanding Landlord's entry into the confidentiality provisions herein, Landlord may disclose Premises or work within the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary Premises that is necessitated due to (ax) manage its investment in the Building damage caused by fire or Project other casualty where such damage is governed by Paragraph 26 or (by) seek appropriate advice from professional advisorsdamage caused by the negligence or willful misconduct of Tenant or Tenant's agents, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leaseemployees or contractors, or (ivz) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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, logosinterruption in, or designs in the printingfailure or inability to provide to Tenant any services or utilities, publicationwhere such interruption, failure or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37inability is governed by Paragraph 17.
Appears in 1 contract
Sources: Office Lease (Ask Jeeves Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times upon reasonable notice to Tenant of at least twenty four (24) hours except in an emergency in which case such notice (if any) as is reasonably practicable to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, or to the ground lessors, or, in the final twelve 12) months of the Lease Term, to prospective tenants; (iii) to post notices of nonresponsibility; or (iv) alter, 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 improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and its authorized representatives shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for abatement of Rent (except as provided in Section 6.8 above) or 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 upon reasonable to enter without notice (which shall be not less than two (2) business days except and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the case 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 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 Tenant from 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 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 to the expiration portion of the Term of this Lease for the purpose of showing the same to prospective tenantsPremises. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. 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 during any such inspectionsaccess of the Premises by Landlord. 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents use commercially reasonable efforts to minimize disruption to Tenant during any access of the Lease without Premises by the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37hereunder.
Appears in 1 contract
Sources: Lease (Calidi Biotherapeutics, Inc.)
ENTRY BY LANDLORD. a. Landlord reserves and its authorized representatives shall at any and all reasonable times have the right to enter the Premises, inspect the same (provided that Tenant shall have the right upon reasonable notice (which shall to require that Landlord be not less than two (2) business days accompanied by a representative of Tenant during such entry, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose supply janitorial services, post notices of showing non-responsibility, show the Premises to prospective purchasers and mortgagees or mortgagors/lenders, and, at any time within twelve solely during the last nine (129) months prior to the expiration of the Term of this Lease for (unless a Tenant Default has occurred), to show the purpose of showing the same Premises to prospective tenants, to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, all without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be unreasonably obstructed thereby and provided that the business of Tenant shall be interfered with as little as is reasonably practicable. No Landlord will provide Tenant with at least two (2) business days’ prior notice (except in the case of an emergency) of any of the actions set forth in this Section 21.a. to be taken by Landlord if such action will substantially interfere with Tenant’s ability to (i) conduct business in the Premises, (ii) gain access to and from the Premises, or (iii) use or have access to and egress from the parking area. All other entries shall require at least one (1) business day advance notice. Landlord shall use commercially reasonable efforts to ensure that the performance of any work of repairs or alterations described herein shall not materially interfere with Tenant’s use of or access to the Premises (or any portion thereof) or the Common Areas for Tenant’s business purposes (such efforts to include, to the extent possible, limiting the performance of any such work which might be disruptive to weekends or the evening and the cleaning of any work area prior to the commencement of the next business day). Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by Landlord’s negligence or willful misconduct or Landlord’s breach of this Lease. For each of the aforesaid purposes, Landlord may at its discretion at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes and files, and Landlord at its discretion has 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 without liability to Tenant. Any entry to the Premises obtained by Landlord by any of said means shall constitute 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 of Tenant, but Tenant from the Premises or 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice (which shall be not less than two one
(21) business days day’s prior notice to Tenant which may be given by telephone or electronic mail (except in the case of emergencyan emergency or with respect to regularly scheduled services) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. No such entry Landlord shall constitute an eviction comply with reasonable and nondiscriminatory requirements of Tenant, but Tenant during any such entry shall be done by into the Premises intended in good faith to protect Tenant’s work, business activities and proprietary information. Provided that Landlord in such employs commercially reasonable manner as efforts to so comply and to minimize any disruption interference with the conduct of Tenant’s business operationin connection 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. Except in the event of In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to use any reasonable means to open the doors in and to the Premises. Landlord also shall have a representative accompany Landlord in the right at any time, without the same constituting an actual or constructive eviction and 176647423.3 373606-000050 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 inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinchange does not (A) unreasonably reduce, it is agreed that the existence and the terms and conditions interfere with or deprive Tenant of this Lease shall be kept confidential by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only access to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this LeasePremises, or (ivB) reduce the rentable area (except by a de minimis amount) of the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises 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 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 information is already a matter of public record circumstances to Tenant’s Property, and 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 generally known other means necessary to access the Premises. Landlord further reserves the right to the publicareas 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. In particularUpon the giving of such notice, in addition to the foregoing and not in limitation, Landlord designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be treated as Common Areas. Tenant shall not issue a press release or other public announcement concerning make any Alterations in the existence and/or contents of the Lease without the prior written consent Future Shaft Areas and shall remove any of Tenant. In ’s property from the event that Tenant 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 same upon reasonable prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37notice from Landlord.
Appears in 1 contract
Sources: Lease (Organovo Holdings, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice (which shall be of not less than two one (21) business days day, except in the case of emergencyan emergency where no notice shall be required) to Tenant to enter the Premises at all reasonable business hours to: (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor, during the last nine (9) months of the Term, to tenants, or to the ground lessors; (iii) to post notices of nonresponsibility; or (iv) alter, 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 improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time within twelve (12) months prior time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the expiration abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. In exercising its rights under this Article, Landlord will use commercially reasonable efforts to minimize unreasonable interference with Tenant’s use of the Term of this Lease Premises. Tenant hereby waives any claims for the purpose of showing the same damages or for any injuries or inconvenience to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of or interference with Tenant’s business operationbusiness, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. Except For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the event of Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany Landlord in enter without notice and use any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed means 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 disclose deem proper to open the existence and/or contents of this Lease: (i) as doors in and only to the extent required by law; (ii) as necessary to (a) manage its investment Premises. Any entry into the Premises in the Building manner hereinbefore described shall not be deemed to be a forcible or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leaseunlawful entry into, or (iv) if a detainer of, the information is already a matter Premises, or an actual or constructive eviction of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents Tenant from any portion of the Lease without the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
Sources: Lease (Kezar Life Sciences, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall at all reasonable times 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 to inspect the same, to supply any service required to be provided by Landlord to Tenant under this Lease, to exhibit the Premises to prospective lenders or purchasers (or during the last year of the Term or during any default by Tenant, to prospective tenants), to post notices of non-responsibility, and/or to alter, improve or repair the Premises or any other portion of the Building or Property, all without being deemed guilty of or liable for any breach of Landlord’s covenant of quiet enjoyment or any eviction of Tenant, and without abatement of Rent. In exercising such entry rights, Landlord shall endeavor to minimize, to the extent reasonably practicable, the interference with Tenant’s business, and shall provide Tenant with reasonable advance notice (oral or written of at all reasonable business least 24 hours (and at all other times except in the event of an emergency): ) of such entry (a) except in emergency situations and for scheduled services). For each of the purpose foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of inspecting the same or for doors in, upon and about the purpose of doing any work required or permitted of Landlord hereunderPremises, excluding Tenant’s vaults and safes, and Landlord shall have the means which Landlord may take all such action thereon as may be necessary or appropriate for deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any such purpose (but nothing contained in this Lease of said means or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, 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 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 TenantTenant from the Premises or any portion thereof, but or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses on account of 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Landlord.
Appears in 1 contract
Sources: Commercial Lease Agreement (Zhone Technologies Inc)
ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times, and upon reasonable advance notice (which shall provided that no advance notice need be not less than two (2) business days except in the case of emergency) given if an emergency necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): to (a) for the purpose of inspecting inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers and mortgagees lenders or purchasers, and, at any time within curing the final twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same term (as such term may have been extended), to prospective tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property or the Office Park. No In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property or the Office Park scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but any not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts to cause all such entry shall work to be done by Landlord in such reasonable a manner as to minimize the extent and duration of the entry or work and to cause as little interference to Tenant as reasonably possible without incurring additional expense; provided, further, if the work is a type of work that is customarily performed by Landlords of first class office buildings after regular business hours, then, unless otherwise agreed to by Tenant, Landlord shall cause the work to be performed after business hours. Notwithstanding anything to the contrary herein, if any disruption such entry or work is (i) necessitated due to reasons within Landlord’s reasonable control and continues for fourteen (14) or more consecutive business days, or (ii) necessitated due to reasons outside Landlord’s reasonable control and continues for sixty (60) or more consecutive days, and during the period of entry or work all or a substantial part of the Premises are rendered unusable by such entry or work so that Tenant is unable to, and does not, conduct its business in the Premises, then Tenant shall be entitled to an abatement of Monthly Rent and Tenant’s Electrical Charge under Paragraph 5 hereof and Additional Rent under Paragraph 7 hereof, which abatement shall commence as of the first day after the expiration of such fourteen (14) consecutive business day or sixty (60) consecutive day period (as applicable) and terminate upon the cessation of such entry or work, and which abatement shall be based on the portion of the Premises rendered unusable for Tenant’s business operationby such entry or work. Except The prior sentence is inapplicable to Landlord’s entry into the Premises or work within the Premises that is necessitated due to damage caused by fire or other casualty where such damage is governed by Paragraph 26. Landlord shall at all times retain a key with which to unlock all of the doors in the event of Premises, except Tenant’s vaults and safes. If an emergency, or following an Event of Default, which is continuing, Tenant shall have emergency necessitates immediate access to 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 hereinPremises, Landlord may disclose use whatever force is necessary to enter the existence and/or contents of this Lease: (i) as Premises and only any such entry to the extent required by law; (ii) as necessary to (a) manage its investment in Premises shall not constitute a forcible or unlawful entry into the Building or Project or (b) seek appropriate advice from professional advisorsPremises, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce a detainer of the terms of this LeasePremises, or (iv) if an eviction of Tenant from the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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, logosPremises, 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon reasonable After not less than twenty four (24) hours prior notice (which shall may be not less than two (2) business days oral or written notice, notwithstanding anything to the contrary in this Lease governing the manner of delivery of notices, and except in the case of emergency) to enter the Premises at all reasonable business hours (and at all other times that 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 provide shorter notice as may be necessary or appropriate for required under the circumstances, which may be no prior notice, if applicable under the circumstances of the applicable emergency situation), Landlord, its authorized agents, contractors, and representatives shall at any such purpose (but nothing contained in this Lease or otherwise shall create or imply and all times have the right to enter the Premises to inspect the same, to supply janitorial service and any duty upon the part of other service to be provided by Landlord to make any such inspection or do any such work)Tenant hereunder, and (b) for the purpose of showing to show the Premises to prospective purchasers and mortgagees and, at any time within twelve or (12only during the final six (6) months prior to the expiration of the Term Term) tenants, to post notices, to alter, improve or repair the Premises or any other portion of this Lease for the purpose Building, all without being deemed guilty of showing the same to prospective tenants. No such entry shall constitute an any eviction of Tenant, but any such entry shall be done by Landlord Tenant and without abatement of rent (except as otherwise provided in such reasonable manner as to minimize any disruption of Tenant’s business operationthis Lease). Except in the event of an emergency, or following an Event Landlord shall endeavor to coordinate any such entry with Tenant, so as to minimize the extent of Defaultany unreasonable interference with Tenant’s business operations to the extent practicable under the circumstances. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Landlord shall at all times have and retain a key with which is continuingto unlock all doors in the Premises, Tenant excluding Tenant’s vaults and safes, Landlord shall have the right to have a representative accompany use any and all means which Landlord may deem proper to open said doors in any such inspectionsan emergency in order to obtain entry to the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that Any entry to the existence and Premises obtained by Landlord pursuant to the terms hereof shall not be deemed to be a forcible or unlawful entry into the Premises, or an eviction of Tenant from the Premises or any portion thereof, and conditions Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of this Lease shall be kept confidential by Landlord occupancy or quiet enjoyment of the Premises, and not disclosed to third-partiesany other loss in, upon and about the Premises. Notwithstanding anything to the confidentiality provisions hereincontrary set forth above, 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. Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment not enter such Secured Areas except in the Building case of emergency or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce in the terms event of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particularLandlord inspection, in addition to the foregoing and not in limitation, which case Landlord shall not issue a press release or other public announcement concerning the existence and/or contents provide Tenant with five (5) days’ prior written notice of the Lease without the prior written consent of Tenant. In the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content specific date and method time 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37inspection.
