Common use of LANDLORD'S RIGHT OF ACCESS Clause in Contracts

LANDLORD'S RIGHT OF ACCESS. Landlord shall have the right with reasonable prior notice to Tenant and at times reasonably convenient to Landlord and Tenant, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurred.

Appears in 3 contracts

Samples: Commencement Agreement (Embassy Bancorp, Inc.), Commencement Agreement (Embassy Bancorp, Inc.), Commencement Agreement (Embassy Bancorp, Inc.)

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LANDLORD'S RIGHT OF ACCESS. Landlord and its agents shall have the right right, after providing Tenant with twenty-four (24) hours advance notice, to (a) enter the Premises at all reasonable prior notice times for the purpose of examining or inspecting the same to Tenant and at times reasonably convenient ascertain if they are in good repair, making such alterations, repairs, improvements or additions to the Premises as Landlord and Tenant, and accompanied by a representative of Tenant may be permitted to make access available hereunder, exhibiting the same to prospective or existing mortgagees or purchasers of and posting notices which Landlord may deem necessary for its protection and (b) at any part time in an emergency. During the six (6) months prior to the end of the Shopping Center term of this lease (and during any period during which Tenant is holding over with or to inspect without the consent of Landlord), Landlord may post the usual “for rent” or “for lease” signs provided that the placement of such signs does not interfere with Tenant’s reasonable use of the Premises. Tenant shall not disturb such signs and shall cooperate with Landlord in exhibiting the Premises to determine if repairs are requiredprospective tenants. If repairs are required Access by Landlord hereunder shall not, under the circumstances, unreasonably interfere with Tenant’s use and enjoyment of the Premises and Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, occupancy or quiet enjoyment arising out of any permitted entry by Landlord. Tenant acknowledges that Landlord may retain a key to the Premises and may, in any emergency, enter the Premises in any manner which Landlord reasonably determines to be made necessary, without liability therefor to Tenant. No entry by Tenant Landlord pursuant to the terms hereof, Landlord may by notice demand that Section shall be deemed to constitute an eviction of Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in a forcible detainer of the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurred.

Appears in 2 contracts

Samples: Lease (Guess Inc), Lease (Guess Inc)

LANDLORD'S RIGHT OF ACCESS. Tenant shall permit Landlord shall have or its agents to enter the right with reasonable Premises during business hours on not less than twenty-four (24) hours prior notice to Tenant and at times reasonably convenient to Landlord and Tenantwritten notice, and accompanied by a representative during the Term or any Renewal Term, for the purpose of Tenant to make access available to prospective inspecting or existing mortgagees or purchasers of any part of the Shopping Center or to inspect showing the Premises to determine persons wishing to purchase the same and, during the aforesaid hours on the aforesaid notice, within six (6) months prior to the expiration of the Term or of any Renewal Term, to persons wishing to rent same, except if repairs are requiredTenant has sent notice to Landlord exercising Tenant's right of first refusal ("Tenant's Notice"). If repairs are required Tenant shall, upon its being given notice of Landlord's desire or intent to sell the Premises and/or within six (6) months prior to the expiration of the Term or any Renewal Term, except if Tenant has sent a Tenant's Notice to Landlord, permit the usual notice of "To Let", "For Rent" and "For Sale" to be made by Tenant pursuant placed at reasonable locations at the exterior of the Complex, upon or adjacent to the terms hereofPremises and remain thereon without hindrance and molestation. Landlord shall also have the right, but not the obligation, to enter the Premises at reasonable times to run utility lines, conduits, ducts and the like, over, under or through the Premises, to cure defaults of Tenant, which have extended beyond the applicable notice and cure periods, and to address emergencies, to perform any act or thing which Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses be obligated or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to do under this Lease or otherwise to service the Premises and/or any other part of the Complex, and to make such required repairs in which event Landlord agrees that it will on demand pay to the Premises and to the Complex, provided that Landlord shall exercise reasonable best efforts to minimize interference of any such activities on Tenant's operations and should such activities prevent Tenant's use of a portion of the Premises, Tenant the cost thereof. In the event shall be entitled to a reduction of an emergency where something is required to be done forthwith in order to avoid damageBasic Rent, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well until such time as the foregoing right of self-help activity shall be carefully and judiciously exercised by either partysubstantially completed, it being understood and agreed that wherever possible, which shall be apportioned from the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect day of the commencement thereof according to the reasonableness part of the expenses thus incurredPremises which is unusable.

