Landlord’s Entry. Subject to the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents may during reasonable times and upon at least twenty-four (24) hours’ prior written notice to Tenant enter the Premises to: (a) inspect the Premises and/or audit Tenant’s records to verify that Tenant has complied with its obligations under this Lease and, subject to any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreements; (b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, and inspect records and data relevant to the Development Services; (c) show the Premises to prospective purchasers, mortgagees and, during the last eighteen (18) months of the Term, tenants; (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable Laws; or (f) from time to time, undertake additional improvements to the Building as Landlord deems reasonably necessary to perform Landlord’s obligations under this Lease or to comply with Law. Landlord may in the event of any emergency (which means a sudden or unanticipated event which may cause injury, loss of life or material damage to property) enter the Premises without notice to Tenant for the purpose of protecting life or property. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of any such emergency.
Appears in 3 contracts
Sources: Facility Lease Agreement, Facility Lease Agreement (GT Advanced Technologies Inc.), Facility Lease Agreement (GT Advanced Technologies Inc.)
Landlord’s Entry. Subject to To permit the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents may during persons authorised by it with or without appliances at all reasonable times after giving prior notice (except in case of any emergency where no notice shall be required and forcibly if need to be) to enter upon at least twenty-four (24) hours’ prior written notice to Tenant enter the Premises to: and where requisite to remain with or without workmen, materials and equipment:
(a) to inspect the Premises and/or audit Tenant’s records to verify that Tenant has complied with its obligations under this Lease and, subject to and view the condition thereof and any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreements; alterations or additions carried out and any equipment or facilities or substances therein;
(b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress take inventories of the Development ServicesLandlord’s Provisions (set out in Schedule 4), discuss (if applicable) the Development Services with relevant Tenant personnel, Landlord’s Fixtures and inspect records Fittings and data relevant take or remove any other fixtures or inventories (whether of the Landlord or the Tenant) and to the Development Services; carry out any works repairs or maintenance which require to be done;
(c) to remedy any breach of the Tenant's covenants in this Lease and to carry out any work or repair required to be done and all costs incurred by the Landlord in respect thereof shall be a debt due from the Tenant to the Landlord;
(d) to do anything the Landlord deems necessary for the purposes of security, fire fighting, maintenance and protection of the Building or the Development;
(e) to ascertain whether or not the Tenant is observing and performing its covenants in this Lease;
(f) to alter, maintain or repair the adjoining property or to the infrastructure of the Building or the Development or to ascertain or verify the compliance with energy performance requirement by the Tenant;
(g) in connection with the exercise of the easements and rights reserved by this Lease;
(h) to comply with such covenants, conditions and restrictions (if any) as may affect any reversion on the Term, and such covenants under the Government grant which the land where the Building situates is subject to;
(i) to gain access and/or carry out any works to any common facilities whether or not serving the Premises exclusively;
(j) to measure or value the Premises;
(k) in connection with the management of the Premises, the Building or the Development;
(l) during the last six months before the expiration of this Lease, to show the Premises to prospective tenants or purchasers;
(m) to review the Tenant’s activities, mortgagees and, during the last eighteen (18) months use of the TermPremises and/or any of the goods, tenants; materials, features and/or substances in, on or about the Premises;
(dn) maintainto verify the implementation and realisation of the Tenant’s proposed activities and/or investment set out in the Tender;
(o) to ascertain whether the information (including the proposed activities and/or investment) contained in the Tender are true, repaircomplete and accurate;
(p) to ascertain whether the Tenant has observed and complied with all legislation, operate rules and monitor (or cause regulations including without limitation the applicable utility provider to do the same) the Roof Solar ArrayHandbooks and Manuals, Fuel Cell and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable Laws; or (f) from time to time, undertake additional improvements rules and regulations in relation to the Building safety of the Premises as Landlord deems reasonably necessary to perform Landlord’s obligations required under this Lease Lease; and
(q) to review or to comply with Law. Landlord may in measure the event Tenant’s use of any emergency (which means a sudden energy and water and the Tenant’s waste production or unanticipated event which may cause injury, loss of life or material damage to property) enter the Premises without notice to Tenant for the purpose of protecting life or property. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of any such emergencywaste management.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Landlord’s Entry. Subject to To permit the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents may during persons authorised by it with or without appliances at all reasonable times after giving prior notice (except in case of any emergency where no notice shall be required and forcibly if need be) to enter upon at least twenty-four (24) hours’ prior written notice to Tenant enter the Premises to: and where requisite to remain with or without workmen, materials and equipment:
(a) to inspect the Premises and/or audit Tenant’s records to verify that Tenant has complied with its obligations under this Lease and, subject to and view the condition thereof and any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreements; alterations or additions carried out and any equipment or facilities or substances therein;