Appears in 1 contract
Sources: Lease Agreement (Redwood Trust Inc)
ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times, and ----------------- upon reasonable advance notice (which shall provided that no advance notice need be not less than two given if an emergency (2as determined by Landlord in its reasonable judgment) business days except in the case of emergency) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): to (a) for the purpose of inspecting inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibility, and mortgagees and(e) alter, at improve or repair the Premises or any time within twelve (12) months prior to the expiration other portion of the Term of this Lease Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the purpose of showing the same work to prospective tenantsbe performed. No Except as otherwise expressly provided in this Lease, in no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by Landlord in such reasonable manner as to minimize any disruption not constitute a forcible or unlawful entry into the Premises, a detainer of Tenant’s business operation. Except in the event of an emergencyPremises, or following an Event eviction of Default, which is continuing, Tenant shall have from 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this LeasePremises, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
Sources: Office Lease (Bea Systems Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and its authorized representatives upon reasonable notice to the Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, to prospective Tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building. 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 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 provided in Section 19.9, and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. Except as otherwise set forth in Sections 19.4 and 19.9, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's 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 upon to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises 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. Notwithstanding anything to the contrary set forth above, Tenant may designate certain areas (reasonable notice (which shall be in size) of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may not less than two (2) business days enter such Secured Areas except in the case of emergency) to enter the Premises at all reasonable business hours (and at all other times emergency or in the event of an emergency): a Landlord inspection, in which case Landlord shall provide Tenant with ten (a10) 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 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 days' prior to the expiration written notice 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, 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 specific date 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 gives its consent, Tenant shall have full approval rights over the timing, content and method time 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37inspection with respect to such areas.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice to Tenant (which shall be not less than two at least twenty-four (224) business days hours prior notice, except in the case of emergency) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor ground or underlying lessors, at any time within or, during the last twelve (12) months prior of the Lease Term, prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, 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 improvements to the expiration Building. Notwithstanding anything to the contrary contained in this Article 26, Landlord may enter the Premises at any time to (A) perform services required of the Term Landlord; (B) take possession due to any breach of this Lease for in the purpose manner provided herein; and (C) perform any covenants of showing Tenant which Tenant fails to perform. Landlord may make any such entries without the same abatement of Rent and may take such steps as required to prospective tenants. No such entry shall constitute an eviction of Tenantaccomplish the stated purposes; provided, but however, that any such entry shall be done by Landlord in accomplished as expeditiously as reasonably possible and so long as such reasonable manner as to minimize any disruption of entry shall not unreasonably interfere with Tenant’s business operationoperations. Except For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the event of Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany 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 such inspectionsportion of the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions No provision of this Lease shall be kept confidential construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise agreed to be performed by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
Sources: Office Lease (Tekelec)
ENTRY BY LANDLORD. Landlord Landlord, and its duly authorized representatives shall have the right representatives, shall, upon reasonable prior notice (which shall be not less than two (2) business days except in the case of emergency) , when no notice shall be required), have the right to enter the Premises at all reasonable business hours times (and at all other times any time in the event case of an emergency): (a) for the purpose purposes of inspecting the condition of same and making such repairs, alterations, additions or for the purpose of doing any work required or permitted of Landlord hereunder, and may take all such action thereon improvements thereto as may be necessary or appropriate for any such purpose if Tenant fails to do so as required hereunder (but nothing contained in this Lease or otherwise the Landlord shall create or imply any have no duty upon the part of Landlord whatsoever to make any such inspection inspections, repairs, alterations, additions or do any such workimprovements except as otherwise provided in this Lease), and to show the Premises to prospective tenants during the twelve (b12) for months preceding expiration of the purpose of showing Lease Term and at any reasonable time during the Lease Term to show the Premises to prospective purchasers and mortgagees andmortgagees.TENANT’S PAYMENTS. Any Additional Rent due hereunder, at any time within twelve (12) months prior to the expiration except for monthly payments on account of the Term of this Lease for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of TenantOperating Expenses and Taxes, 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 emergencypayable, 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 unless 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or within ten (iv10) if the information is already a matter days after written demand by Landlord. If Tenant does not timely pay any amount of public record or generally known to the public. In particular, in addition to the foregoing and not in limitationAdditional Rent, Landlord shall not issue a press release have all the rights and remedies available to Landlord hereunder 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 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 by law in the printingcase of non-payment of Annual Fixed Rent. If Tenant has not objected to any statement of Additional Rent which is rendered by Landlord to Tenant within ninety (90) days after the date thereof, publication, or distribution of then the same shall be deemed to be a final account between Landlord and Tenant not subject to any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37further dispute.
Appears in 1 contract
Sources: Lease Agreement (Hubspot Inc)
ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right at any and all reasonable times and upon reasonable at least twenty-four (24) hours prior notice to Tenant (which shall be not less than two (2) business days except in the case of an emergency) have the right to enter the Premises at all reasonable business hours (to supply janitor service and at all any 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 service to be provided by Landlord to Tenant 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 to inspect the part of Landlord same, to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers purchasers, lenders, or investors and mortgagees and, at any time within during the last twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same or following a default by Tenant to prospective tenants. No such entry shall constitute an , to post notices of non-responsibility, to alter, improve or repair the Premises or any other portion of the Building and/or the Parking Areas, as provided in Section 2.4 above, or for any other reasonable purpose, all without being deemed guilty of any eviction of TenantTenant and without abatement of Rent. Landlord may, but any in order to carry out such entry purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be done by Landlord in such interfered with as little as is reasonably practicable. Landlord, however, shall employ commercially reasonable manner as measures to minimize any disruption of interference with Tenant’s business operationuse of and access to the Premises. Except Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, for any loss of occupancy or quiet enjoyment of the Premises and for any other loss in, upon and about the Premises, the Building or the Parking Areas on account of Landlord’s entry or work permitted by this Article 18 or by Section 2.4 above. Landlord shall at all times have and retain a key with which to unlock all doors in the event of an emergencyPremises, or following an Event of Default, which is continuing, Tenant excluding Tenant’s vaults and safes. Landlord shall have the right to have use any and all means that Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not be construed or deemed to be a representative accompany Landlord in forcible or unlawful entry into the Premises, or an eviction of Tenant from the Premises or any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinportion thereof, it is agreed that the existence and the terms and conditions of this Lease any damages caused on account thereof shall be kept confidential paid by Landlord and not disclosed to third-partiesTenant. Notwithstanding the confidentiality provisions hereinabove, Landlord may disclose acknowledges that under The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Tenant has a duty to protect all “individually identifiable health information,” commonly referred to as protected health information (“PHI”), and Landlord agrees to use diligent, good faith efforts to comply with Tenant’s policies and procedures with respect to protecting PHI (other than in the existence and/or contents case of this Lease: (i) as an emergency), including any reasonable restrictions Tenant places on access to portions of the Premises and ownership or removal of files, but only to the extent required by law; (ii) as such policies and procedures are necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, for Tenant’s compliance with HIPAA and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents of the Lease without the provided that Tenant has given prior written consent of Tenant. In the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content and method notice 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 written consent, which may be withheld in Tenant’s sole policies and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37procedures to Landlord.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right may, upon reasonable 24 hours notice (which shall be not less than two (2) business days to Tenant, 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): to (a) for the purpose of inspecting inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants, (d) post notices of non-responsibility, and mortgagees and(e) alter, at improve or repair the Premises or any time within twelve (12) months prior to the expiration portion of the Term of this Lease Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the purpose work to be performed. In no event shall Tenant's rent ▇▇▇▇▇ as a result of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry or work; provided, however, that all such work shall be done by Landlord in such reasonable a manner as to minimize any disruption of Tenant’s business operationcause as little interference to Tenant as reasonably possible. Except in the event of an emergency, Landlord's gross negligence 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitationwillful misconduct, Landlord shall not issue a press release be liable in any manner for any inconvenience, loss of business or other public announcement concerning damage to Tenant or other persons arising out of Landlord's entry on the existence and/or contents Premises as provided in this Paragraph 23. Landlord shall at all times retain a key with which to unlock all of the Lease without doors in the prior written consent Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of Tenant. In the event that Tenant 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, logosPremises, or designs in an eviction of Tenant from the printing, publicationPremises, or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
Sources: Lease Agreement (Natus Medical Inc)
ENTRY BY LANDLORD. 13.1 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 times during normal business hours (and at all other times any time in the event case of an emergency): emergency (ai) for to determine whether the purpose of inspecting the same Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to maintain 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 the part of Landlord to make any such inspection repair or do restoration to the Building that Landlord has the right or obligation to perform, (iii) to install any such work)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 (b3) for months of the purpose of showing term or during any period while Tenant is in default, (vi) to show the Premises to prospective purchasers brokers, agents, buyers, tenants, or persons interested in an exchange, (vii) to shore the foundations, footings, and mortgagees and, at any time within twelve (12) months prior to the expiration walls of the Term of this Lease 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 thing necessary for the purpose safety or preservation of showing the same Premises or the Building. Landlord shall have the right at all times to prospective tenants. No such entry shall constitute an eviction of have and retain a key with which to unlock all doors in, upon and about the Premises excluding Tenant's vaults and safes, but any such entry shall be done by and 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 use any and all means which Landlord may 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 be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any such inspectionsportion thereof. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that 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 existence and the terms and conditions Premises by reason of Landlord's exercise of its rights of etry in accordance with this Lease shall be kept confidential by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lendersArticle 13, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord Tenant shall not issue a press release be entitled to an abatement or other public announcement concerning the existence and/or contents reduction of the Lease without the prior written consent of Tenant. In the event that Tenant 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, Rent or designs Expenses in the printing, publication, or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37connection therewith.
Appears in 1 contract
Sources: Office Lease (Trimark Holdings Inc)
ENTRY BY LANDLORD. Tenant shall permit Landlord and its authorized representatives shall have Landlord's Agents, prospective purchasers, lenders, investors, contractors, and within eighteen (18) months prior to the right upon reasonable notice (which shall be not less than two (2) business days except in the case expiration of emergency) this Lease, prospective tenants, to enter the Premises at all reasonable business hours (and at all other times times, upon giving Tenant a 24 hour prior notice, except in the event of an emergency): emergency in which case the 24 hour prior notice is not required: (ai) for the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereundersame, 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 the part of Landlord to make any such inspection or do any such work), and (bii) for the purpose of showing the Premises maintenance, repairs, alterations, or additions to prospective purchasers and mortgagees and, at any time within twelve (12) months prior to the expiration portion of the Term Building, including the erection and maintenance of this Lease for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenantscaffolding, 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 emergencycanopies, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lendersfences, and financial advisors; props as may be required, (iii) as necessary to enforce for the terms purposes of performing any of Tenant's obligations under this Lease, or (iv) if for the information is already a matter purpose of public record posting notices of non-responsibility for alterations, additions, or generally known repairs. In connection with the foregoing, Landlord acknowledges that due to the public. In particularproprietary and confidential nature of certain portions of the Premises, in addition Landlord's access pursuant to this Section 14.1 to the foregoing cGMP classified space and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents designated areas of the Lease without Premises (which Tenant shall designate in writing delivered to Landlord prior to the prior written consent Commencement Date) (collectively, the "Classified Space") may be limited such that Landlord may only access the Classified Space when accompanied by certain specified representatives of Tenant and in accordance with Tenant. In 's standard entry procedures for the event Premises, provided that Tenant gives its consentso long as Landlord complies with the foregoing with regard to the Classified Space, Tenant shall have full approval rights over not otherwise unreasonably deny Landlord access to the timingClassified Space. Provided Landlord gives Tenant the above 24-hour prior notice, content and method of such public disclosures. Tenant shall make available all necessary Tenant representatives so that Landlord agrees that neither Landlord nor any related entity shall use Tenant’s trade name, trademarks, logos, or designs in may access the printing, publication, or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Classified Space as provided above.
Appears in 1 contract
Sources: Lease Agreement (Cel Sci Corp)
ENTRY BY LANDLORD. (A) 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 may enter the Premises at all reasonable business hours times (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 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 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, 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 its representatives present) so long as Landlord provides Tenant with at least twenty-four (24) hours’ prior telephonic notice thereof (except in the case of an Emergency Situation in which case no prior notice shall be required, but Landlord shall endeavor in good faith to provide prompt oral notice) to: inspect the same; exhibit the same to prospective purchasers, Mortgagees, Ground Lessors or, during the last eighteen (18) months of the Term, tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease (as to which no prior notice shall be required); and make repairs in or to the Building or the Premises or improvements to the Building (and, if required under this Lease, to the Premises) to the extent and in the manner permitted hereunder; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Except in the case of any such inspections. ARTICLE XXIV CONFIDENTIALITY Except Emergency Situation or as otherwise provided hereinhereunder, it is agreed that any such work and services to be provided by Landlord to Tenant under this Lease (other than changing of light bulbs and similar work) to be performed within any portion of the existence Premises shall be done outside of Regular Business Hours, unless Tenant otherwise requests. Landlord shall at all times have and retain a key with which to unlock all of the terms doors in, on or about the Premises (excluding Tenant’s vaults, safes and conditions similar areas designated by Tenant in writing in advance), and Landlord shall have the right to use reasonable means to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, if done in accordance with the provisions of this Lease Article 17 and Article 8 above (but subject to Article 23 hereof), shall not under any circumstances be kept confidential deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord and shall not disclosed act as a termination of Tenant’s duties under this Lease.