Appears in 1 contract

Samples: Lease Agreement (Miix Group Inc)

LANDLORD'S RIGHT OF ACCESS. Landlord shall have the right with Upon reasonable prior notice to notice, Tenant will permit Landlord and its agents at all reasonable times during normal business hours and at times reasonably convenient to Landlord and Tenantany time without notice in case of emergency, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in cause as little disturbance to Tenant as reasonably practicable, (a) to enter into and upon the Premises to inspect and protect the Landlord’s interest therein, (b) to post notices of non-responsibility, (c) to take all required materials and equipment into the Premises), and (d) to perform all required work therein, including the erection of scaffolding, props, or other mechanical devices, for the purpose of making alterations, repairs or additions to the Premises or to any other portion of the Shopping Center. Such work may include, without limitation, work called for by this Lease, or as may be mutually agreed upon by the parties, or as Landlord may be required to make by law or for maintaining any service provided by Landlord to Tenant hereunder, including, but not limited to, window cleaning and janitor service. No such work shall not be responsible cause or permit any rebate of Rent to Tenant for any loss of occupancy or damage to Tenant's business by reason thereof except if such loss or damage arises out quiet enjoyment of the negligence Premises, or damage, injury or inconvenience thereby occasioned, unless due to Landlord’s breach of this Lease. Tenant shall also permit Landlord as provided herein. If Landlord makes and its agents, upon reasonable prior request, to enter the Premises or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost any part thereof, and if it shall default in such paymentat reasonable times during normal business hours to show the Premises to the fee owners, Landlord shall have holders of encumbrances on the remedies provided for the non-payment interest of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms Lease, or prospective purchasers, mortgagees or lessees of the Shopping Center as an entirety, and during the period of six (6) months prior to the expiration date of this Lease, and it fails or refuses Landlord may exhibit the Premises to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant prospective tenants. Landlord shall also have the right to make enter on and/or pass through the Premises, or any part thereof, at such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right times as well as the foregoing right of self-help such entry shall be carefully and judiciously exercised required by either party, it being understood and agreed that wherever possible, circumstances of emergency affecting the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid Premises or any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness other portion of the expenses thus incurredShopping Center.

Appears in 1 contract

Samples: Work Letter Agreement (First Look Studios Inc)

LANDLORD'S RIGHT OF ACCESS. Landlord and its agents, employees and any person authorized by Landlord shall have the right with to enter the Premises (a) at all reasonable prior times during business hours, after reasonable advance notice, for the purpose of examining or inspecting the same to ascertain if they are in good repair, making such alterations, repairs, improvements or additions to the Premises or the Building as Landlord may be required or permitted to make hereunder, exhibiting the Premises to prospective purchasers and posting notices which Landlord may deem necessary for its protection and (b) at any time after reasonable notice to (which may be via telephone) in an emergency, provided that Tenant and at times reasonably convenient to Landlord and Tenant, and accompanied by may require that a representative of Tenant accompany Landlord or Landlord’s contractor during any entry into the Premises. During the six (6) months prior to make access available to prospective or existing mortgagees or purchasers of any part the end of the Shopping Center or to inspect Term, Tenant shall cooperate with Landlord in exhibiting the Premises to determine if repairs are requiredprospective tenants. If repairs are required Landlord shall exercise its rights hereunder in a manner designed to reasonably minimize interference with Xxxxxx’s use and enjoyment of the Premises. Provided that Landlord complies with the restrictions set forth herein, Xxxxxx waives any claim for damages for any injury or inconvenience to or interference with Xxxxxx’s business, occupancy or quiet enjoyment arising out of any permitted entry by Xxxxxxxx. Tenant acknowledges that Landlord will not retain a key to the Premises and may, in any emergency, enter the Premises in any manner which Landlord determines to be made necessary, without liability therefor to Tenant. Landlord acknowledges that special security procedures may be in place at the Premises such that Xxxxxxxx’s entry into the Premises outside of normal business hours without a representative of Tenant or of the local police agency may result in a confrontation with police. No entry by Tenant Landlord pursuant to the terms hereof, Landlord may by notice demand that this Section shall be deemed to constitute an eviction of Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in a forcible detainer of the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurred.