(b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress take inventories of the Development ServicesLandlord’s Provisions (set out in Part 1 of Schedule 3), discuss (if applicable) the Development Services with relevant Tenant personnel, Landlord’s Fixtures and inspect records Fittings (set out in Part 2 of Schedule 3) and data relevant other fixtures and to the Development Servicescarry out any works repairs or maintenance which require to be done; Lease Agreement - Ewell 2024
(c) to remedy any breach of the Tenant’s covenants in this Lease and to carry out any work or repair required to be done and all costs incurred by the Landlord in respect thereof shall be a debt due from the Tenant to the Landlord;
(d) to do anything the Landlord deems necessary for the purposes of security, fire fighting and protection of the Building or the Development;
(e) to ascertain whether or not the Tenant is observing and performing its covenants in this Lease;
(f) to alter, maintain or repair the adjoining property or to the infrastructure of the Building or the Development or to ascertain or verify the compliance with energy performance requirement by the Tenant;
(g) in connection with the exercise of the easements and rights reserved by this Lease;
(h) to comply with such covenants, conditions and restrictions (if any) as may affect any reversion on the Term;
(i) to gain access to any common facilities whether or not serving the Premises exclusively;
(j) to measure or value the Premises;
(k) in connection with the management of the Premises, the Building or the Development;
(l) during the last three months before the expiration of this Lease, to show the Premises to prospective tenants or purchasers;
(m) to review the Tenant’s activities, mortgagees and, during the last eighteen (18) months use of the TermPremises and/or any of the goods, tenants; materials, features and/or substances in, on or about the Premises;
(dn) maintainto verify the implementation and realisation of the Tenant’s proposed activities and/or investment set out in the Application and/or the Business Update Documents;
(o) to ascertain whether the information (including the proposed activities and/or investment) contained in the Application and/or the Business Update Documents are true, repaircomplete and accurate;
(p) to ascertain whether the Tenant has observed and complied with all legislation, operate rules and monitor (or cause regulations including without limitation the applicable utility provider to do Handbooks and Manuals, the same) the Roof Solar Array, Fuel Cell Safety Rules and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable Laws; or (f) from time to time, undertake additional improvements rules and regulations in relation to the Building safety of the Premises as Landlord deems reasonably necessary to perform Landlord’s obligations required under this Lease Lease; and
(q) to review or to comply with Law. Landlord may in measure the event Tenant’s use of any emergency (which means a sudden energy and water and the Tenant’s waste production or unanticipated event which may cause injury, loss of life or material damage to property) enter the Premises without notice to Tenant for the purpose of protecting life or property. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of any such emergencywaste management.
Appears in 1 contract
Landlord’s Entry. Subject to the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, (a) Landlord and Landlord’s Agents its authorized representatives may during at all reasonable times during Business Hours and upon at least twenty-four (24) hours’ prior written reasonable notice to Tenant and only if accompanied by a representative of Tenant (provided, Tenant shall make such representative available during any reasonable time) enter the Premises to: (a) inspect the Premises and/or audit Tenant’s records to verify that Tenant has complied with its obligations under this Lease and, subject to any limitations set forth in the Collateral Agreements, its obligations under the Collateral AgreementsPremises; (b) subject show the Premises to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, prospective purchasers and inspect records and data relevant to the Development Servicesmortgagees; (c) show the Premises to prospective purchasers, mortgagees and, tenants (but only during the last eighteen (18) 12 months of the Term, tenantsTerm or at any time following an Event of Default); (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable the Laws; or (fe) from exercise and perform Landlord’s rights and obligations under this Lease.
(b) In addition, because the loading dock is located within the Premises, Tenant shall staff the loading dock during all Business Hours and at such time to time, undertake additional improvements or times as deliveries are made to the Building as Landlord deems reasonably necessary to perform for recipients other than Tenant, Tenant shall promptly notify Landlord’s obligations under this Lease designated representative by telephone (or to comply with Lawother immediate means) of such delivery. Landlord may shall designate two or three persons as its representatives, which persons shall be subject to Tenant’s reasonable approval. Such approved designated representatives of Landlord shall have the right of ingress and egress to and from the loading dock from the Garage through a secured corridor (and only a secured corridor) in the lower level of the Premises to the loading dock (as more particularly shown on the Lower Level sheet of the Floor Plan) for the purpose of taking receipt of such delivery, and Landlord shall promptly take receipt of such delivery following such notice to Landlord’s designated representative. Such approved designated representatives of Landlord shall only be permitted to enter upon the Premises through the secured corridor when accompanied by one or more representatives of Tenant, whom Tenant agrees to make available during Business Hours. Landlord agrees to indemnify, defend and hold harmless Tenant from and against all claims, actions, liabilities, damages (excluding consequential, punitive, incidental, special and similar type damages, except to the extent such consequential, punitive, incidental, special and similar type damages are claimed by third parties), costs, penalties, forfeitures, losses or expenses, including, without limitation, reasonable attorneys’ fees, resulting from or relating to any injury to person or damage to or loss of property sustained by Tenant in connection with Landlord’s use of, and ingress and egress to and from, the loading dock to the extent caused by Landlord or Landlord’s agents, contractors, or employees, provided Tenant tenders defense of any claim subject to Landlord’s indemnity in sufficient time to avoid prejudice to Landlord for handling by counsel of Landlord’s selection and reasonably acceptable to Tenant.