(B) In connection with any work performed by Landlord in the Premises pursuant to third-parties. Notwithstanding the confidentiality provisions hereinthis Article 17, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to shall (a) manage its investment perform the same outside of Regular Business Hours (except in the Building event of an Emergency Situation or Project or as otherwise provided in this Lease), (b) seek appropriate advice from professional advisorsclean up and, includingexcept in the event of an Emergency Situation, without limitationrestore (e.g., tax preparers, bank personnel, business advisors, legal advisors, lendersceilings fully closed up with lighting functional) all areas being utilized for such work each morning prior to the commencement of Regular Business Hours such that there is no material interference with Tenant’s operations during Regular Business Hours resulting therefrom, and financial advisors; (iiic) as necessary to enforce promptly after the terms completion of this Leaseits work, restore or (iv) if the information is already a matter of public record or generally known repair any damage to the publicPremises and any of Tenant’s property therein as may have been affected by the performance of such work to the condition existing prior to the performance of such work. In particularIf Landlord fails to make such restoration or repair within ten (10) days after written notice from Tenant, then Tenant shall have the right to give Landlord a second written notice containing a sentence stating “IF LANDLORD FAILS TO MAKE THE APPLICABLE RESTORATION OR REPAIR WITHIN TWO (2) BUSINESS DAYS AFTER LANDLORD’S RECEIPT HEREOF, TENANT SHALL HAVE THE RIGHT TO MAKE SUCH RESTORATION OR REPAIR,” and, in addition to the foregoing and not in limitation, Landlord shall 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 gives its consentLandlord fails to make such restoration or repair within two (2) Business Days after Landlord’s receipt thereof (and provided Landlord has not commenced such restoration or repair within such two (2) Business Day period, or fails thereafter to diligently prosecute such restoration or repair to completion), Tenant shall have full approval rights over the timingright (but not the obligation) to make such restoration and repair and to charge Landlord for the actual, content and method reasonable costs incurred by Tenant therefor by written invoice to Landlord, in which event Landlord shall pay the amount of such public disclosures. Landlord agrees that neither Landlord nor any related entity shall use Tenantinvoice to Tenant within thirty (30) days after Landlord’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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37receipt thereof.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable advance notice (which shall be to Tenant of not less than two twenty-four (224) hours (except in situations that pose an imminent risk of serious physical harm or death to persons or significant damage to property) to enter the Premises to (i) inspect them; (ii) to show the Premises to prospective purchasers, mortgagees or tenants (within the final nine (9) months of the Lease Term), or to ground lessors; (iii) to post notices of nonresponsibility; or (iv) to alter, 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 improvements to the Building, or as Landlord may otherwise reasonably desire or reasonably deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in Emergencies. 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. 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 merely by ▇▇▇▇▇▇▇▇’s entry. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises. Any 4896-8192-6017.7374622.00001 -37- 5 BURLINGTON ▇▇▇▇▇[MBX Biosciences, Inc.] entry into the Premises 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. Notwithstanding anything to the contrary set forth above, Tenant may, from time to time, reasonably designate 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 or due to sensitive laboratory work or experiments being performed by ▇▇▇▇▇▇ therein. Landlord may not enter such Secured Areas without at least five (5) business days days’ notice (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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing the Premises if Tenant, in response to prospective purchasers and mortgagees andLandlord’s notice, at in good faith informs Landlord that ▇▇▇▇▇▇ is conducting sensitive experiments in any time within twelve (12) months prior to the expiration portion 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, 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 hereinSecured Areas comprising laboratory space, Landlord may disclose the existence and/or contents of this Lease: (i) as and only agrees to the extent required accommodate such longer notice period reasonably designated by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
Sources: Lease (MBX Biosciences, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice to Tenant (which shall be not less than two (2) business days twenty-four hours notice, except in the case of an emergency) to enter the Premises at all reasonable business hours to: (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor, at any time within during the last twelve (12) months prior of the Lease Term, to tenants, or to the expiration ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Term of this Lease Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of TenantBuilding, but any such entry shall be done by or as Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operationmay otherwise reasonably desire or deem necessary. 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 connection with any such inspectionsentry into the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinIf Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, it is agreed that the existence and the terms and conditions of this Lease then Tenant shall be kept confidential by deemed to have waived its right to accompany Landlord and not disclosed to third-partiesin connection with such entry. Notwithstanding anything to the confidentiality provisions hereincontrary contained in this Article 22, Landlord may disclose enter the existence Premises at any time, without notice to Tenant, in emergency situations and/or contents to perform janitorial or other services required of Landlord pursuant to this Lease: (i) . Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as and only required to accomplish the extent required by lawstated purposes; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisorsprovided, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitationhowever, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents use commercially reasonable efforts to minimize any interference with Tenant’s use of the Lease without Premises given the prior written consent circumstances of Landlord’s entry. 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 the event that Tenant gives its consentan emergency, Tenant Landlord shall have full approval rights over the timing, content right to enter without notice and method of such public disclosuresuse any means that Landlord may deem proper to open the doors in and to the Premises. Landlord agrees that neither Landlord nor any related entity Any entry into the Premises in the manner hereinbefore described shall use Tenant’s trade name, trademarks, logosnot be deemed to be a forcible or unlawful entry into, or designs in a detainer of, the printing, publicationPremises, or distribution an actual or constructive eviction of Tenant from any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion of the Premises.
Appears in 1 contract
Sources: Office Lease (Serena Software Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be Upon not less than two one (21) business days day’s prior notice to Tenant (except in the case of emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord and Landlord’s agents to enter into and upon the Premises at all reasonable business hours (times, and at all other times in without any rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the event of an emergency): (a) Premises thereby occasioned, for the purpose following purposes: (i) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of inspecting Landlord under the same Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or for the purpose of doing any work repair thereof, as required or permitted of Landlord hereunder, and may take all such action thereon as may be necessary or appropriate for by any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)law, and (bvi) for the purpose of placing “For Sale” signs, -50- and showing the Premises to prospective Landlord’s existing or potential successors, purchasers and mortgagees andlenders. Tenant shall permit Landlord and Landlord’s agents, at any time during the Lease Term that Tenant is in default under this Lease beyond applicable notice and cure periods granted in this Lease, to place upon the Premises “For Lease” signs, and at any time within twelve nine (129) months prior to the expiration of Expiration Date, or at any time during the Lease Term of that Tenant is in default under this Lease for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord beyond applicable notice and cure periods granted 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if to exhibit the information is already a matter of public record or generally known Premises to the public. In particular, in addition to the foregoing leasing real estate brokers and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37prospective tenants at reasonable hours.
Appears in 1 contract
Sources: Lease Agreement (ServiceNow, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon reasonable After not less than twenty four (24) hours prior notice (which shall may be not less than two (2) business days oral or written notice, notwithstanding anything to the contrary in this Lease governing the manner of delivery of notices, and except in the case of emergency) to enter the Premises at all reasonable business hours (and at all other times that 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 provide shorter notice as may be necessary or appropriate for required under the circumstances, which may be no prior notice, if applicable under the circumstances of the applicable emergency situation), Landlord, its authorized agents, contractors, and representatives shall at any such purpose (but nothing contained in this Lease or otherwise shall create or imply and all times have the right to enter the Premises to inspect the same, to supply janitorial service and any duty upon the part of other service to be provided by Landlord to make any such inspection or do any such work)Tenant hereunder, and (b) for the purpose of showing to show the Premises to prospective purchasers and mortgagees and, at any time within twelve or (12only during the final six (6) months prior to the expiration of the Term Term) tenants, to post notices, to alter, improve or repair the Premises or any other portion of this Lease for the purpose Building, all without being deemed guilty of showing the same to prospective tenants. No such entry shall constitute an any eviction of Tenant, but any such entry shall be done by Landlord Tenant and without abatement of rent (except as otherwise provided in such reasonable manner as to minimize any disruption of Tenant’s business operationthis Lease). Except in the event of an emergency, or following an Event Landlord shall endeavor to coordinate any such entry with Tenant, so as to minimize the extent of Defaultany unreasonable interference with Tenant’s business operations to the extent practicable under the circumstances. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Landlord shall at all times have and retain a key with which is continuingto unlock all doors in the Premises, Tenant excluding Tenant’s vaults and safes, Landlord shall have the right to have a representative accompany use any and all means which Landlord may deem proper to open said doors in any such inspectionsan emergency in order to obtain entry to the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that Any entry to the existence and Premises obtained by Landlord pursuant to the terms hereof shall not be deemed to be a forcible or unlawful entry into the Premises, or an eviction of Tenant from the Premises or any portion thereof, and conditions Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of this Lease shall be kept confidential by Landlord occupancy or quiet enjoyment of the Premises, and not disclosed to third-parties. Notwithstanding any other loss in, upon and about the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only Premises except to the extent required caused by law; (ii) the gross negligence or willful misconduct of Landlord. Notwithstanding anything to the contrary set forth above, Tenant may designate certain areas of the Premises as necessary to (a) manage its investment “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may not enter such Secured Areas except in the Building case of emergency or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce in the terms event of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particularLandlord inspection, in addition to the foregoing and not in limitation, which case Landlord shall not issue a press release or other public announcement concerning the existence and/or contents provide Tenant with five (5) days’ prior written notice of the Lease without the prior written consent of Tenant. In the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content specific date and method time 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37inspection.
Appears in 1 contract
Sources: Lease Agreement (Redwood Trust Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at any time upon reasonable notice (which shall be not less than two twenty-four (224) business days hours prior notice (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 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 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, 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, in which case no notice shall be required) to enter the Project for any reasonable purpose. In addition, Landlord reserves the right, all reasonable times upon reasonable notice to Tenant (except in the case of an emergency), to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or following to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises, Buildings or Project as set forth in this Lease, or for structural alterations, repairs or improvements to the Buildings or Project. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease beyond any applicable notice and cure period in the manner provided herein; and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent (except as otherwise expressly set forth in Section 6.7, above), and may take such reasonable steps as required to accomplish the stated purposes. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, Buildings and Project, except as otherwise set forth herein. Notwithstanding anything to the contrary set forth in this Article 27, 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. Landlord shall not have a key to enter such Secured Area and may only enter the Secured Areas (i) in an Event of Defaultemergency, which (ii) to maintain or repair such secured areas to the extent such repair or maintenance is continuingrequired in order to maintain and repair the Building Structure or as required by Applicable Law, or (iii) as reasonably otherwise required by Landlord. Any entry into the Secured Areas (except in an emergency) shall occur only upon prior notice to Tenant, in accordance with a schedule reasonably designated by Tenant, and Tenant shall have the right to have a representative accompany of Tenant present during any such entry by Landlord into a Secured Area. In an emergency, Landlord shall have the right to use any reasonable means that Landlord may deem proper to open the doors in and to the Premises, Buildings and Project. Any entry into the Premises, Buildings and Project 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 such inspectionsportion of the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions No provision of this Lease shall be kept confidential construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit 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) his agents to enter the into and upon said Premises at all reasonable business hours (times subject to any security and at all other times in the event safety regulations of an emergency): (a) Tenant for the purpose of inspecting the same or for the purpose of doing any work required maintaining the Premises 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing making repairs, alterations or additions to any other portion of said Premises or for the purpose of erecting additional building(s) and improvements on the land where the Premises are situated, or on adjacent land owned by Landlord, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required without any abatement or reduction of Base Monthly Rent or without any liability to prospective purchasers Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned; and mortgagees andTenant shall permit Landlord and his agents, at any time within twelve one hundred eighty (12180) months days prior to the expiration of Expiration Date (or at any time during the Term of this Lease for if Tenant is in default hereunder), to place upon the purpose of showing Premises any "For Sale" or "For Lease" signs and exhibit the same Premises to real estate brokers and prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such tenants at 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-partieshours. Notwithstanding the confidentiality provisions hereinof this Paragraph 27, Landlord may disclose the existence and/or contents of this Lease: (i) as and only shall not enter the Premises without first ▇▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇ (▇▇) ▇ours notice to Tenant of such entry except in the extent required by law; case of emergency, (ii) as necessary to (a) manage its investment shall be accompanied by an employee of Tenant at all times while in the Building or Project or (b) seek appropriate advice from professional advisorsPremises, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary shall comply with Tenant's safety and security procedures applicable to enforce the terms of this LeasePremises, or and (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents unreasonably interfere with Tenant's use of the Lease without the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
Sources: Lease Agreement (Visx Inc)
ENTRY BY LANDLORD. Tenant shall permit 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) Landlord's Agents to enter the Premises at all reasonable business times following not less than 24 hours (and at all other times prior notice, except for emergencies in the event of an emergency): (a) for the purpose of inspecting which case no notice shall be required, to inspect the same or for the purpose and to conduct tests thereon, to post Notices of doing any work required or permitted of Landlord hereunderNonresponsibility and "For Sale" signs, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to interested parties such as prospective purchasers lenders and mortgagees andpurchasers, to make necessary Alterations or repairs, and to discharge Tenant's obligations hereunder when Tenant has failed to do so within a reasonable time after written notice from Landlord. Notwithstanding the foregoing, Landlord and Landlord's Agents may enter the Premises at any reasonable time following not less than 24 hours prior notice within twelve nine (129) months prior to the expiration of the Lease Term, or at any time during the Lease Term of this Lease for hereof if Tenant is in default hereunder, to place upon the purpose of showing Premises ordinary "For Lease" signs and to show the same Premises to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. 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 of Tenant to accompany Landlord in any such inspectionsor Landlord's Agents on the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions of this Lease Landlord shall be kept subject to Tenant's reasonable security requirements and shall not access Tenant's safes or enter into any areas maintained by Tenant for the safety and security of monies, securities, negotiable instruments, confidential by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions hereindocuments or files, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, includingsimilar items, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents of the Lease without the Tenant's prior written consent of Tenant. In the event that Tenant 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 written consent, which may consent shall not unreasonably be withheld withheld, delayed or conditioned, except for emergencies in which case Tenant’s sole and absolute discretion's consent shall not be required. [SIGNATURES ON THE NEXT PAGE] 37Landlord shall use commercially reasonable efforts not to interfere with the conduct of Tenant's business.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant will permit 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) Landlord Parties 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 (a) inspecting the same Premises, (b) maintaining the Project or for any part thereof, (c) making repairs, alterations or additions to any portion of the purpose Project, including the erection and maintenance of doing any work required or permitted of Landlord hereundersuch scaffolding, canopies, fences and may take all such action thereon props as may be necessary required therefor, (d) posting notices of non-responsibility for Alterations or appropriate for any such purpose repairs, (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (be) for the purpose of showing the Premises to prospective purchasers tenants during the last nine (9) months of the Lease Term, (f) exercising and mortgagees andperforming Landlord’s rights and obligations under this Lease, or (g) placing upon the Project, or any 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; provided, however, that Landlord shall use commercially reasonable efforts to minimize interference to Tenant’s business and Tenant’s use of the Premises in connection with any of the foregoing entries. Landlord shall have the right, at any time within twelve the final six (126) months prior to the expiration of the Term of this Lease Term, to place upon the Premises any usual or ordinary “for the purpose of showing the same to prospective tenantslease” signs. No In exercising such entry rights, Landlord shall constitute an eviction endeavor to minimize, as reasonably practicable, the interference with Tenant’s Permitted Use, and shall provide Tenant with 24-hour advance telephonic or electronic mail notice of Tenant, but any such entry shall be done by Landlord (except in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in the event of an emergencyemergency situations, or following if an Event of DefaultDefault exists, or in cases of routine or janitorial service, in which is continuingcases no notice shall be required, and except that with respect to routine maintenance Tenant shall be provided with at least 2 hours advance telephonic or electronic mail notice). Landlord may use any means which Landlord may deem proper to open and obtain entry to the Premises in an emergency. Tenant shall have the right to have a representative accompany present during any entry under this Article 20 except in an emergency, and, except in an emergency, Landlord, its agents, employees, and contractors, are not permitted entry to any restricted area of the Premises (the location of which Landlord in any such inspectionshas been provided prior written notice). 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 disclose the existence and/or contents of this Lease: (i) as and only Any entry to the extent required Premises by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release be construed 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 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, logosdeemed to be forcible or unlawful entry into, or designs in detainer of, the printing, publicationPremises, or distribution an eviction of any advertising, marketing materials, internet web siteTenant from the Premises, or other materials grounds for any abatement or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37reduction of Rent.