Appears in 1 contract

Samples: Building Lease Agreement

LANDLORD'S RIGHT OF ACCESS. Landlord reserves for itself and its agents the right to enter the Premises (after advance notice except in emergencies and except to perform janitorial services) for purposes reasonably related to Landlord's operation of the Building, including, without limitation: (i) examining or inspecting the same; (ii) providing janitorial and any other service to be provided by Landlord to Tenant hereunder; (iii) showing the same to prospective tenants, purchasers or lenders (or to others who may have a financial interest in the Building) in a reasonable manner; (iv) emergency entry; (v) making such changes or repairs to the Premises or to any other portion of the Building as Landlord may deem necessary or desirable; and (vi) showing the Premises to prospective tenants, during the last one hundred eighty (180) day period before the expiration of the term or before an earlier termination of this Lease; all without being deemed to constitute or cause any eviction of Tenant and without abatement of rent. 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 Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall 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 and safes, and Landlord shall have the right with reasonable prior notice to Tenant use any and at times all means which Landlord may reasonably convenient deem proper to Landlord and Tenantopen said doors in an emergency in order to obtain entry to the Premises, and accompanied any entry to the Premises obtained by Landlord by any of said means shall not under any circumstances be construed or deemed to be a representative forcible or unlawful entry into or a detainer of the Premises, or an eviction of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect from the Premises to determine if repairs are requiredor any portion thereof. If repairs are required to be made by Tenant Whenever Landlord exercises its right of entry pursuant to the terms hereofthis Article X, Landlord may by notice demand that Tenant make shall use its reasonable efforts to maintain the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with confidentiality of Tenant's business operations in the Premises)biomedical research records, and the as required by law. No provision of this Lease shall be construed as obligating Landlord shall not be responsible for to perform any loss repairs, alterations or damage to Tenant's business by reason thereof decorations, except if such loss or damage arises out of the negligence of Landlord as otherwise expressly provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay run utility or other services and facilities through the Premises, whether to service the Premises or other portions of the Building. If, during the last month of the Term hereof, Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have removed substantially all of its property therefrom, Landlord may immediately enter and alter, renovate and redecorate the foregoing right Premises without eliminating or abating any rent hereunder or incurring any liability to Tenant. Tenant's property remaining within the Premises at the time of self-help without the requirement of formal notice; howeversuch entry by Landlord may be warehoused by Landlord at Tenant's sole cost, this emergency right as well as the foregoing right of self-help shall be carefully expense and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredrisk.

Appears in 1 contract

Samples: Facilities Lease (Capricor Therapeutics, Inc.)

LANDLORD'S RIGHT OF ACCESS. Landlord (a) Tenant shall have permit Landlord, or its agents, to enter the right with Demised Premises at all reasonable hours upon reasonable prior notice except in case of emergency (and by force, if necessary under the circumstances) for the purpose of inspecting the same or of performing maintenance or making repairs, alterations or improvements which Tenant is required to perform and neglects or refuses to perform. If Tenant is not personally present to open and permit entry into the Demised Premises whenever entry is necessary by reason of fire or other emergency, Landlord or its agents may forcibly enter the Demised Premises without liability to Tenant and or waiver or modification of Tenant's obligation under this Lease. Tenant agrees to permit Landlord and/or any agent of Landlord to enter the Demised Premises at times reasonably convenient reasonable hours, on reasonable prior notice, to exhibit the Demised Premises in connection with (i) any prospective sale or lease of the entirety of the Land and/or the Improvements; (ii) any prospective securing, refinancing, or assignment of any mortgage affecting the Land or the Improvements; and/or (iii) during the final thirty (30) months of the Term, any prospective leasing of the Demised Premises. Landlord and Tenantshall, and to the extent Tenant makes a representative available for the following purpose, be accompanied by a representative of Tenant in every instance of access to make access available to prospective or existing mortgagees or purchasers the Demised Premises except in the case of any part emergency, in which case Landlord shall be accompanied by an officer of the Shopping Center fire or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant police department, to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence extent such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and officer is immediately available. Notwithstanding anything contained in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such paymentthis Section 13.1, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required right to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant enter portions of the need for such repairs, then Tenant shall have Demised Premises pursuant to and in accordance with this Article 13 and the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredShared Services Agreement.

Appears in 1 contract

Samples: Lease (Credit Suisse First Boston Usa Inc)