(c) Landlord acknowledges that the nature of Tenant’s business and the proprietary and confidential nature of Tenant’s business requires significant security measures be implemented by Tenant to restrict access to the Premises. Landlord, in the event of any emergency (which means a sudden or unanticipated event which may cause injury, loss poses an immediate threat to the safety of life any persons or material damage to property) the Property, the Building, the Premises, the property of Tenant or any other tenant of the Building, may enter the Premises without with such notice to Tenant for which is reasonable under the purpose of protecting life or propertycircumstances. No such Landlord’s entry shall into the Premises is not to be construed to be as a forcible or unlawful entry into, or a detainer of, the Premises, Premises or as an eviction of Tenant from all or any part of the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of any such emergency.
Appears in 1 contract
Landlord’s Entry. Subject to Landlord reserves the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents may during right at all reasonable times and upon at least twenty-four reasonable Notice (24but no less than one business day prior Notice except in the event of an emergency) hours’ prior written notice to Tenant to enter the Premises to: to (ai) inspect the Premises and/or audit Tenant’s records to verify that Tenant has complied with its obligations under this Lease and, subject to any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreementsthem; (b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, and inspect records and data relevant to the Development Services; (cii) show the Premises to prospective purchasers, mortgagees and, or to the lessors designated in ground or underlying leases; (iii) show the Premises to prospective tenant(s) at the Premises (but only during the last final eighteen (18) months of the Term, tenantsLease Term if Tenant does not timely exercise any applicable Option to Extend); (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (eiv) post notices of non-responsibility or responsibility; (v) perform the obligations of Landlord under Section 7.1 and Articles XI and XIII; (vi) to determine whether Tenant is performing its required maintenance and repair of the Premises and other protective notices if available under applicable Lawsobligations hereunder; or (fvii) from time for any other purpose as Landlord may reasonably deem necessary or desirable. Unless an emergency involving the threat of imminent harm to timepersons or any of the Premises exists or the circumstances described in the following sentence exist, undertake Tenant may establish as a condition to Landlord’s entry into the Premises the requirement that a representative of Tenant shall be entitled to accompany Landlord’s employees, agents or contractors at all times that they are present on the Premises and that, if Landlord performs any construction, alteration or repair work at the Premises, Landlord be required to deliver, or cause Landlord’s contractors to deliver, a certificate of insurance evidencing a commercially reasonable amount of commercial general liability insurance coverage naming Landlord as named insured, and naming Tenant as an additional improvements insured thereunder. Notwithstanding anything to the Building as contrary contained in this Article XXIV, Landlord deems reasonably necessary may enter the Premises at any time after Tenant’s receipt of any required Notice to (x) take possession following the occurrence of an Lease Event of Default in the manner provided in Article XIX, and (y) perform Landlord’s obligations under this Lease or any covenants of Tenant that Tenant fails to comply with Lawperform. Landlord may make those entries without the abatement of Rent and may take such reasonable steps as may be necessary to accomplish the stated purposes; Landlord will, however, use commercially reasonable efforts to accomplish each entry as expeditiously as reasonably practicable and in a manner so as to cause as little interference to the conduct of Tenant’s business on the Premises as reasonably possible. For each of the above purposes, Landlord will have at all times keys with which to unlock all the doors in the event of Premises, excluding Tenant’s vaults, safes and special security areas that Tenant designates in advance. In an emergency, Landlord has the right to use any emergency (which means a sudden or unanticipated event which that Landlord may cause injuryreasonably deem proper to open the doors in and to the Premises, loss of life or material damage but such right does not imply an obligation to property) enter respond to any emergency. Any entry into the Premises without notice to Tenant for in the purpose of protecting life or property. No such entry shall be construed to be manner described above in this Article XXIV will not constitute a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Landlord may temporarily close entrances, doors, corridors, elevators The terms of Section 10.4 of this Lease will apply to any damages or other facilities without liability to loss Tenant sustains by reason of such closure in Landlord’s entry into the case Premises on the authority of this Article XXIV. Landlord shall not, during its exercise of any rights under this Lease, unreasonably interfere with Tenant’s use or occupancy of the Premises for the operation of its business, and shall perform any materially, disruptive repair work during non-business hours, when practicable in Landlord’s reasonable discretion (except for emergency repairs). Upon request of Landlord, Tenant shall make available to Landlord such emergencyrepair and maintenance books and records, and existing plans and specifications, as may be reasonably necessary for Landlord to perform any of the actions described in this Section 24.1.