Appears in 1 contract
ENTRY BY LANDLORD. 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 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 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, 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 agents 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 enter or pass through the existence and Premises at reasonable times with reasonable prior notice subject to the terms set forth below: (a) to examine the Premises and conditions to show them to actual and prospective lenders, purchasers and lessors, (b) to show prospective lessees of this the Premises during the last 12 months of the 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 Building facilities and equipment as provided for herein. Any entry by Landlord shall be kept confidential by made on reasonable advance notice which notice shall not be less than twenty four (24) hours, except in emergency situations. In exercising its rights under this SECTION 12.2, Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions hereinits agents, Landlord may disclose the existence and/or contents of this Lease: employees and invitees shall (i) as take reasonable measures (without requiring the use of overtime or premium pay labor) to avoid unnecessary interference with ▇▇▇▇▇▇'s use and only to occupancy of the extent required by lawPremises; (ii) as necessary be subject to (a) manage its investment in the Building Tenant's reasonable security regulations or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisorsprocedures; (iii) as necessary take reasonable measures to enforce safeguard all person and property in the terms of this Lease, Premises from any injury or damage and (iv) if the maintain in confidence any information is already learned about Tenant or its agents, employees or invitees. Landlord shall have a matter of public record or generally known pass key to the publicPremises (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, additions and improvements, without any liability to Tenant and without any reduction of Tenant's covenants and obligations, except as otherwise expressly provided under this Lease. In particular, in addition Landlord shall be responsible for any damages caused to ▇▇▇▇▇▇'s property to the foregoing and not extent resulting from any forced entry into the Premises by Landlord or its agents, except as necessary in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents case of an emergency. ▇▇▇▇▇▇▇▇ agrees to provide Tenant with reasonable advance notice of the Lease without need to enter the prior written consent of Tenant. In the event that Premises as referenced above and, upon ▇▇▇▇▇▇'s request, will meet with Tenant gives its consentto agree upon a mutually agreeable schedule for such entry, Tenant shall have full approval rights over the timingincluding, content and method of such public disclosures. Landlord agrees that neither Landlord nor any related entity shall use Tenant’s trade namewhen feasible, trademarks, logos, or designs in the printing, publication, or distribution of any advertising, marketing materials, internet web site, or scheduling entry times during other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37than regular business hours.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon prior reasonable notice to Tenant of no less than twenty–four (which 24) hours (except no such prior notice shall be not less than two (2) business days except required in the case of emergencyemergencies) to enter the Premises at all reasonable business hours (provided Landlord is accompanied by a representative of Tenant and at all other times does not enter the Restricted Areas, except in the event of an emergency): ) to: (ai) 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 inspect them; (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (bii) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor ground or underlying lessors, at any time within or, during the last twelve (12) months prior of the Lease Term, prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, 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 improvements to the expiration Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the 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 of the Term Landlord, (B) take possession due to any breach of this Lease for in the purpose manner provided herein; and (C) perform any covenants of showing Tenant which Tenant fails to perform. Any such entries shall be without the same abatement of Rent and shall include the right to prospective tenants. No take such entry shall constitute an eviction of Tenantreasonable steps as required to accomplish the stated purposes; provided, but however, that any such entry shall be done by Landlord accomplished as expeditiously as reasonably possible and in such reasonable a manner so as to minimize cause as little interference to Tenant as reasonably possible. Tenant hereby waives any disruption of claims for damages or for any injuries or inconvenience to or interference with Tenant’s business operationbusiness, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. Except For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the event of Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant (“Restricted Areas”). In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany 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 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 manner hereinbefore described shall not be kept confidential by Landlord and not disclosed deemed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building be a forcible or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leaseunlawful entry into, or (iv) if a detainer of, the information is already a matter Premises, or an actual or constructive eviction of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents Tenant from any portion of the Lease without the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
Sources: Office Lease (Accelrys, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice (which shall be not less than two one (21) business days days’ notice to Tenant (except in the case of an emergency) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); (iv) to the extent permitted or required by express provisions of this Lease, to alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment, or (v) exercise its rights under Article 26 of this Lease, above. No such entry shall constitute an eviction of Tenant, but Landlord may make any such entry shall be done by Landlord entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable manner steps as required to minimize any disruption of Tenant’s business operationaccomplish the stated purposes. Except in the event of an emergency, or following Landlord shall employ commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises. In an Event of Defaultemergency, which is continuing, Tenant Landlord shall have the right to have a representative accompany use any means that Landlord may deem proper to open the doors in and to the Premises. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. 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 such inspectionsportion of the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions No provision of this Lease shall be kept confidential construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
Sources: Lease (BioAtla, Inc.)
ENTRY BY LANDLORD. Tenant shall, upon notice as provided herein, permit 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) Landlord's agents to enter the Premises at all reasonable business hours (and at all other times in for any of the event of an emergency): following purposes: (a) for to inspect the purpose Premises, (b) to supply any services or to perform any maintenance obligations of inspecting Landlord, including the same or for the purpose erection and maintenance of doing any work required or permitted of Landlord hereundersuch scaffolding, canopies, fences, and may take all such action thereon props as may be necessary or appropriate for any such purpose required, (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord c) to make repairs to the Common Facilities or systems within the responsibilities of Landlord, including the heating, ventilation, air conditioning or plumbing systems, to correct, repair or bring into legal compliance any such inspection fire or do any such work)other life safety systems of the Premises, and to repair or replace any broken glass or glazing., (bd) to post notices of nonresponsibility, (e) to place any usual or ordinary "for the purpose of showing the Premises to prospective purchasers and mortgagees andsale" signs, at any time or (f) within twelve six (126) months prior to the expiration of the Term of this Lease Lease, to place any usual or ordinary "for the purpose of showing the same to prospective tenantslease" signs. No Except as provided in Article 16, no such entry shall constitute an eviction result in any rebate of Tenant, but rent or any such liability to Tenant for any loss of occupation or quiet enjoyment of the Premises. Landlord shall give at least 24 hours notice to Tenant prior to any entry shall be done by Landlord except in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in the event of an emergency, including correcting or following removing any dangerous or hazardous condition, or unless Tenant consents at the time of entry. After not less than twenty-four (24) hours notice, if Tenant is not personally present to open and permit an Event entry into the Premises, at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of Defaultthis Lease. Nothing herein contained, which is continuinghowever, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the Premises or any part thereof, except as otherwise specifically provided herein. Any entry for Premises improvements, replacements, remodeling or additions shall be at times and upon conditions reasonably acceptable to Tenant and consistent with its quiet enjoyment, not to be unreasonably withheld or delayed, provided Tenant shall have the right a reasonable opportunity to have a representative accompany Landlord in any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence review plans and the terms and conditions of this Lease shall be kept confidential by Landlord and not disclosed specifications for same prior to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37acceptance.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall have the right upon at all reasonable times and with reasonable advance written notice (which shall be not less than two (2) business days at least 24 hours, except in the case of emergencyan "EMERGENCY", which for purposes of this Lease means situations in which there is an imminent threat to persons and/or property within the Buildings) to Tenant's designated representative who shall initially be Tenant's Director of Corporate Facilities, Jon ▇. ▇▇▇▇▇▇▇, ▇▇ve the right to enter the Premises at all reasonable business hours (and at all other times in to inspect 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 hereundersame, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing exhibit the Premises to prospective lenders or purchasers and mortgagees and, at any time within twelve (12or during the last six (6) months prior to the expiration of the initial Term or first Option Period (unless Tenant has exercised its upcoming Option to Extend pursuant to Section 2.3 above) or during the last nine (9) months of this Lease for the purpose of showing the same second (2nd) Option Period, to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises as contemplated by Section 11.2, all without being deemed guilty of or liable for any breach of Landlord's covenant of quiet enjoyment or any eviction of Tenant, but and without abatement of rent. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and shall provide Tenant with reasonable advance written notice of such entry (except in emergency situations). Landlord shall have the means which Landlord may deem reasonably proper to open Tenant's doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means in an emergency 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 of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry shall be done by Landlord in such reasonable manner as except, subject to minimize any disruption the provisions of Tenant’s business operation. Except in the event of an emergencySections 21.1 and 23, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; of Landlord's negligence or willful misconduct, in which case Landlord's liability (iiif any) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known shall be limited to the public. In particular, in addition extent such damages or losses are not covered by insurance carried by Tenant or required to the foregoing and not in limitation, Landlord shall 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 be carried by Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37hereunder.
Appears in 1 contract
ENTRY BY LANDLORD. Subject to Landlord's agreement to minimize any disturbance of Tenant's use of the Premises by exercise of the following rights, Landlord reserves and its authorized representatives shall at any and all times have the right (upon reasonable advance notice ([which shall may be not less than two (2) business days telephonic] except in the case of emergency) to enter the Premises at all reasonable business hours (to inspect the same, to supply janitor service and at all any 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 service to be ,provided by Landlord to Tenant 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing the submit said Premises to prospective purchasers and mortgagees and, at any time within twelve or tenants during the final eighteen (1218) months prior to the expiration of the Term of this Lease for the purpose of showing the same to prospective tenants. No (accompanied, in such entry shall constitute an eviction event, by a representative of Tenant, but provided Tenant in good faith uses reasonable efforts to cooperate with the scheduling of any such entry entry), to post notices of nonresponsibility, to alter, improve or repair the Building as provided above, and without being deemed guilty of any eviction of Tenant and, except as set forth below, without abatement of rent, and may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be done by Landlord in such reasonable manner interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages for any inconvenience to minimize or interference with Tenant's business, any disruption loss of Tenant’s business operation. Except occupancy (other than in the case of the loss of use of a material portion of the Premises (i.e., 2,000 Rentable Square Feet or more) for a period in excess of five (5) business days following notice from Tenant to Landlord of such loss of use, in which event of an emergency, or following an Event of Default, which is continuing, Tenant shall have the right to have a representative accompany Landlord abatement rights described in any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that Paragraph 15(a) below) or quiet enjoyment of 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lendersPremises, and financial advisors; (iii) as necessary to enforce any other loss occasioned thereby. For each of the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitationaforesaid purposes, Landlord shall not issue at all times have and retain a press release or other public announcement concerning the existence and/or contents key with which to unlock all of the Lease without doors in, upon and about the prior written consent Premises, excluding Tenant's vaults and safes and other secured areas, and Landlord shall have the means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord in good faith 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 of Tenant from the Premises or any portion thereof, and any damages caused on account thereof shall be paid by Tenant. Landlord hereby agrees to use its best good faith efforts in the exercise of its rights under this Paragraph 14 to minimize any disturbance of Tenant. In 's use and possession of the event that Premises and to provide as much notice to Tenant 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 written consent, which as may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37reasonably possible prior to any such exercise of Landlord's rights under this Paragraph 14.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times and upon reasonable notice (which shall be not less than two (2) business days except in the case of emergency) to advance notice, enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): to (a) for the purpose of inspecting reasonable cause, inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders or purchasers and mortgagees and, at any time within twelve during the final fifteen (1215) months prior to the expiration of the Term of this Lease for the purpose of showing the same term, to prospective tenants, (d) post notices of non-responsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. No In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by Landlord in such reasonable manner as to minimize any disruption not constitute a forcible or unlawful entry into the Premises, a detainer of Tenant’s business operation. Except in the event of an emergencyPremises, or following an Event eviction of Default, which is continuing, Tenant shall have from 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this LeasePremises, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
Sources: Office Lease (Zscaler, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right may, upon reasonable 24 hours notice (which shall be not less than two (2) business days to Tenant, 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): to (a) for the purpose of inspecting inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants, (d) post notices of non-responsibility, and mortgagees and(e) alter, at improve or repair the Premises or any time within twelve (12) months prior to the expiration portion of the Term of this Lease Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the purpose work to be performed. In no event shall Tenant's rent abat▇ ▇▇ a result of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry or work; provided, however, that all such work shall be done by Landlord in such reasonable a manner as to minimize any disruption of Tenant’s business operationcause as little interference to Tenant as reasonably possible. Except in the event of an emergency, Landlord's gross negligence 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitationwillful misconduct, Landlord shall not issue a press release be liable in any manner for any inconvenience, loss of business or other public announcement concerning damage to Tenant or other persons arising out of Landlord's entry on the existence and/or contents Premises as provided in this Section 23. Landlord shall at all times retain a key with which to unlock all of the Lease without doors in the prior written consent Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of Tenant. In the event that Tenant 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, logosPremises, or designs in an eviction of Tenant from the printing, publicationPremises, or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
Sources: Lease Agreement (Xybernaut Corp)
ENTRY BY LANDLORD. 13.1 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 times during normal business hours (and at all other times any time in the event case of an emergency): emergency (ai) for to determine whether the purpose of inspecting the same Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to maintain 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 the part of Landlord to make any such inspection repair or do restoration to the Building that Landlord has the right or obligation to perform, (iii) to install any such work)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 (b3) for months of the purpose of showing term or during any period while Tenant is in default, (vi) to show the Premises to prospective purchasers brokers, agents, buyers, tenants, or persons interested in an exchange, (vii) to shore the foundations, footings, and mortgagees and, at any time within twelve (12) months prior to the expiration ▇▇▇▇▇ of the Term of this Lease 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 thing necessary for the purpose safety or preservation of showing the same Premises or the Building. Landlord shall have the right at all times to prospective tenants. No such entry shall constitute an eviction of have and retain a key with which to unlock all doors in, upon and about the Premises excluding Tenant's vaults and safes, but any such entry shall be done by and 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 use any and all means which Landlord may 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 be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any such inspectionsportion thereof. 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required caused by law; (ii) as necessary the negligence or willful misconduct of Landlord, Tenant hereby waives any claim for damages for any injury or inconvenience to (a) manage or interference with Tenant's business and any loss of occupancy or quiet enjoyment of the Premises by reason of Landlord's exercise of its investment rights of entry in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of accordance with this Lease, or (iv) if the information is already a matter of public record or generally known to the publicArticle 13. In particular, in addition to the foregoing and not in limitation, Landlord Tenant shall not issue a press release be entitled to an abatement or other public announcement concerning the existence and/or contents reduction of the Lease without the prior written consent of Tenant. In the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content and method of Rent or Expenses in connection with any 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37entry.