LANDLORD'S RIGHT OF ACCESS. Landlord and its agents, contractors, and employees shall have the right with to enter the Premises at all reasonable prior notice hours (unless such entry is reasonably likely to Tenant and adversely affect Tenant’s ability to conduct its business in any substantial or material portion of the Premises or otherwise adversely affect Tenant’s use or occupancy of any substantial or material portion of the Premises, in which event such access shall occur at times reasonably convenient other than Tenant’s business hours, except in the event of an emergency and except for entry by janitorial personnel) upon reasonable advance notice (except that no notice shall be required and Landlord may enter at any time in case of emergency in which event concurrent notice shall be provided to Landlord and Tenantthe extent practicable) for the purpose of inspecting or of making repairs or alterations, to the Premises or the Building or additions to the Building, and accompanied by a representative of Tenant Landlord shall also have the right to make access available at all reasonable hours to prospective or existing mortgagees or purchasers of any part of the Shopping Center Premises or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereofBuilding, provided, however, that in each case, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with shall use commercially reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as efforts to minimize any interference with the conduct of Tenant's ’s business operations in the Premises). To assure access by Landlord to the Premises, and Tenant shall provide Landlord with duplicate copies of all keys used by Tenant in providing access to the Premises. Landlord shall not store any materials in the Premises during the performance of such work except to the extent that such storage does not unreasonably interfere with Tenant’s business and use of the Premises. Any confidential information obtained by Landlord or its agents during such access shall be responsible for any loss or damage treated confidentially. Landlord and its agents, employees and contractors shall use reasonable care with respect to Tenant's business by reason thereof except if such loss ’s personal property located in the Premises. Notwithstanding anything to the contrary set forth herein, neither Landlord, nor Landlord’s agents, representatives, contractors, or damage arises out employees, may enter any portion of the negligence Premises reasonably designated from time to time by Tenant as a security area (not to exceed 2,500 rentable square feet in the aggregate) without being accompanied by a representative of Tenant, except in the case of an emergency, provided that such areas are clearly labeled as such and Landlord is given at least 30 days’ prior written notice of the location of such areas. In connection with any access, repairs, alterations, or other entry into the Premises as provided herein. If Landlord makes permitted under this Article or causes such repairs to be madeotherwise, Tenant agrees that it will forthwith, on demand, pay to Landlord other than in the reasonable cost thereof, and if it shall default in such paymentevent of an emergency, Landlord shall have exercise reasonable diligence so as to minimize the remedies provided for disturbance, but nothing contained herein shall be deemed to require Landlord to perform the nonsame on an overtime or premium pay basis, except that, other than in the event of an emergency, Landlord, at its expense, shall employ contractors or labor at so-payment of rent called overtime or other charges payable hereunder. Likewise, premium pay rates if necessary to make any such repairs are required or alterations to be made by Landlord under hereunder to remedy any condition that (1) results in a denial of reasonable access to any floor of the terms Premises, (2) threatens the health or safety of any occupant of the Premises, or (3) materially interferes with Tenant’s ability to conduct its business in any substantial or material portion of the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions, or improvements, provided Tenant shall pay to Landlord, as additional rent, within thirty (30) days after demand, an amount equal to the difference between (x) the overtime or other premium pay rates, including all fringe benefits and other elements of such pay rates, and (y) the regular pay rates for such labor, including all fringe benefits and other elements of such pay rates. In making any repairs, alterations, additions, or improvements, Landlord shall cause its contractors or labor to cover and secure such repair areas and equipment in such a manner to minimize interference with Tenant’s business operations during Business Hours. Notwithstanding anything to the contrary contained in this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant if more than one occupant of the need Building, including Tenant, is chargeable by Landlord for such repairsthe same overtime costs and expenses relating to the same work for which Tenant is chargeable, then Tenant shall have only be charged for a proportionate share of such overtime costs and expenses, which apportionment shall be based on the right to make amount of overtime work requested by such required repairs in which event Landlord agrees that it will on demand pay parties. For a period commencing twelve (12) months prior to the Tenant expiration of the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damageLease Term, either party shall Landlord may have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect reasonable access to the reasonableness Premises at all reasonable hours and upon reasonable advance notice for the purpose of exhibiting the expenses thus incurredsame to prospective tenants.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (LogMeIn, Inc.)

LANDLORD'S RIGHT OF ACCESS. Landlord may, SUBJECT TO GOVERNMENTAL AND TENANT'S REASONABLE REQUIREMENTS WITH RESPECT TO CONFIDENTIALITY AND SECURITY, during any reasonable time or times AND UPON TWENTY-FOUR (24) HOURS PRIOR NOTICE TO TENANT (unless a suspected emergency), before and after the Lease Commencement Date, enter upon the Leased Premises, any portion thereof and any appurtenance thereto (with laborers and materials, if required) for the purpose of: (i) inspecting the same; (ii) making such repairs, replacements or alterations which it may be required to perform under the provisions of this Lease or which it may deem desirable for the Leased Premises or the Building, including but not limited to repairs and improvements to space above, below and/or on the same floor as the Leased Premises; and (iii) DURING THE LAST NINE (9) MONTHS OF THE TERM OF THIS LEASE, showing the Leased Premises to prospective purchasers or tenants. Landlord agrees to give reasonable notice prior to any such entry except that Landlord may enter without notice in the case of a suspected emergency. In making such an entry, Landlord agrees to use reasonable efforts to avoid interfering with the regular and usual conduct of the Tenant's business. If Tenant shall carpet over the floor of the Leased Premises, Landlord shall have the right with reasonable prior notice to Tenant and at times reasonably convenient to Landlord and Tenant, and accompanied by a representative of Tenant cut such carpeting in order to make access available or install any necessary electrical or telephone equipment or wiring to prospective or existing mortgagees or purchasers of any part service other parts of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereofBuilding, Landlord may by notice demand that Tenant make the same forthwithwithout being held liable therefor, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required carpeting restored in a workmanlike manner and to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a Tenant's reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredsatisfaction.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Apache Medical Systems Inc)

