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

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at Landlord’s sole expense and sole discretion, Landlord may enter upon the Premises (without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Laws.

Appears in 2 contracts

Samples: Lease Agreement (Susser Holdings CORP), Master Lease Agreement (CrossAmerica Partners LP)

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LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseUpon reasonable notice, at Landlord’s sole expense and sole discretionfrom time to time during normal business hours, such persons as Landlord may or any assignee of Landlord shall designate shall have the right to enter upon the Premises (without interfering with and to inspect same, exhibit the Premises to prospective purchasers and mortgagees, and examine Tenant’s business 's books and operations on records pertaining to the Premises) , insurance policies, certificates of occupancy and make any inspectionother documents, testsrecords and permits in Tenant's possession with respect to the Premises, boringsall of which shall be customary and adequate and reasonably satisfactory to Landlord, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Providedprovided, however, that such activities by Landlord shall be conducted in such a manner as not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of business by Tenant at the Premises. If no Event of Default exists hereunder, any such inspections shall be at the expense of Landlord. If an Event of Default exists hereunder, such inspections shall be at the reasonable expense of Tenant’s business. Notwithstanding any other provisions During the final one (1) year of this Lease to the contraryTerm, Landlord shall be solely responsible for entitled to place customary "For Rent" or "For Sale" signs on the Premises. Such persons as Landlord or any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct assignee of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant designate shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include also have the right to inspect Tenant’s records required enter upon the Premises for the purpose of making repairs which Landlord is authorized to be maintained pursuant make under the provisions of this Lease. In the event of an Event of Default under the Credit Agreement the Agent shall have the right to Environmental Lawsenter onto the Premises for purposes of removing collateral in which the Agent holds a perfected first priority security interest, provided that such removal does not impair the structural integrity of the Premises, and the Agent shall repair any damage to the Premises caused by such removal.

Appears in 2 contracts

Samples: Lease Agreement (Caterair International Inc /Ii/), Lease (Caterair International Inc /Ii/)

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord's Agents shall have the right to enter the Premises at all reasonable times upon reasonable notice to Tenant, except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or maintenance and repairs, to perform Tenant's obligations as permitted herein when Tenant has been a Material Releasefailed to do so and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Term, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering being deemed to have caused an eviction of Tenant and without any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and in exercising its rights set forth herein, Landlord shall endeavor to cause the least possible interference with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises's business. Landlord shall select at all times have the right to retain a qualified environmental consultant key which unlocks all of the doors in the Premises, excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right to complete such tasks use any and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the Premises, and any entry to the Premises so obtained by Landlord or Landlord's Agents shall not conduct under any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall circumstances be deemed to require Landlord to conduct any such testingbe a forcible or unlawful entry into, measurementor a detainer of, investigation the Premises, or assessment. Landlord shall give an eviction of Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have from the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises.

Appears in 2 contracts

Samples: Cupertino Master Lease Agreement (Adforce Inc), Cupertino Master Lease Agreement (Adforce Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord shall retain duplicate keys to all doors of the Demised Premises and Landlord and its agents, employees and independent contractors shall have the right to enter the Demised Premises at Landlord’s sole expense reasonable hours to inspect and sole discretionexamine same, Landlord may enter upon to make repairs, additions, alterations, and improvements, to exhibit the Demised Premises (without interfering to mortgagees, prospective mortgagees, purchasers or tenants, and to inspect the Demised Premises to ascertain that Tenant is complying with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise all of its reasonable judgment covenants and obligations hereunder, all without being liable to Tenant in order to determine the presence of Hazardous Materials. Providedany manner whatsoever for any damages arising therefrom; provided, however, that Landlord shall, except in case of emergency, afford Tenant such prior notification of an entry into the Demised Premises as shall not conduct be reasonably practicable under the circumstances and shall use all reasonable efforts to avoid causing any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on disruption of the Demised Premises. Landlord shall select a qualified environmental consultant be allowed to complete take into and through the Demised Premises any and all materials that may be required to make such tasks and repairs, additions, alterations or improvements. During such time as such work is being carried on in or about the Demised Premises, the Rent provided herein shall not conduct xxxxx, and Tenant waives any claim or cause of action against Landlord for damages by reason of interruption of Tenant's business or loss of profits therefrom because of the prosecution of any such inspections work or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s businesspart thereof. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent permitted to designate not more than 5,000 square feet of the Demised Premises as safe or emergency conditionsconfidential areas or locked computer rooms to be known as "Locked Documentation Rooms", to which Landlord shall have no access, unless accompanied by Tenant's authorized representatives. Tenant must designate such spaces as "Locked Documentation Rooms" by written notice to Landlord, and such status shall only be provided with a copy of each report setting forth the results of any test performed effective after receipt by Landlord promptly upon receiptof such written notice. Landlord’s right , when accompanied by Tenant's representative may inspect any Locked Documentation Rooms during Tenant's normal business hours after giving Tenant reasonable prior notice requesting such an inspection. In emergency where immediate access to such rooms is necessary, Landlord may, after being unable to locate an employee of entry and inspection Tenant using all reasonable means, gain access to a Locked Documentation Room by using force. Landlord shall include the right not be responsible for providing janitorial services with respect to inspect Tenant’s records required any Locked Documentation Room. Landlord shall not receive copies of keys, pass cards or cipher lock combinations to be maintained pursuant to Environmental LawsLocked Documentation Rooms.