Appears in 1 contract
Sources: Office Lease (Doubletwist Inc)
ENTRY BY LANDLORD. Subject to Tenant’s reasonable security and confidentiality requirements, Landlord reserves and its authorized representatives shall at any and all reasonable times with reasonable notice of not less than one (1) business day except in cases of emergency, 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 to inspect 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 hereundersame, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within twelve lenders, investors or, during the last six (126) months prior to the expiration of the Term Term, tenants, to post notices of non-responsibility, to alter, improve or repair the Premises or any other portion of the Building and/or the Parking Facilities as required or permitted by this Lease for the purpose and as provided in Section 2(e) above, all without being deemed guilty of showing the same to prospective tenants. No such entry shall constitute an any eviction of TenantTenant and without abatement of Rent, but except as otherwise provided herein. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required, provided that, except for emergencies, any such entry shall be done and/or work performed by Landlord in such reasonable the Premises or the Project shall be performed in a reasonably practicable manner so as not to minimize any disruption of unreasonably interfere with Tenant’s business operationuse of the Premises or the remainder of the Project and shall be performed after Building Hours if reasonably practicable. Except as otherwise set forth in Section 24(h), Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, for any loss of occupancy or quiet enjoyment of the Premises and for any other loss in, upon and about the Premises on account of Landlord's entry or work permitted by this Section or by Section 2(e) above. For the above purposes, Landlord shall at all times have and retain a key with which to unlock all doors in the event Premises, excluding Tenant's vaults and safes and special security or restricted areas designated in advance by Tenant and Landlord shall have no right to enter such areas without Tenant’s prior written consent except in cases of an emergency, or following an Event of Default, which is continuing, Tenant . Landlord shall have the right to have a representative accompany Landlord in use 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, all means which Landlord may disclose the existence and/or contents of this Lease: (i) as and only deem proper to open said doors in an emergency in order to obtain entry to the extent required Premises. Any entry to the Premises obtained by law; (ii) as necessary Landlord, shall not be construed or deemed to (a) manage its investment in be a forcible or unlawful entry into the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this LeasePremises, or (iv) if an eviction of Tenant from the information is already a matter of public record Premises or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
Sources: Office Building Lease (GLAUKOS Corp)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice (which shall be not less than two one (21) business days day’s prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term and accompanied by a representative of Tenant (provided that Tenant makes a representative available for the same), to prospective tenants; (iii) post notices of non-responsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. 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 make any such entries without the abatement of Rent, except as otherwise expressly provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, address, number or designation by which the Premises is commonly known, provided any such change does not (A) unreasonably reduce, interfere with or deprive Tenant of access to the Premises or otherwise materially interfere with Tenant’s use and enjoyment of the Premises, or (B) reduce the usable area of the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Tenant shall, at all reasonable business hours 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 (and at all other times the “Future Shaft Areas”) shall be treated as Common Areas. Tenant shall not make any Alterations in the event Future Shaft Areas and shall remove any of an emergency): (a) 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 inspecting moving large items into the same or for 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 purpose Premises in the exercise 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 Landlord’s rights under this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)paragraph, and (b) subject to the provisions Section 10.5 above, shall be fully liable for the purpose of showing any damage done to the Premises to prospective purchasers and mortgagees and, at any time within twelve (12) months prior to and/or Tenant’s property located in the expiration Premises in connection with such use 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, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lendersPremises, and financial advisors; (iii) as necessary to enforce the terms of this Lease, shall indemnify and hold Tenant harmless from and against any claims for personal injury or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents property damage that result from Landlord’s use of the Lease without the prior written consent of Tenant. In the event that Tenant 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 Premises as set forth in the printing, publication, or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37this paragraph).
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have may enter the right Premises at ------------------ reasonable hours upon reasonable prior telephonic notice to the Chief Financial Officer at (which shall be not less than two ▇▇▇) ▇▇▇-▇▇▇▇ or other notice in accordance with Paragraph 3.4 (2) business days except in the case of an emergency) to enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): (a) for inspect 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 the part of Landlord to make any such inspection or do any such work), and same; (b) for exhibit the purpose of showing same to prospective purchasers, lenders or tenants, provided, however, that Landlord shall only exhibit the Premises to prospective purchasers and mortgagees and, at any time within twelve tenants during the final ninety (1290) months prior to the expiration days of Tenant's occupancy of the Term Premises; (c) make repairs or perform maintenance required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building; (d) supply janitor service and any other service to be provided by Landlord to Tenant under this Lease for the purpose Lease; and (e) post notices of showing the same to prospective tenants. No non-responsibility, provided, however, that all such entry shall constitute an eviction of Tenant, but any such entry work shall be done by Landlord in such reasonable manner as promptly as reasonably practical and so as to minimize cause as little interference to Tenant as reasonably practical. Landlord shall have no duty beyond dialing the telephone number listed above (and leaving a voicemail message if such a service answers the call) and Landlord shall have no obligation to take any disruption of Tenant’s business operation. Except in further action if there is no answer at the event of an emergencytelephone number listed above or if such number (or voicemail service) is not functioning properly, or following an Event to confirm that Tenant's chief financial officer or any other person may be reached at such telephone number. Tenant hereby waives any claim for damages for any inconvenience to or interference with Tenant's business or any loss of Defaultoccupancy or quiet enjoyment of the Premises occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, which is continuingon or about the Premises (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance); and Landlord shall have the right to have a representative accompany use any and all means which Landlord may deem proper to open Tenant's doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord in an emergency shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or construction, of Tenant from the Premises or any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence portion thereof 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue have liability to Tenant as 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37result thereof.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit 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) Landlord’s Agents to enter the Premises at all reasonable business times, upon reasonable notice of at least twenty-four (24) hours (and at all other times except in the event case of an emergency): (a) , for which no notice shall be required), and subject to Tenant’s reasonable security arrangements, 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 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 andpurchasers, at any time within twelve lenders or tenants (12provided that Landlord can only show the Premises to perspective tenants during the last nine (9) months prior to the expiration of the Term Term) or to provide services, 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 this Lease Rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the purpose Premises thereby occasioned (except for actual damages resulting from the sole active gross negligence or willful misconduct of showing Landlord); and Tenant shall permit Landlord to post notices of non-responsibility and “for sale” or “for lease” signs, except that Landlord may only post “for lease” signs at the same to prospective tenantsPremises during the last nine (9) months of the Term. No such entry shall constitute be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of TenantTenant from the Premises. Landlord may temporarily close entrances, but any doors, corridors, elevators or other facilities without liability to Tenant by reason of such entry closure in the case of an emergency and when Landlord otherwise deems such closure necessary. Landlord shall be done by Landlord in such use commercially reasonable manner as efforts while entering the Premises pursuant to this Paragraph 20 to minimize any disruption of interference with 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents use of the Lease without the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
ENTRY BY LANDLORD. 22.01 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 may enter the Premises at all reasonable business hours (times and at all other times with reasonable notice except in the event case of an emergency): (a) for emergency to: inspect 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 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 to the expiration of the Term of this Lease for the purpose of showing same; exhibit the same to prospective purchasers, Mortgagees or tenants. No ; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such entry shall constitute an eviction of Tenant, but any such entry work shall be done by Landlord in such reasonable manner as promptly as reasonably possible and so as to minimize cause as little interference to Tenant as reasonably possible. Tenant hereby waives any disruption of Tenant’s business operation. Except in the event of an emergencyclaim for damages for any injury or inconvenience to, or following an Event interference with, Tenant's business, any loss of Defaultoccupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. As provided for in clause (xii) of Section 28.19 of this Lease, Landlord shall at all times have the right, but not the obligation, to obtain from Tenant 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 by Tenant in writing in advance), and if such key is continuingnot provided, Tenant Landlord shall have the right to have a representative accompany use any and all means by which Landlord in may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leasemeans, or (iv) if otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the information is already a matter Premises or an eviction, actual or constructive, of public record or generally known to Tenant from any part of the publicPremises. In particular, in addition to the foregoing and not in limitation, Such entry by Landlord shall not issue act as a press release or other public announcement concerning the existence and/or contents of the Lease without the prior written consent termination of Tenant's duties under this Lease. In If Landlord shall be required to obtain entry by means other than a key provided by Tenant, the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content and method cost of such public disclosures. entry shall by payable by Tenant to 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37as additional rent.
Appears in 1 contract
Sources: Industrial Lease (Brightpoint Inc)
ENTRY BY LANDLORD. (a) Subject to the terms of this Section 24.2(a), Landlord and its authorized representatives shall Affiliates at all times have the right upon to enter the Premises, and Landlord will retain (or be given by Tenant) keys to unlock all the doors to or within the Premises, excluding doors to Tenant’s vaults and files and Tenant’s limited high-security areas. Landlord in good faith will attempt to give Tenant oral or written notice at least one (1) day prior to entering the Premises and will use commercially reasonable efforts to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances. But, Landlord need not give notice (which shall be not less than two (2) business days except in and will have the case of emergency) right to use any means necessary to enter the Premises at all reasonable business hours (and at all other times in if Landlord believes there is an emergency or that entry is necessary to prevent damage or injury or protect health, safety or property, although Landlord still will attempt to avoid disturbing or interfering with 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 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 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, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption conduct of Tenant’s business operationby such entry more than is reasonably necessary under these circumstances (although Tenant acknowledges that emergency situations may result in material interference). Except in Entry to 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 Premises and the terms exercise of Landlord’s rights will not, under any circumstances, be deemed to be a default, a forcible or unlawful entry into or a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof, nor will it subject Landlord to any Liabilities or entitle Tenant to any compensation, abatement of rent or other rights and conditions of this Lease shall be kept confidential by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or remedies.
(b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Intentionally Omitted]
Appears in 1 contract
Sources: Lease (Transmedics Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable at least twenty-four (24) hours’ written or oral notice (which shall be not less than two (2) business days except in the case of emergency) to Tenant to enter the Premises at all reasonable business hours to: (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andor mortgagees, at any time within twelve or to the ground or underlying lessors; (12iii) during the last six (6) months prior to the expiration of the Term of this Lease for Term, to show the purpose of showing the same Premises to prospective tenants; (iv) to post notices of nonresponsibility; or (v) alter, 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 improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. No such entry shall constitute an eviction of Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, but in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Except to the extent expressly set forth to the contrary in this Lease, 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. During any such entry by Landlord, Landlord shall be done by Landlord in such use commercially reasonable manner as efforts to minimize any disruption of interference with Tenant’s business operation. Except operations in the event Premises. Tenant hereby waives any claims for damages or for any injuries occasioned by such entry, except to the extent caused by the gross negligence or willful misconduct of Landlord. Tenant further waives any claims for damages for interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany enter without notice and use any means that Landlord may deem proper to open the doors in any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise and to the Premises (provided herein, it is agreed that the existence and the terms and conditions of this Lease Landlord shall be kept confidential by Landlord and not disclosed liable for any damage to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents Premises or any personal property of this Lease: (i) as and only Tenant located therein to the extent required caused by law; (ii) as necessary to (a) manage its investment the gross negligence or willful misconduct of Landlord). Any entry into the Premises in the Building manner hereinbefore described shall not be deemed to be a forcible or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leaseunlawful entry into, or (iv) if a detainer of, the information is already a matter Premises, or an actual or constructive eviction of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents Tenant from any portion of the Lease without the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
Sources: Office Lease (Intervoice Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable twenty-four (24) hours prior written notice to Tenant (which shall be not less than two (2) business days or oral notice to Tenant’s office manager), except in the case of emergency) an Emergency in which case no notice shall be required, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of non-responsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building Systems. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time to (A) perform standard services required of 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, except for emergencies, any such entry shall be performed in an expeditious manner so as not to unreasonably interfere with Tenant’s use of the Premises. 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 reasonable business hours (times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and at all other times 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 emergency): Emergency. Landlord shall only maintain or repair such secured areas to the extent (ai) for such repair or maintenance is required in order to maintain and repair the purpose of inspecting the same Base Building; (ii) as required by applicable Laws, or for the purpose of doing any work required or permitted of Landlord hereunder(iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, 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 the part of Landlord subject to make any such inspection or do any such work), and (b) for the purpose of showing Landlord’s reasonable approval. Any entry into the Premises to prospective purchasers and mortgagees and, at any time within twelve (12) months prior 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, but any such entry shall be done by Landlord in such reasonable the manner as hereinbefore described shall not be deemed to minimize any disruption of Tenant’s business operation. Except in the event of an emergencybe a forcible or unlawful entry into, or following a detainer of, the Premises, or an Event actual or constructive eviction of Default, which is continuing, Tenant shall have from any portion of the right to have a representative accompany Landlord in any such inspectionsPremises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions No provision of this Lease shall be kept confidential construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
Sources: Office Lease (GoodRx Holdings, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall have the right upon at all reasonable times following prior notice to Tenant (which shall be not less than two (2) business days notice, except in the case of emergencyemergencies and except with respect to ordinary services to be provided by Landlord within the Premises, shall be no less than twenty-four (24) hours prior notice), have the right to enter the Premises at all reasonable business hours (and at all other times in to inspect 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 hereundersame, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing exhibit the Premises to prospective lenders or purchasers and mortgagees and, at any time within (or during the last twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same Term, to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises as contemplated by Section 11.2 in the event Tenant fails to perform its obligations under Section 11.1, all without being deemed guilty of or liable for any breach of Landlord's covenant of quiet enjoyment or any eviction of Tenant, but and without abatement of rent. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and shall provide Tenant with reasonable advance written notice of such entry (except in emergency situations). Landlord shall have the means which Landlord may deem proper to open Tenant's doors in an emergency in order to obtain entry to the Premises. Any such entry (in accordance with the terms hereof) 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 of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry shall be done by Landlord in such reasonable manner as except, subject to minimize any disruption the provisions of Tenant’s business operationSections 21.1 and 23, to the extent of Landlord's gross negligence or willful misconduct. Except for services (if any) required to be provided by Landlord to the Premises under this Lease and except in the event case of an emergencyemergencies, or following an Event of Default, which is continuing, Tenant shall have the right to have Landlord's entry rights are conditioned upon 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 disclose the existence and/or contents of this Lease: Tenant (i) as and but only to the extent required by law; (iia representative is available) as necessary to (a) manage its investment in accompanying Landlord during any other entry into the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
Sources: Single Tenant Industrial Lease (Alliance Pharmaceutical Corp)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right right, upon reasonable 24 hours’ prior notice to Tenant (which except no such notice shall be not less than two (2) business days except required in the case of emergency) ), to enter the Premises at all reasonable business hours to: (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor, at any time within during the last twelve (12) months prior of the Lease Term, prospective tenants, or to the expiration ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, 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 improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. 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. 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 Term Premises, and any other loss occasioned thereby. For each of this Lease for the purpose of showing above purposes, Landlord shall at all times have a key with which to unlock all the same to prospective tenants. No such entry shall constitute an eviction of Tenantdoors in the Premises, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of excluding Tenant’s business operationvaults, safes and special security areas designated in advance by Tenant. Except in the event of In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the manner hereinbefore described shall not be deemed to be a representative accompany 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. Notwithstanding anything to the contrary in this Article 22 to the contrary, (A) Landlord agrees to use commercially reasonable efforts (except in an emergency) to minimize interference with Tenant’s business in the Premises in the course of any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions of entry permitted under this Lease shall be kept confidential by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lendersArticle 22, and financial advisors; (iiiB) as necessary absent an emergency, or Landlord’s entry to enforce the terms of perform its obligations under this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 use commercially reasonable efforts to schedule any related entity shall use Tenant’s trade name, trademarks, logos, or designs construction work to be performed in the printing, publication, or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld Premises after the business hours set forth in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Section 6.1.1 above.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice (which shall be not less than two one (21) business days day’s prior notice to Tenant which may be given by telephone or electronic mail (except in the case of emergencyan emergency or with respect to regularly scheduled services) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. No such entry Landlord shall constitute an eviction comply with reasonable and nondiscriminatory requirements of Tenant, but Tenant during any such entry shall be done by into the Premises intended in good faith to protect Tenant’s work, business activities and proprietary information. Provided that Landlord in such employs commercially reasonable manner as efforts to so comply and to minimize any disruption interference with the conduct -42- 176640186.8 373606-000050 of Tenant’s business operationin connection 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. Except in the event of In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to use any reasonable means to open the doors in and to the Premises. Landlord also shall have a representative accompany Landlord in 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 inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinchange does not (A) unreasonably reduce, it is agreed that interfere with or deprive Tenant of access to or use of 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this LeasePremises, or (ivB) reduce the rentable area (except by a de minimis amount) of the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, 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 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 information is already a matter of public record circumstances to Tenant’s Property, and 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 generally known other means necessary to access the Premises. Landlord further reserves the right to the publicareas 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. In particularUpon the giving of such notice, in addition to the foregoing and not in limitation, Landlord designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be treated as Common Areas. Tenant shall not issue a press release or other public announcement concerning make any Alterations in the existence and/or contents of the Lease without the prior written consent Future Shaft Areas and shall remove any of Tenant. In ’s property from the event that Tenant 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 same upon reasonable prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37notice from Landlord.