LANDLORD'S RIGHT OF ACCESS. Tenant shall permit Landlord shall have the right with and Landlord’s Parties and Master Lessor at all reasonable times and upon reasonably prior notice to Tenant notice, and at times reasonably convenient to Landlord and Tenantany time without notice in case of emergency, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in cause as little disturbance to Tenant as reasonably practicable (a) to enter into and upon the Premises to inspect them, to protect the Landlord’s interest therein, or to post notices of non-responsibility, (b) to take all necessary materials and equipment into the Premises), and perform necessary work therein, and (c) to perform environmental testing, monitoring, sampling, digging, drilling and analysis for Hazardous Materials on, under or about the Landlord Premises, and to review and copy any documents, materials, data, inventories, financial data, notices or correspondence to or from private parties or governmental authorities in connection therewith. No such work shall not be responsible cause or permit any rebate of Rent to Tenant for any loss of occupancy or damage to Tenant's business by reason thereof except if such loss or damage arises out quiet enjoyment of the negligence of Premises, or damage, injury or inconvenience thereby occasioned. Landlord as provided herein. If Landlord makes may at any time place on or causes such repairs to be madeabout the Building or Project any ordinary “for sale” and “for lease” signs, Tenant agrees that it will forthwithshall also permit Landlord and Landlord’s Parties, on demandupon request, pay to Landlord enter the reasonable cost Premises or any part thereof, and if it shall default in such paymentat reasonable times during normal business hours, Landlord shall have to show the remedies provided for Premises to the non-payment fee owners, lessors of rent or other charges payable hereunder. Likewisesuperior leases, if any repairs are required to be made by holders of encumbrances on the interest of Landlord under the terms Lease, or prospective purchasers, mortgagees or lessees of the Building as an entirety. During the period of twelve (12) months prior to the Expiration Date of this Lease, Landlord may exhibit the Premises to prospective tenants. Notwithstanding anything to the contrary contained in this Lease, any entry by Landlord and it fails or refuses to make such repairsLandlord’s Parties shall not impair Tenant’s operations more than reasonably necessary, within a reasonable time after notice from Tenant of the need for such repairs, then and Tenant shall have the right to make such required repairs in which event have an employee accompany Landlord agrees and/or its agents at all times that it will Landlord and/or its agents are present on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredPremises.

Appears in 1 contract

Samples: Lease Agreement (Palmsource Inc)

LANDLORD'S RIGHT OF ACCESS. Landlord reserves for itself and its agents the right to enter the Premises (after advance notice except in emergencies and except to perform janitorial services) for purposes reasonably related to Landlord’s operation of the Buildings, including, without limitation: (i) examining or inspecting the same; (ii) providing janitorial and any other service to be provided by Landlord to Tenant hereunder; (iii) showing the same to prospective tenants, purchasers or lenders (or to others who may have a financial interest in the Buildings) in a reasonable manner; (iv) emergency entry; (v) making such changes or repairs to the Premises or to any other portion of the Buildings as Landlord may deem necessary or desirable; and (vi) showing the Premises to prospective tenants, during the last one hundred eighty (180) day period before the expiration of the term or before an earlier termination of this Lease; all without being deemed to constitute or cause any eviction of Tenant and without abatement of rent. 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 Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall 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 and safes, and Landlord shall have the right with reasonable prior notice to Tenant use any and at times all means which Landlord may reasonably convenient deem proper to Landlord and Tenantopen said doors in an emergency in order to obtain entry to the Premises, and accompanied any entry to the Premises obtained by Landlord by any of said means shall not under any circumstances be construed or deemed to be a representative forcible or unlawful entry into or a detainer of the Premises, or an eviction of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect from the Premises to determine if repairs are requiredor any portion thereof. If repairs are required to be made by Tenant Whenever Landlord exercises its right of entry pursuant to the terms hereofthis Article X, Landlord may shall use its reasonable efforts to maintain the confidentiality of Tenant’s biomedical research records, as required by notice demand that Tenant make the same forthwithlaw. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, and if Tenant refuses alterations or neglects to commence such repairs and complete the same with reasonable dispatchdecorations, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner except as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as otherwise expressly provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay run utility or other services and facilities through the Premises, whether to service the Premises or other portions of the Buildings. If, during the last month of the Term hereof, Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have removed substantially all of its property therefrom, Landlord may immediately enter and alter, renovate and redecorate the foregoing right Premises without eliminating or abating any rent hereunder or incurring any liability to Tenant. Tenant’s property remaining within the Premises at the time of self-help without the requirement of formal notice; howeversuch entry by Landlord may be warehoused by Landlord at Tenant’s sole cost, this emergency right as well as the foregoing right of self-help shall be carefully expense and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredrisk.