Appears in 1 contract
Landlord’s Entry. Subject to the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents its authorized representatives may during reasonable times and upon at least twenty-four (24) hours’ prior written notice to Tenant enter the Leased Premises to: (a) inspect at any time to inspect, make repairs, replacements and improvements to or installations in the Leased Premises and/or audit or any Building system or facility which Landlord may deem necessary or reasonably desirable or to perform following Tenant’s records failure to verify that Tenant has complied with its obligations make repairs or perform under this Lease andor for the purpose of complying with laws, subject regulations and other directions of governmental authorities or to any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreements; (b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, and inspect records and data relevant to the Development Services; (c) show the Leased Premises to prospective purchasers, mortgagees andinvestors, encumbrancers, tenants (but with respect to tenants, only during the last eighteen twelve (1812) months of the Term, tenants; (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable Laws; parties, or (f) from time to time, undertake additional improvements to the Building as for any other purpose Landlord deems reasonably necessary, and may, in such event, take any necessary materials and equipment into the Leased Premises and store within the Leased Premises such necessary equipment and materials without the same constituting an eviction. Tenant shall not be entitled to perform Landlord’s obligations under this Lease any abatement of Rent while such work is in progress or to comply with Law. Landlord may in the event of any emergency (which means a sudden or unanticipated event which may cause injury, loss of life or material damage to property) enter the Premises without notice to Tenant for the purpose of protecting life or property. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant damages by reason of such closure loss or interruption of business or otherwise. In the event Landlord so enters the Leased Premises, it shall:
(a) except in the case of emergency, give Tenant reasonable advance notice of such entry;
(b) so effect such repairs ( except emergency repairs) and installations and store such equipment and materials as to minimize, so far as practicable, interference with Tenant’s normal business operations (but Landlord shall not be obligated to effect such repairs or installations before or after Business Hours); and
(c) with reasonable promptness, restore the portion of the Leased Premises adversely affected by such repairs or installations. If Tenant is not present to open and permit entry into the Leased Premises, Landlord or its authorized representatives may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property and such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If prior to the expiration of the Term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Leased Premises without limitation or abatement of Rent, or incurring liability to Tenant for any compensation and such emergencyact shall have no effect on this Lease or Tenant’s obligations thereunder.
Appears in 1 contract
Landlord’s Entry. Subject to the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents its authorized representatives may during reasonable times and upon at least twenty-four (24) hours’ prior written notice to Tenant enter the Leased Premises to: (a) inspect at any time to inspect, make repairs, replacements and improvements to or installations in the Leased Premises and/or audit or any Building system or facility which Landlord may deem necessary or reasonably desirable or to perform following Tenant’s records failure to verify that Tenant has complied with its obligations make repairs or perform under this Lease andor for the purpose of complying with laws, subject regulations and other directions of governmental authorities or to any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreements; (b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, and inspect records and data relevant to the Development Services; (c) show the Leased Premises to prospective purchasers, mortgagees andinvestors, encumbrancers, tenants (but with respect to tenants, only during the last eighteen twelve (1812) months of the Term, tenants; (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable Laws; parties, or (f) from time to time, undertake additional improvements to the Building as for any other purpose Landlord deems reasonably necessary, and may, in such event, take any necessary materials and equipment into the Leased Premises and store within the Leased Premises such necessary equipment and materials without the same constituting an eviction. Tenant shall not be entitled to perform Landlord’s obligations under this Lease any abatement of Rent while such work is in progress or to comply with Law. Landlord may in the event of any emergency (which means a sudden or unanticipated event which may cause injury, loss of life or material damage to property) enter the Premises without notice to Tenant for the purpose of protecting life or property. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant damages by reason of such closure loss or interruption of business or otherwise. In the event Landlord so enters the Leased Premises, it shall:
(a) except in the case of emergency, give Tenant reasonable advance notice of such entry;
(b) so effect such repairs (except emergency repairs) and installations and store such equipment and materials as to minimize, so far as practicable, interference with Tenant’s normal business operations (but Landlord shall not be obligated to effect such repairs or installations before or after Business Hours); and
(c) with reasonable promptness, restore the portion of the Leased Premises adversely affected by such repairs or installations. If Tenant is not present to open and permit entry into the Leased Premises, Landlord or its authorized representatives may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property and such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If prior to the expiration of the Term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Leased Premises without limitation or abatement of Rent, or incurring liability to Tenant for any compensation and such emergencyact shall have no effect on this Lease or Tenant’s obligations thereunder.
Appears in 1 contract