Appears in 1 contract
Sources: Lease (Organovo Holdings, Inc.)
ENTRY BY LANDLORD. Landlord Landlord, and its duly authorized representatives shall have the right representatives, shall, upon reasonable prior notice (which shall be not less than two (2) business days except in the case of emergency) , where no such notice shall be required), have the right to enter the Premises at all reasonable business hours times (and at all other times any time in the event case of an emergency): (a) for the purpose purposes of inspecting the condition of same and making such repairs, alterations, additions or for the purpose of doing any work required or permitted of Landlord hereunder, and may take all such action thereon improvements thereto as may be necessary or appropriate for any such purpose if Tenant fails to do so as required hereunder (but nothing contained in this Lease or otherwise Landlord shall create or imply any have no duty upon the part of Landlord whatsoever to make any such inspection inspections, repairs, alterations, additions or do any such workimprovements except as otherwise provided in Sections 4.4, 7.1 and 7.2 and Exhibit B), and to show the Premises to prospective tenants during the twenty-four (b24) for months preceding expiration of the purpose term of showing this Lease as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective purchasers and mortgagees and, at any time within twelve (12) months prior mortgagees. If Landlord’s access to the expiration of the Term of Premises for any purposes permitted under this Lease requires Landlord to access or work in any controlled or restricted areas within the Premises, then, except in case of emergency, Landlord must be accompanied by a Tenant representative (Tenant hereby agreeing to make a representative available during mutually convenient times for such purposes). To the purpose extent possible under the circumstances, Landlord shall schedule non-emergency access to and repairs and maintenance within the Premises outside of showing normal business hours. In connection with all repairs and maintenance performed by Landlord within the same Premises pursuant to prospective tenantsthis Section 16.19, Landlord shall use commercially reasonable efforts to assure the safety of all persons affected thereby. No such entry shall constitute In the event Tenant sends a notice alleging an eviction emergency with respect to the existence of Tenanta dangerous or unsafe condition, but any such entry requirements for prior notice or limitations on Landlord’s access to the Premises contained in this Lease shall be done deemed waived by Tenant so that Landlord may immediately exercise its rights under this Section 16.19 and Section 16.17 in such reasonable manner as Landlord deems necessary in its sole discretion to minimize any disruption of Tenant’s business operationremedy such dangerous or unsafe condition. Except in the event of an emergency, or following an Event Landlord shall use commercially reasonable efforts to minimize any interference with ▇▇▇▇▇▇’s operations and use and occupancy of Defaultthe Premises in connection with the exercise of any of the foregoing rights under this Section 16.19, which is continuing, Tenant shall have consistent with the right to have a representative accompany Landlord in any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that nature of the existence and the terms and conditions of this Lease shall be kept confidential activities being undertaken by Landlord and not disclosed to third-partieshereunder. Notwithstanding Landlord shall comply with all Legal Requirements in connection with the confidentiality provisions herein, Landlord may disclose the existence and/or contents exercise of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms any of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37rights.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord 18.1 At all reasonable times and its authorized representatives shall have the right upon reasonable 24 hours prior notice to Tenant, (which provided that no such notice shall be not less than two (2) business days except required in the case cases of an emergency) to ), Landlord may enter the Premises at all reasonable business hours to (and at all other times in i) inspect the event of an emergency): Premises; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within twelve (12) current or prospective Security Holders or insurers, or, during the last 12 months prior to the expiration of the Term of this Lease for the purpose of showing the same to (or while an uncured Default exists), prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms post notices of this Lease, 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. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the information is already 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 matter constructive eviction, or excuse Tenant from any obligation hereunder.
18.2 Tenant, at its expense, may provide its own locks to an area within the Premises (“Secured Area”) containing not more than 10% of public record the total rentable square feet. Upon the expiration or generally known earlier termination of this Lease or Tenant’s right to possession, Tenant shall surrender to Landlord all keys to the publicSecured Area. In particular, Other than in addition to the foregoing and not in limitationan emergency, Landlord shall not issue a press release or other public announcement concerning enter the existence and/or contents of the Lease Secured Area without the prior written consent of Tenant. In the event that Tenant 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 written consent, which shall not be unreasonably withheld. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines, in its sole discretion, that an emergency requires that Landlord enter the Secured Area, then (a) Landlord may be withheld forcibly enter the Secured Area; (b) Landlord shall have no liability to Tenant with respect to such entry; and (c) Tenant shall pay all reasonable expenses incurred by Landlord in Tenant’s sole and absolute discretionrepairing any damage to the Premises resulting from such entry. [SIGNATURES ON THE NEXT PAGE] 37Notwithstanding any contrary provision hereof, Landlord shall have no obligation to provide janitorial service in the Secured Area.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord At all reasonable times and its authorized representatives shall have the right upon reasonable prior written notice (which shall be not less than two (2) business days except to Tenant, or in the case of an emergency) to , Landlord may enter the Premises at all reasonable business hours 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 at all without notice to Tenant, Landlord may enter the Premises to perform janitorial or other times required services. 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 event of Premises. Except in an emergency): , Landlord shall use reasonable efforts (except Landlord shall not be obligated to pay overtime rates for which ▇▇▇▇▇▇ does not agree to reimburse Landlord) to minimize interference with ▇▇▇▇▇▇’s use of the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 17 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding anything to the contrary contained in this Lease, if a closure of (or restriction of access to) a portion of the Premises by Landlord pursuant to this Section 17 (a) for the purpose is not made necessary by a Casualty, a Taking, a Tenant Default or an Act 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 the part of Landlord to make any such inspection or do any such work)Tenant, and (b) either (i) is made necessary by an event or condition within Landlord’s reasonable control and continues for the purpose more than five (5) consecutive business days, or (ii) is made necessary by an event or condition outside Landlord’s reasonable control and continues for more than twenty (20) consecutive days, then, as ▇▇▇▇▇▇’s sole remedy for such closure, Rent shall ▇▇▇▇▇ for such portion of showing the Premises to prospective purchasers and mortgagees and, at any time within twelve (12) months prior to beginning on the first business day immediately following 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 Tenant5-business day or 20-day period, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lendersapplicable, and financial advisors; (iii) as necessary to enforce ending on the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 gives its consent, Tenant shall have full approval rights over the timing, content and method of date on which 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37closure terminates.
Appears in 1 contract
Sources: Office Lease (Rallybio Corp)
ENTRY BY LANDLORD. Upon prior notice to Tenant and subject to Tenant's reasonable security regulations, Tenant shall permit Landlord 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) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non-responsibility for any construction, alteration or repair thereof, as required or permitted by any law, and (vi) 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 two hundred seventy (270) 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 authorized representatives agents: (i) shall have not enter the right upon reasonable Premises without first giving twenty-four (24) hours notice (which shall be not less than two (2) business days to Tenant of such entry except in the case of emergency, (ii) to enter the Premises shall be accompanied by an employee of Tenant at all reasonable business hours (and at all other times while in the event of an emergency): Premises, (aiii) for shall comply with Tenant's security procedures applicable to 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 the part of Landlord to make any such inspection or do any such work)Premises, and (biv) for the purpose of showing the Premises to prospective purchasers and mortgagees and, at any time within twelve (12) months prior to the expiration shall not unreasonably interfere with Tenant's use 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, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord Landlord, and its Landlord's authorized representatives agents and employees, reserves and 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 any time and from time to time to inspect the same to determine whether Tenant is complying with its obligations hereunder; to supply any service to be provided by Landlord hereunder; to supply janitorial service and any other routine service to be provided by Landlord to Tenant hereunder; during normal Building Hours and upon reasonable advance notice to Tenant, to exhibit the Premises to prospective purchasers and mortgagees, or (during the last one hundred eighty (180) days of the Term) to prospective tenants; to post notices of nonresponsibility; and to alter, improve or repair the Premises and any portion of the Building and Project, without abatement of rent, in which case Landlord may erect scaffolding and other necessary structures that are reasonably required by the character of the work to be performed by Landlord, provided that the business hours of Tenant shall not be interfered with unreasonably. Except as otherwise specifically provided in this Lease or in the case of (i) emergency, (ii) regular janitorial and routine service, or (iii) circumstances governed by Section X.A. above requiring electrical interruption, Landlord agrees to provide Tenant or Tenant's facility manager previously identified to Landlord with reasonable advance notice of its intention to enter the Premises for any purpose permitted hereunder, and to use reasonable efforts to coordinate any major service and major repair projects in such a manner as to minimize disruption of Tenant's business operations; provided, however, that Landlord shall not be required to give Tenant any greater notice of any inspections or entry requested by any governmental representative or other third party entitled to such access than Landlord receives and can reasonably provide to Tenant. In order to enter the Premises for each of the aforesaid purposes, Landlord shall at all other times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes. Further, Landlord shall have the right to use any and all means which Landlord may deem proper to open such doors, and shall have the right to enter the Premises at any time and without prior notice, in the event of an emergency): (a) for . To the purpose of inspecting extent Tenant is required to do so by any third parties, Tenant may reasonably designate, in writing, certain areas within the same Premises as "security areas," and Landlord agrees that it shall not take contractors or for the purpose of doing any work required prospective purchasers, tenants or permitted of Landlord hereunder, and may take all such action thereon as may be necessary or appropriate for mortgagees into any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon 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 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 "security areas" without being accompanied by a representative of Tenant; provided, 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 emergencyhowever, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 gives its consent, Tenant employees shall have full approval rights over access to such "security areas" at all times. Any entry to the timing, content and method Premises or portions thereof obtained by Landlord by any of such public disclosures. Landlord agrees that neither Landlord nor any related entity shall use Tenant’s trade name, trademarks, logossaid means, or designs in the printingotherwise, publicationshall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or distribution of any advertisinga detainer of, marketing materials, internet web sitethe Premises, or other materials an eviction, actual or mediumconstructive, without obtaining Tenant’s prior written consentof Tenant from the Premises, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37or any portion thereof.