Appears in 1 contract

Samples: Facilities Lease (Capricor Therapeutics, Inc.)

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LANDLORD'S RIGHT OF ACCESS. Landlord Landlord, its agents, servants and employees shall have the right to enter the Demised Premises during business hours (or any time in the event of an emergency after such notice, if any, as is feasible under the circumstances), with reasonable prior frequency, upon reasonable notice to Tenant and at times reasonably convenient to Landlord and in the presence of Tenant, and accompanied by a representative 's personnel (except in the event of Tenant to make access available to prospective or existing mortgagees or purchasers an emergency) for the purpose of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make inspecting the same forthwith, and if to ascertain whether Tenant refuses or neglects to commence such repairs and complete is performing the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms covenants of this Lease, and it fails during business hours or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs otherwise in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is need, under special arrangements with Tenant, for the purpose of making required repairs, alterations, improvements or additions, and Landlord shall be allowed to take all materials into and upon the Demised Premises that may be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help required therefor without the requirement same constituting an eviction of formal notice; howeverTenant in whole or in part, this emergency right and, except as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possibleotherwise provided herein, the party initially responsible for taking Base Rent shall in no way axxxx while said repairs are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect work except to the reasonableness extent such prosecution renders more than ten percent (10%) of Tenant's Rentable Area unusable for Tenant's normal operations for a period of more than one business day. Landlord agrees to cause as little inconvenience as reasonably possible to Tenant in connection therewith. During the one hundred eighty (180) days preceding the expiration of the expenses thus incurredTerm, Tenant shall permit Landlord or Landlord's agents to show the Demised Premises to prospective tenants with reasonable frequency during business hours upon reasonable notice to Tenant and in the presence of Tenant's personnel and to place and keep in one or more conspicuous places within the parking/landscaped area of the Property, not interfering with Tenant's use of the Property, a sign in the usual form "To Let", and at any time a sign in the usual form "For Sale", which signs Tenant shall permit to remain thereon without molestation.

Appears in 1 contract

Samples: Lease (SBS Technologies Inc)

LANDLORD'S RIGHT OF ACCESS. Landlord or its authorized agents shall at any and all reasonable times have the right to enter the Premises at all reasonable hours to inspect the same, or to perform any obligation of Landlord hereunder, or to show the Premises to prospective purchasers, lenders or tenants, all without being deemed guilty of an eviction of Tenant and without abatement of Rent; provided the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages for any injury or inconveniences to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby resulting from Landlord’s exercise of its rights hereunder, except to the extent caused by the negligent acts, willful misconduct or breach of this Lease by Landlord or any of its agents, employees, contractors or representatives. For each of the aforesaid purposes, Landlord shall 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 and safes. Landlord shall have the right to use any and all means which Landlord may deem proper to open any door(s) in an emergency without liability therefor. In exercising its rights hereunder, Landlord shall comply with reasonable prior notice to Tenant all applicable laws (including, without limitation, the Health Insurance Portability and at times reasonably convenient to Landlord and TenantAccountability Act of 1996, as amended, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwithall related regulations), and if Tenant refuses any standard or neglects to commence such repairs and complete the same requirements of The Joint Commission or similar body with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with oversight over Tenant's business ’s operations in the Premises), and the Landlord shall not be responsible for enter any loss patient rooms or damage to treatment areas without Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein’s approval. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event accompany Landlord agrees that it will on demand pay and its agents, employees, contractors, lenders, prospective purchasers, lenders and tenants whenever they enter the Premises, and Landlord shall coordinate with Tenant prior to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredexercising its rights hereunder.

Appears in 1 contract

Samples: Lease Agreement (Global Medical REIT Inc.)