Appears in 1 contract
ENTRY BY LANDLORD. 1.1 Landlord and its authorized representatives shall have the right to enter the Premises reasonable times and upon reasonable first giving at least 48 hours’ notice to Tenant (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): , in which reasonable notice may be less than 48 hours) (a) for inspect the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereunderPremises, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing exhibit the Premises to prospective purchasers or lenders, and mortgagees and, at any time within during the final twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same Term, to prospective tenants. No , (c) determine whether Tenant is performing all of its obligations hereunder, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility, and (f) make any repairs to the Premises, or make any repairs to any adjoining space or utility services, or make any repairs, alterations or improvements to any other portion of the Building, provided all such entry shall constitute an eviction of Tenant, but any such entry work shall be done as promptly as reasonably practicable and so as to cause as little interference to Tenant as reasonably practicable. So long as such entry by ▇▇▇▇▇▇▇▇ does not materially adversely affect Tenant’s access to and use of the Premises, Tenant waives all claims for damages for any injury or inconvenience to or interference with ▇▇▇▇▇▇’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (but excluding Tenant’s vaults, safes, and special security areas designated in writing by Tenant and approved in writing by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in the event of an emergencyadvance), or following an Event of Default, which is continuing, Tenant and Landlord shall have the right to have a representative accompany use any and all means which Landlord may deem proper to open such doors in any such inspectionsan emergency to obtain entry to the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that Any entry to the existence and the terms and conditions of this Lease shall be kept confidential Premises obtained by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents by any of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leasesuch means, or (iv) if the information is already a matter of public record or generally known to the public. In particularotherwise, in addition to the foregoing and not in limitation, Landlord shall not issue under any circumstances be construed or deemed to be a press release forcible or other public announcement concerning the existence and/or contents unlawful entry into or a detainer of the Lease without Premises or an eviction, actual or constructive, of Tenant from the prior written consent of TenantPremises or any portion thereof. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 371131701.06/SF372493-00050/1-31-20/pwn/pwn -22-
Appears in 1 contract
Sources: Lease (Dexcom Inc)
ENTRY BY LANDLORD. Upon twenty-four (24) hours prior notice, 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 ----------------- may enter the Premises at all reasonable business hours (and at all other times in to: inspect 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 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 to the expiration of the Term of this Lease for the purpose of showing same; exhibit the same to prospective purchasers, Mortgagees or tenants. No ; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such entry shall constitute an eviction of Tenant, but any such entry work shall be done by Landlord in such reasonable manner as promptly as reasonably possible and so as to minimize cause as little interference to Tenant as reasonably possible. Tenant hereby waives any disruption of Tenant’s business operation. Except in the event of an emergencyclaim for damages for any injury or inconvenience to, or following an Event interference with, Tenant's business, any loss of Defaultoccupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord at all times shall have and retain a key with which to unlock all of the doors in, which is continuingon or about the Premises (excluding Tenant's vaults, sees and similar areas designated by Tenant in writing in advance), and Landlord shall have the right to have a representative accompany use any and all means by which Landlord in may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leasemeans, or (iv) if otherwise, shall not under any circumstances be or construed to be a forcible or unlawful entry into or a detainer of the information is already a matter Premises or an eviction, actual or constructive, of public record or generally known to Tenant from any part of the publicPremises. In particular, in addition to the foregoing and not in limitation, Such entry by Landlord shall not issue act as a press release or other public announcement concerning the existence and/or contents of the Lease without the prior written consent termination of Tenant's duties under this Lease. In If 118 Landlord shall be required to obtain entry by means other than a key provided by Tenant, the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content and method cost of such public disclosures. entry shall be payable by Tenant to 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37as additional rent.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit 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) Landlord’s agents to enter the Leased Premises at all reasonable times during normal 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 maintaining the Leased Premises, or for the purpose of making repairs, alterations, or additions to any work portion of the Leased Premises required or permitted hereunder or for the purpose of Landlord hereunderposting notices of non-responsibility for alterations, and may take all such action thereon as may be necessary additions, or appropriate for any such purpose (but nothing contained in this Lease repairs, or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing the Leased Premises to prospective purchasers tenants (but only during the final six (6) months of the Lease Term), or placing upon the Leased Premises any usual or ordinary “for sale” signs, without any rebate of rent and mortgagees and, without any liability to Tenant for any loss of occupation or quiet enjoyment of the Leased Premises thereby occasioned; and shall permit Landlord at any time within twelve six (126) months prior to the expiration of this Lease, to place upon the Term Leased Premises any usual or ordinary “to let” or “to lease” signs. Landlord’s right of this Lease for entry hereunder is conditioned upon the purpose following: (a) except as required to make an emergency repair, the receipt by Tenant of showing at least twenty-four (24) hours’ prior written notice of its intent to enter the same Leased Premises, which notice shall set forth with particularity the name of each individual seeking entry on behalf of the Landlord, (b) the execution by Landlord of a Confidentiality Agreement, to prospective tenants. No such entry shall constitute an eviction of the extent deemed necessary by Tenant, but any and (c) such entry shall be done by Landlord conducted in such reasonable manner so as to minimize any disruption of interference with Tenant’s business operationoperations. Except in Notwithstanding the event of an emergency, or following an Event of Default, which is continuingabove, Tenant shall have herewith reserves 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 refuse entry by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building all or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents portion of the Lease without the prior written consent Leased Premises due to safety or security concerns of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
ENTRY BY LANDLORD. Except as otherwise expressly provided herein below, 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 upon at least forty-eight (and at all other times 48) hours advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in the event of its good faith judgment) necessitates an emergency): immediate entry), to (a) for inspect the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereunderPremises, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing exhibit the Premises to prospective purchasers and mortgagees andpurchasers, at tenants or lenders, (c) post notices of non-responsibility, (d) make any time within twelve (12) months prior repairs to the expiration Premises, and (e) conduct invasive and non-invasive tests, analysis, investigations and studies of the Term condition of this Lease the Premises provided that such construction activity does not unreasonably interfere with ▇▇▇▇▇▇’s use and occupancy of the Premises; provided that, Landlord shall at all times be accompanied by a representative of Tenant during any entry into the Building by Landlord (or so long as Tenant makes a representative available). Tenant waives all claims for damages for any injury or inconvenience to or interference with ▇▇▇▇▇▇’s business, any loss of occupancy or quiet enjoyment of the purpose of showing the same to prospective tenants. No Premises or any other loss occasioned by such entry shall constitute an eviction of Tenant, but provided that any such entry (and any work in connection therewith) shall be done by Landlord in such reasonable manner concluded as promptly as reasonably practicable and so as to minimize cause as little interference to Tenant as reasonably practicable. In any disruption entrance into the Premises pursuant to the provisions of this Section 4.5, Landlord shall comply with Tenant’s business operation. Except in the event of an emergencyreasonable security and confidentiality procedures previously detailed by Tenant to Landlord, 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 disclose the existence and/or contents of this Lease: (i) as and only except to the extent Landlord or its agents reasonably determine that an emergency makes compliance with such procedures impracticable. Notwithstanding anything to the contrary contained in this Section 4.5, Tenant may designate certain areas of the Premises as “Secured Areas” as reasonably required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisorsfor purposes of securing certain valuable property and confidential information, including, without limitation, tax preparers, bank personnel, business advisors, as may be required by legal advisors, lendersRequirements, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue have no right whatsoever to enter such Secured Areas unless accompanied by a press release or other public announcement concerning the existence and/or contents of the Lease without the prior written consent representative of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right upon all reasonable notice (which shall be times after giving Tenant not less than two twenty-four (224) business days hours’ prior written notice of such proposed entry (which may be given via e-mail to designated representative) for purposes other than as set forth in subpart (b) below, and 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): emergency or to provide regularly-scheduled janitorial or other similar services, when no such notice shall be required, enter the Premises to (a) for the purpose of inspecting inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibility, and mortgagees and(e) alter, at improve or repair the Premises or any time within twelve (12) months prior other portion of the Project. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the work to be performed. Except to the expiration of the Term of this Lease for the purpose of showing the same to prospective tenants. No extent provided in Paragraph 17.e., in no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s Secured Access Areas (as defined in Paragraph 60 below),vaults and safes. If an emergency necessitates immediate access to the Premises, no prior notice will be required and Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by Landlord in such reasonable manner as to minimize any disruption not constitute a forcible or unlawful entry into the Premises, a detainer of Tenant’s business operation. Except in the event of an emergencyPremises, or following an Event eviction of Default, which is continuing, Tenant shall have from 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this LeasePremises, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof
Appears in 1 contract
Sources: Office Lease (Salt Blockchain Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable prior notice (which shall be not but no less than two one (21) business days day, except in the case of emergencyemergencies or to perform regularly scheduled services) to the Tenant to enter the Premises at all reasonable business hours to: (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor ground or underlying lessors, at any time within or, during the last twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same Term, to prospective tenants; (iii) post notices of non-responsibility; (iv) alter, improve or repair the Premises or the Retail Area if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Premises Retail Area; or (v) perform services or other obligations required of Landlord under this Lease which are other than regularly scheduled services and/or maintenance obligations. No such entry shall constitute an eviction The parties further agree that neither Landlord nor any of TenantLandlord’s employees, but any such entry invitees, licensees, tenants, third parties or assigns, shall be done by Landlord in such reasonable manner as permitted any access to minimize any disruption of Tenant’s the Premises unless reasonably coordinated with Tenant upon not less than one (1) business operation. Except day prior written notice, except in the event of an emergency, in which case no prior notice is required, but shall be given as soon as reasonably practicable accompanied with a reasonable written explanation of the reason for access. Notwithstanding anything to the contrary contained in this Article 25, Landlord may enter the Premises at any time to (A) perform regularly scheduled services and/or maintenance obligations required of Landlord under this Lease; and (B) perform, in accordance with the provisions of this Lease, 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 Section 19.8.2 of this Lease, and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Subject to the provisions of Section 19.8.2 of this Lease, Tenant hereby waives any claims for damages or following for any injuries or inconvenience to or interference with Tenant’s business, lost profits, or any loss of occupancy or quiet enjoyment of the Premises in connection with any entry by Landlord in accordance with the terms of this Article 25. 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 Event emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises so long as Landlord repairs any damage caused thereby and notice is given as soon as reasonably practicable accompanied with a reasonable written explanation of Defaultthe reason for access. Any entry into the Premises in the mariner 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 may, after reasonable prior notice to and consultation with Landlord, reasonably 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. Landlord may only enter such Secured Areas upon three (3) business days’ notice to Tenant which is continuing, notice shall specify the date and time of such entry by Landlord (and Tenant shall have the right to have a representative accompany Landlord in any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided hereinescort Landlord); provided, it is agreed however, 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 disclose enter the existence and/or contents of this Lease: (i) as Secured Areas without notice to Tenant and only to the extent required by law; (ii) as necessary to (a) manage its investment without escort in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms event of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particularan emergency, in addition to the foregoing and not in limitation, which case Landlord shall 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 provide Tenant gives its consent, Tenant shall have full approval rights over the timing, content and method with notice 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37entry promptly thereafter.
Appears in 1 contract
Sources: Retail Lease (KBS Real Estate Investment Trust II, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice to Tenant (which shall be not less than two (2) business days except in the case of an emergency) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and purchasers, mortgagees andor tenants (but as to prospective tenants, at any time within only during the last twelve (12) months prior of the initial Lease Term or of any Extension Term), or to the expiration ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Term Premises or the Building if necessary to comply with current building codes or other PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] applicable laws, or for structural alterations, repairs or improvements to the Building. Tenant shall be offered an opportunity to accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant's security procedures in connection with such entry (except that these restrictions shall not apply in the case of an emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (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 so long as Tenant can continue to occupy and use any affected portion of the Premises for the purpose of showing same business purposes as Tenant had been using such affected portion prior to Landlord's entry, and Landlord may take such reasonable steps as required to accomplish the same to prospective tenants. No such entry shall constitute an eviction of Tenantstated purposes, but provided, however, that any such entry shall be done by Landlord accomplished as expeditiously as reasonably possible and in such reasonable a manner so as to minimize not materially and adversely interfere with Tenant's normal business functions. Tenant hereby waives any disruption claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of Tenant’s business operationoccupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby except any claims arising out of Landlord's gross negligence or willful misconduct. Except For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the event of Premises, excluding Tenant's vaults, safes and special security areas designated from time to time in advance by Tenant. In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany 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 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 manner hereinbefore described shall not be kept confidential by Landlord and not disclosed deemed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building be a forcible or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leaseunlawful entry into, or (iv) if a detainer of, the information is already a matter Premises, or an actual or constructive eviction of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents Tenant from any portion of the Lease without the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
Sources: Office Lease (Peregrine Systems Inc)
ENTRY BY LANDLORD. Tenant will permit 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) Landlord Parties 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 (a) inspecting the same Premises, (b) maintaining the Building or for any part thereof, (c) making repairs, alterations or additions to any portion of the purpose Building, including the erection and maintenance of doing any work required or permitted of Landlord hereundersuch scaffolding, canopies, fences and may take all such action thereon props as may be necessary required therefor, (d) posting notices of non-responsibility for Alterations or appropriate for any such purpose repairs, (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (be) for the purpose of showing the Premises to prospective purchasers tenants during the last nine (9) months of the Lease Term, (f) exercising and mortgagees andperforming Landlord’s rights and obligations under this Lease, or (g) placing upon the Building, or any 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. Landlord shall have the right, at any time within twelve the final six (126) months prior of the Lease Term, to place upon the Premises any usual or ordinary “for lease” signs. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the interference with Tenant’s Permitted Use, and shall provide Tenant with 24-hour advance telephonic or electronic mail notice of such entry (except in emergency situations, if an Event of Default exists, or in cases of routine maintenance or cleaning, in which cases no notice shall be required). Landlord may use any means which Landlord may deem proper to open and obtain entry to the expiration of Premises in an emergency. Any entry to the Term of this Lease for Premises by Landlord shall not be construed or deemed to be forcible or unlawful entry into, or detainer of, the purpose of showing the same to prospective tenants. No such entry shall constitute Premises, or an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in Tenant from the event of an emergencyPremises, or following an Event grounds for any abatement or reduction 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Rent.
Appears in 1 contract
Sources: Office Lease Agreement (JOINT Corp)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times (including during business hours) and upon reasonable 24 hours prior written notice to Tenant (which shall be not less than two (2) business days except in the case of an emergency) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or to prospective tenants (provided that unless Tenant is in default beyond applicable notice and mortgagees andcure periods, the showing to prospective tenants shall only be during the last nine (9) months of the Lease Term); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time within twelve to (12A) months prior perform services required of Landlord, including janitorial service; (B) take possession due to the expiration of the Term any breach of this Lease for beyond all applicable notice and cure periods in the purpose manner provided herein; and (C) perform any covenants of showing the same Tenant which Tenant fails to prospective tenantsperform in accordance with Article 26 above. No such entry shall constitute an eviction of Tenant, but Landlord may make any such entry shall be done by Landlord in entries without the abatement of Rent and may take such reasonable manner steps as required to minimize accomplish the stated purposes. Subject to Landlord’s indemnification of Tenant set forth in Section 10.1 above), Tenant hereby waives any disruption of claims for damages or for any injuries or inconvenience to or interference with Tenant’s business operationbusiness, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. Except For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the event of Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany 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 such inspectionsportion of the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions No provision of this Lease shall be kept confidential construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. All such entries shall be accomplished as expeditiously as reasonably possible and not disclosed in a manner so as to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents cause as little interference to Tenant1s use and occupancy of this Lease: (i) as and only or access to the extent required by law; (ii) Premises as necessary commercially reasonably possible without any requirement for Landlord to (a) manage its investment in the Building employ after-hours or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37overtime labor.