LANDLORD'S RIGHT OF ACCESS. Tenant shall permit Landlord shall have the right with and Landlord’s Parties and Master Lessor at all reasonable times and upon reasonably prior notice to Tenant notice, and at times reasonably convenient to Landlord and Tenantany time without notice in case of emergency, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in cause as little disturbance to Tenant as reasonably practicable (a) to enter into and upon the Premises to inspect them, to protect the Landlord’s interest therein, or to post notices of non-responsibility, (b) to take all necessary materials and equipment into the Premises), and perform necessary work therein, and (c) to perform environmental testing, monitoring, sampling, digging, drilling and analysis for Hazardous Materials on, under or about the Landlord Premises, and to review and copy any documents, materials, data, inventories, financial data, notices or correspondence to or from private parties or governmental authorities in connection therewith. No such work shall not be responsible cause or permit any rebate of Rent to Tenant for any loss of occupancy or damage to Tenant's business by reason thereof except if such loss or damage arises out quiet enjoyment of the negligence of Premises, or damage, injury or inconvenience thereby occasioned. Landlord as provided hereinmay at any time place on or about the Building or Project any ordinary “for sale” and “for lease” signs. If Tenant shall also permit Landlord makes and Landlord’s Parties, upon request, to enter the Premises or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost any part thereof, and if it shall default in such paymentat reasonable times during normal business hours, Landlord shall have to show the remedies provided for Premises to the non-payment fee owners, lessors of rent or other charges payable hereunder. Likewisesuperior leases, if any repairs are required to be made by holders of encumbrances on the interest of Landlord under the terms Lease, or prospective purchasers, mortgagees or lessees of the building as an entirety. During the period of twelve (12) months prior to the Expiration Date of this Lease, Landlord may exhibit the Premises to prospective tenants. Notwithstanding anything to the contrary contained in this Lease, any entry by Landlord and it fails or refuses to make such repairsLandlord’s Parties shall not impair Tenant’s operations more than reasonably necessary, within a reasonable time after notice from Tenant of the need for such repairs, then and Tenant shall have the right to make such required repairs in which event have an employee accompany Landlord agrees and/or its agents at all times that it will Landlord and/or its agents are present on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredPremises.

Appears in 1 contract

Samples: Lease Agreement (Palm Inc)

LANDLORD'S RIGHT OF ACCESS. Landlord and its agents, contractors, and employees shall have the right with to enter the Premises at all reasonable prior notice hours (unless such entry is reasonably likely to Tenant and adversely affect Tenant’s ability to conduct its business in any substantial or material portion of the Premises or otherwise adversely affect Tenant’s use or occupancy of any substantial or material portion of the Premises, in which event such access shall occur at times reasonably convenient other than Tenant’s business hours, except in the event of an emergency and except for entry by janitorial personnel) upon reasonable advance notice (except that no notice shall be required and Landlord may enter at any time in case of emergency in which event concurrent notice shall be provided to Landlord and Tenantthe extent practicable) for the purpose of inspecting or of making repairs or alterations, to the Premises or the Building or additions to the Building, and accompanied by a representative of Tenant Landlord shall also have the right to make access available at all reasonable hours to prospective or existing mortgagees or purchasers of any part of the Shopping Center Premises or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereofBuilding, provided, however, that in each case, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with shall use commercially reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as efforts to minimize any interference with the conduct of Tenant's ’s business operations in the Premises). To assure access by Landlord to the Premises, and Tenant shall provide Landlord with duplicate copies of all keys used by Tenant in providing access to the Premises. Landlord shall not store any materials in the Premises during the performance of such work except to the extent that such storage does not unreasonably interfere with Tenant’s business and use of the Premises. Any confidential information obtained by Landlord or its agents during such access shall be responsible for any loss or damage treated confidentially. Landlord and its agents, employees and contractors shall use reasonable care with respect to Tenant's business by reason thereof except if such loss ’s personal property located in the Premises. Notwithstanding anything to the contrary set forth herein, neither Landlord, nor Landlord’s agents, representatives, contractors, or damage arises out employees, may enter any portion of the negligence Premises reasonably designated from time to time by Tenant as a security area (not to exceed 2,500 rentable square feet in the aggregate) without being accompanied by a representative of Tenant, except in the case of an emergency, provided that such areas are clearly labeled as such and Landlord is given at least thirty (30) days’ prior written notice of the location of such areas. In connection with any access, repairs, alterations, or other entry into the Premises as provided herein. If Landlord makes permitted under this Article or causes such repairs to be madeotherwise, Tenant agrees that it will forthwith, on demand, pay to Landlord other than in the reasonable cost thereof, and if it shall default in such paymentevent of an emergency, Landlord shall have exercise reasonable diligence so as to minimize the remedies provided for disturbance, but nothing contained herein shall be deemed to require Landlord to perform the nonsame on an overtime or premium pay basis, except that, other than in the event of an emergency, Landlord, at its expense, shall employ contractors or labor at so-payment of rent called overtime or other charges payable hereunder. Likewise, premium pay rates if necessary to make any such repairs are required or alterations to be made by Landlord under hereunder to remedy any condition that (1) results in a denial of reasonable access to any floor of the terms Premises, (2) threatens the health or safety of this Leaseany occupant of the Premises, or (3) materially interferes with Tenant’s ability to conduct its business in any substantial or material portion of the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions, or improvements, provided Tenant shall pay to Landlord, as additional rent, within thirty (30) days after demand, an amount equal to the difference between (x) the overtime or other premium pay rates, including all fringe benefits and other elements of such pay rates, and it fails or refuses to make (y) the regular pay rates for such labor, including all fringe benefits and other elements of such pay rates. In making any repairs, within alterations, additions, or improvements, Landlord shall cause its contractors or labor to cover and secure such repair areas and equipment in such a reasonable time after notice from Tenant manner to minimize interference with Tenant’s business operations during Business Hours. For a period commencing eighteen (18) months prior to the expiration of the need for such repairsLease Term, then Tenant shall Landlord may have the right to make such required repairs in which event Landlord agrees that it will on demand pay reasonable access to the Tenant Premises at all reasonable hours and upon reasonable advance notice for the cost thereof. In purpose of exhibiting the event of an emergency where something is required same to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredprospective tenants.

Appears in 1 contract

Samples: Possession and Attornment Agreement (LogMeIn, Inc.)

LANDLORD'S RIGHT OF ACCESS. Landlord Landlord, its agents, servants and employees shall have the right to enter the Demised Premises during business hours, with reasonable prior notice to Tenant and at times reasonably convenient to Landlord and Tenantfrequency, and accompanied by a representative for the purpose of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make inspecting the same forthwith, and if to ascertain whether Tenant refuses or neglects to commence such repairs and complete is performing the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms covenants of this Lease, and it fails during business hours or refuses to make such otherwise in the event of need, under special arrangements with Tenant, for the purpose of making required repairs, within a reasonable time after notice from alterations, improvements or additions, and Landlord shall be allowed to take all material into and upon the Demised Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part, and, except as otherwise provided, the rent reserved shall in nowise abate while said repairs are being xxxx by reason of loss or interruption of the need for business of Tenant because of the prosecution of any such repairswork. Landlord agrees to cause as little inconvenience as reasonably possible to Tenant in connection therewith. During the one hundred eighty (180) days preceding the expiration of this Lease, then Tenant shall permit Landlord or Landlord's agents to show the Demised Premises to prospective tenants with reasonable frequency during business hours and to place and keep in one or more conspicuous places upon the exterior of the Demised Premises, not interfering with Tenant's use of the Demised Premises, a notice in the usual form "To Let", and a notice in the usual form "For Sale", which notices Tenant shall permit to remain thereon without molestation. Landlord and/or their agents, servants and employees and governmental authorities shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay enter the Demised Premises during business hours for the purpose of conducting the remediation pursuant to the Tenant the cost thereof. In the event of an emergency where something is required Plan, as it may be modified from time to be done forthwith in order to avoid damagetime, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredinspections related thereto.

Appears in 1 contract

Samples: Lease Agreement (Westland Development Co Inc)

LANDLORD'S RIGHT OF ACCESS. Landlord Tenant shall have permit Landlord, or its agents, to enter the right with Demised Premises at all reasonable hours upon reasonable prior notice except in case of emergency (and by force, if necessary under the circumstances) for the purpose of inspecting the same or of performing maintenance or making repairs, alterations or improvements which Tenant is required to perform and neglects or refuses to perform. If Tenant is not personally present to open and permit entry into the Demised Premises whenever entry is necessary by reason of fire or other emergency, Landlord or its agents may forcibly enter the Demised Premises without liability to Tenant and or waiver or modification of Tenant's obligation under this Lease. Tenant agrees to permit Landlord and/or any agent of Landlord to enter the Demised Premises at times reasonably convenient reasonable hours, on reasonable prior notice, to exhibit the Demised Premises in connection with (i) any prospective sale or lease of the entirety of the Land and/or the Improvements; (ii) any prospective securing, refinancing, or assignment of any mortgage affecting the Land or the Improvements; and/or (iii) during the final thirty (30) months of the Term, any prospective leasing of the Demised Premises. Landlord and Tenantshall, and to the extent Tenant makes a representative available for the following purpose, be accompanied by a representative of Tenant in every instance of access to make access available to prospective or existing mortgagees or purchasers the Demised Premises except in the case of any part emergency, in which case Landlord shall be accompanied by an officer of the Shopping Center fire or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant police department, to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence extent such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and officer is immediately available. Notwithstanding anything contained in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such paymentthis Section 13.1, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required right to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant enter portions of the need for such repairs, then Tenant shall have Demised Premises pursuant to and in accordance with the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredShared Services Agreement.

Appears in 1 contract

Samples: Credit Suisse First Boston Usa Inc

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