Appears in 1 contract
Sources: Office Lease (Life360, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall have the right upon at all reasonable times and with reasonable advance written notice (which shall be not less than two (2) business days at least 24 hours), and in the presence of Tenant or Tenant's representatives except in the case of emergencyan "EMERGENCY", which for purposes of this Lease means situations in which there is an imminent threat to persons and/or property within the Building) have the right to enter the Premises at all reasonable business hours (and at all other times in to inspect 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 hereundersame, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing exhibit the Premises to prospective purchasers lenders, purchasers, and mortgagees andtenants, at and to post notices of non-responsibility, and/or to alter, improve or repair the Premises as contemplated by Section 12.3, all without being deemed guilty of or liable for any time within twelve (12) months prior to the expiration breach of the Term Landlord's covenant of this Lease for the purpose of showing the same to prospective tenants. No such entry shall constitute an quiet enjoyment or any eviction of Tenant, but any such entry and without abatement of rent. Landlord shall be done by Landlord exercise its rights under this Section in such reasonable a manner as to minimize any disruption the imposition on Tenant's business, and shall provide Tenant with reasonable advance written notice of Tenant’s business operationsuch entry, except in an Emergency. Except in the event of an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right means, which Landlord may deem reasonably proper, to have a representative accompany open Tenant's doors in an Emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord in an Emergency 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 of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses an account of 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 entry by Landlord except subject to the provisions of Sections 32.7 and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only 24 to the extent required by law; of Landlord's negligence or willful misconduct in which case Landlord's liability (iiif any) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known shall be limited to the public. In particular, in addition extent such damages or losses are not covered by insurance carried by Tenant or required to the foregoing and not in limitation, Landlord shall 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 be carried by Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37hereunder.
Appears in 1 contract
Sources: Lease (Ufp Technologies Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice (which shall be of not less than two one (21) business days day, except in the case of emergencyan emergency where no notice shall be required) to Tenant to enter the Premises at all reasonable business hours to: (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, mortgagees, ground lessors or, during the last nine (9) months of the Term, to tenants; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable Requirements, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time within twelve (12) months prior time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the expiration abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. In exercising its rights under this Article, Landlord will use commercially reasonable efforts to minimize unreasonable interference with Tenant's use of the Term Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of this Lease for occupancy or quiet enjoyment of the purpose Premises, and any other loss occasioned thereby. For each of showing the same above purposes, Landlord shall at all times have a key with which to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except unlock all the doors in the event of Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, or following an Event of Default, which is continuing, Tenant Landlord shall have the right to have a representative accompany Landlord in enter without notice and use any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed means 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 disclose deem proper to open the existence and/or contents of this Lease: (i) as doors in and only to the extent required by law; (ii) as necessary to (a) manage its investment Premises. Any entry into the Premises in the Building manner hereinbefore described shall not be deemed to be a forcible or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Leaseunlawful entry into, or (iv) if a detainer of, the information is already a matter Premises, or an actual or constructive eviction of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents Tenant from any portion of the Lease without the prior written consent of Tenant. In the event that Tenant 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
Sources: Lease (Janux Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall have the right upon at all reasonable times following prior notice to Tenant (which shall be not less than two (2) business days notice, except in the case of emergencyemergencies and except with respect to ordinary services to be provided by Landlord within the Premises, shall be no less than twenty-four (24) hours prior notice), have the right to enter the Premises at all reasonable business hours (and at all other times in to inspect 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 hereundersame, 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing exhibit the Premises to prospective lenders or purchasers and mortgagees and, at any time within (or during the last twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same Term, to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises as contemplated by Section 11 2 In the event Tenant fails to perform its obligations under Section 11 1, all without being deemed guilty of or liable for any breach of Landlord’s covenant of quiet enjoyment or any eviction of Tenant, but and without abatement of rent. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the interference with Tenant’s business, and shall provide Tenant with reasonable advance written notice of such entry (except In emergency situations) Landlord shall have the means which Landlord may deem proper to open Tenant’s doors in an emergency in order to obtain entry to the Premises. Any such entry (in accordance with the terms hereof) 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 of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry shall be done by Landlord in such reasonable manner as except, subject to minimize any disruption the provisions of TenantSections 21.1 and 23, to the extent of Landlord’s business operation. gross negligence or willful misconduct Except for services (if any) required to be provided by Landlord to the Premises under this Lease and except in the event case of an emergencyemergencies, or following an Event of Default, which is continuing, Tenant shall have the right to have Landlord’s entry rights are conditioned upon 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 disclose the existence and/or contents of this Lease: Tenant (i) as and but only to the extent required by law; (iia representative is available) as necessary to (a) manage its investment in accompanying Landlord during any other entry into the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises
Appears in 1 contract
Sources: Single Tenant Industrial Lease (Imcor Pharmaceutical Co)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice (which shall be not less than two one (21) business days days’ notice to Tenant (except in the case of an emergency) to enter the Premises at all reasonable business hours to (and at all other times in the event of an emergency): i) inspect them; (aii) 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective purchasers and mortgagees andpurchasers, at any time within or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months prior to the expiration of the Term of this Lease for the purpose of showing the same Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); (iv) to the extent permitted or required by express provisions of this Lease, to alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment, or (v) exercise its rights under Article 26 of this Lease, above. No such entry shall constitute an eviction of Tenant, but Landlord may make any such entry shall be done by Landlord entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable manner steps as required to minimize any disruption of Tenant’s business operationaccomplish the stated purposes. Except in the event of an emergency, or following Landlord shall employ commercially reasonable efforts to minimize interference with the conduct of ▇▇▇▇▇▇’s business in connection with entries into the Premises. In an Event of Defaultemergency, which is continuing, Tenant Landlord shall have the right to have a representative accompany use any means that Landlord may deem proper to open the doors in and to the Premises. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of ▇▇▇▇▇▇’s business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. 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 such inspectionsportion of the Premises. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions No provision of this Lease shall be kept confidential construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37.
Appears in 1 contract
Sources: Lease Agreement (BioAtla, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times, and upon reasonable advance notice (which shall provided that no advance notice need be not less than two (2) business days except in the case of emergency) given if an emergency necessitates an immediate entry or prior to entry to provide routine janitorial services under Paragraph I 7.g.ii. above, if applicable), enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): to (a) for the purpose of inspecting inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers and mortgagees and, at any time within or (during the final twelve (12) months prior of the Lease Term) tenants, (d) post notices of non-responsibility, and (e) alter, improve or repair the Premises (to the expiration extent such work is required or permitted hereunder to be performed by Landlord) or any other portion of the Term of this Lease Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the purpose of showing the same work to prospective tenantsbe performed. No In no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by Landlord in such reasonable manner as to minimize any disruption not constitute a forcible or unlawful entry into the Premises, a detainer of Tenant’s business operation. Except in the event of an emergencyPremises, or following an Event eviction of Default, which is continuing, Tenant shall have from 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this LeasePremises, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
Sources: Office Lease (New Relic Inc)
ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable notice at least one (which shall be not less than two (21) business days days’ prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last six (6) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any default of this Lease by Tenant (beyond the applicable notice and cure periods); and (C) perform any covenants required to be performed under Applicable Laws. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. For each of the above purposes, Landlord shall at all reasonable business hours (times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and at all other times special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Landlord will exercise its rights pursuant to this Article 27 in a manner so as to minimize any unreasonable interference with Tenant’s use of the Premises. Tenant may, by written notice to Landlord, designate portions of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord and Landlord’s agents may not enter such Secured Areas, except in the event of an emergency): (a) for the purpose of inspecting the same . Landlord shall not clean any area designated by Tenant as a Secured Area and shall only maintain or for the purpose of doing any work required or permitted of Landlord hereunder, and may take all repair 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 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 Secured Areas 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, 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 disclose the existence and/or contents of this Lease: extent (i) as such repair or maintenance is required in order to maintain and only to repair the extent required by lawBuilding Structure and/or the Building Systems; (ii) as necessary to (a) manage its investment in the Building required by Applicable Law, or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary in response to enforce the terms of this Leasespecific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, or (iv) if the information is already a matter of public record or generally known subject to Landlord’s reasonable approval, and provided that any such maintenance and/or repairs to the public. In particular, in addition to the foregoing and not in limitation, Secured Areas by Landlord shall not issue a press release or other public announcement concerning only be conducted by Landlord following Landlord’s prior notice to Tenant providing Tenant with adequate time to relocate the existence and/or contents of the Lease without the prior written consent of Tenant. In the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content property 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 information contained in the printing, publication, or distribution Secured Areas and/or to designate an employee of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining TenantTenant be present during Landlord’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37entry into such Secured Areas.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times, and upon reasonable advance notice (which shall provided that no advance notice need be not less than two (2) business days except in the case of emergency) given if an emergency necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): to (a) for the purpose of inspecting inspect the same or for the purpose of doing any work required or permitted of Landlord and to determine whether Tenant is in compliance with its obligations 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 the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders or purchasers and mortgagees and, at any time within during the final twelve (12) months prior to the expiration of the Term Lease term (as the same may have been extended) prospective tenants, (d) post notices of this Lease nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Project. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the purpose of showing the same work to prospective tenantsbe performed. No In no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by Landlord in such reasonable manner as to minimize any disruption not constitute a forcible or unlawful entry into the Premises, a detainer of Tenant’s business operation. Except in the event of an emergencyPremises, or following an Event eviction of Default, which is continuing, Tenant shall have from 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this LeasePremises, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37portion thereof.
Appears in 1 contract
Sources: Office Lease (Kitara Media Corp.)
ENTRY BY LANDLORD. 5.1 To permit the 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 agents with or without workmen and all persons authorised by it and with or without appliances at all reasonable business hours times upon prior notice to enter upon the Premises and if necessary, to remain at the Premises:
(a) to take inventories of fixtures and at all fittings therein and to carry out any maintenance works or repairs to the Landlord's installations inside the Premises which are in the 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 times building works as may be made or authorised in the vicinity of the Building and the Tenant shall deposit with the Landlord a key or key(s) to the Premises to enable the Landlord to enter into the Premises in the event of an emergency): (aemergency and unless key(s) for are so deposited with the purpose Landlord, in the event of inspecting emergency the same Landlord or for its agents may without notice enter upon the purpose of doing any work required or permitted of Landlord hereunderPremises forcibly, and may take 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 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 the part of Landlord persons authorised by it at all reasonable times to make any such inspection or do any such work), and (b) for the purpose of showing show the Premises to prospective tenants during the last six months of the Term or to prospective purchasers and mortgagees and, at any time within twelve (12) months prior to during 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, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Term.
Appears in 1 contract
Sources: Tenancy Agreement (Goldenway, Inc.)
ENTRY BY LANDLORD. Upon prior notice to Tenant and subject to Tenant's reasonable security regulations, Tenant shall permit Landlord 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) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non-responsibility for any construction, alteration or repair thereof, as required or permitted by any law, and (vi) 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 authorized representatives agents: (i) shall have not enter the right upon reasonable Premises without first giving twenty-four (24) hours notice (which shall be not less than two (2) business days to Tenant of such entry except in the case of emergency, (ii) to enter the Premises shall be accompanied by an employee of Tenant at all reasonable business hours (and at all other times while in the event of an emergency): Premises, (aiii) for shall comply with Tenant's security procedures applicable to 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 the part of Landlord to make any such inspection or do any such work)Premises, and (biv) for the purpose of showing the Premises to prospective purchasers and mortgagees and, at any time within twelve (12) months prior to the expiration shall not unreasonably interfere with Tenant's use 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, 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 disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall 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 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 written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37Premises.
Appears in 1 contract
Sources: Lease Agreement (Network Equipment Technologies Inc)
ENTRY BY LANDLORD. Section 16.1 Landlord and its agents shall have the right to enter into ------------ and upon the Premises at all reasonable times for the purpose of examining and exhibiting the same; provided, however, that Landlord shall provide notice to Tenant at least 48 hours in advance thereof, except in case of all emergency. Supplementing the foregoing, 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 for any of the event of an emergency): following purposes;
(a) for To determine whether the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereunder, Premises are in good condition and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in whether Tenant is complying with its obligations under this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and Lease;
(b) To serve, post, or keep posted any notices required or allowed under the provisions of this Lease;
(c) To post "for sale" signs at any time, and to post "for rent" or "for lease" signs during the purpose last six (6) months of showing the Lease Term, or during any period while Tenant is in default beyond any applicable cure period;
(d) To show the Premises to prospective purchasers tenants at any time during the last six (6) months of the Lease Term, and mortgagees andto show the Premises to prospective brokers, agents, buyers, tenants, or persons interested in an exchange, at any time within twelve during the Lease Term;
(12e) months prior To shore the foundations, footings, and walls of the Building and other improvements that are a part of the Premises and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the expiration Premises, and to do any other act or thing necessary for the safety or preservation of the Term of this Lease for the purpose of showing the same Premises if any excavation or other construction is undertaken or is about to prospective tenants. No such entry shall constitute an eviction of Tenant, but be undertaken on any such entry shall be done by Landlord in such reasonable manner as adjacent property on which excavation or construction is 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 take place and the terms and conditions of this Lease shall be kept confidential by adjacent property owner's authorized representatives; and
(f) to conduct any tests at the Premises which Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as deems reasonable or necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparersground water tests and core soil tests, bank personnelprovided, business advisorshowever, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, that Landlord shall not issue a press release or other public announcement concerning the existence and/or contents unreasonably disturb Tenant's operations and occupancy.
Section 16.2 Landlord shall not be liable in any manner for any ------------ inconvenience, disturbance, loss of the Lease without the prior written consent of Tenant. In the event that Tenant gives its consentbusiness, 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 sitenuisance, or other materials damage arising out of Landlord's entry on the Premises as provided in this Article unless due to Landlords or mediumits agents' acts, without obtaining omissions, negligence or willful misconduct.
Section 16.3 Tenant shall not be entitled to an abatement or reduction of ------------ rent if Landlord exercises any rights reserved in this Article. Landlord shall use reasonable efforts, in the exercise of its rights under this Article 16 by itself or its agents, to minimize interference with Tenant’s prior written consent, which may be withheld in Tenant’s sole 's use and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37occupancy of the Premises.
Appears in 1 contract
Sources: Building Lease Agreement (Intertrust Technologies Corp)