Appears in 2 contracts

Samples: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord, Mortgagee, and their respective designees, shall have the right to enter the Premises, and any part of the Premises, at Landlord’s sole expense any time during normal business hours and sole discretion, Landlord may enter upon any part of the Premises on two (without interfering 2) Business Days’ advance notice (except in the case of an emergency, in which case no advance notice shall be required) and to inspect the same, post notices of non-responsibility, monitor construction, perform appraisals, and perform environmental site assessments and engineering studies, and during the last eighteen (18) months of the Term or at any time after an Event of Default, exhibit the Premises or any Site to prospective tenants, purchasers and mortgagees, and examine Tenant’s books and records located at and pertaining to the Premises, insurance policies, certificates of occupancy and other documents, records and permits in Tenant’s possession at the Premises with respect to the Premises, to the extent that such documents are of the type customarily reviewed by landlords of properties substantially similar to the Premises. Any entry onto the Premises pursuant to this paragraph 18, and any other entry onto the Premises by Landlord, any Mortgagee or any of their respective designees pursuant to this Lease, shall be made subject to and in accordance with the terms of this paragraph 18. Tenant shall have the right to accompany Landlord, Mortgagee and any of their respective designees in connection with any entry by such Person(s) at the Premises, and Landlord, Mortgagee and their respective designees shall comply with Tenant’s reasonable safety and security rules and requirements in connection with any such entry. Any such entry by Landlord, Mortgagee or any designee thereof shall be conducted in a manner which does not unreasonably interfere with Tenant’s ability to conduct its business operations at the Premises, and, to the extent that entry by such parties into certain portions of the Premises would interfere with Tenant’s business therein (or violate Tenant’s reasonable safety and operations on the Premises) security rules and make any inspectionrequirements), tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise Tenant may reasonably limit entry into such portions of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks hereby indemnifies and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with defend and coordinate hold harmless Tenant and its partners, members, partners or members of such actions with Tenant’s environmental team. In conducting partners and members and their respective heirs, executors, administrators, personal or legal representatives, successors and assigns from and against any such inspectionsand all claims, and testingexpenses, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses losses and liabilities (including reasonable attorneys’ fees) with respect to physical damage or liabilities that arise personal injury to the extent resulting from Landlord’s or its agents’ or representatives’ action on the Premises, which may at any time be asserted against or suffered by Tenant as a result of, on account of, or arising from Landlord or its agents or representatives entering the Premises pursuant to the terms of this paragraph 18. If Landlord, Mortgagee or any designee thereof, in the course of gaining access to the Premises pursuant to this Lease, is exposed to or acquires information which is proprietary to or confidential to Tenant or its Affiliates, or to third parties to whom Tenant owes a duty of confidentiality, then Landlord shall cause such information to be held in strict confidence and none of Landlord’s inspections , any Mortgagee nor any designee thereof shall copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give or disclose such information to third parties or use such information for any purposes whatsoever that are not specifically related to this Lease and testing to the extent attributable to tenancy created hereunder. The terms of the negligence foregoing sentence shall survive the expiration or misconduct earlier termination of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Solo Cup Owings Mills Holdings), Lease Agreement (Solo Cup CO)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord shall retain duplicate keys to ------------------------- all doors of the Demised Premises and Landlord and its agents, employees and independent contractors shall have the right to enter the Demised Premises at Landlord’s sole expense reasonable hours to inspect and sole discretionexamine same, Landlord may enter upon to make repairs, additions, alterations, and improvements, to exhibit the Demised Premises (without interfering to mortgagees, prospective mortgagees, purchasers or tenants, and to inspect the Demised Premises to ascertain that Tenant is complying with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise all of its reasonable judgment in order to determine the presence of Hazardous Materials. Providedcovenants and obligations hereunder; provided, however, that Landlord shall, except in case of emergency, afford Tenant such prior notification of an entry into the Demised Premises as shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on be reasonably practicable under the Premisescircumstances. Landlord shall select a qualified environmental consultant be allowed to complete take into and through the Demised Premises any and all materials that may be required to make such tasks and repairs, additions, alterations or improvements. During such time as such work is being carried on in or about the Demised Premises, the Rent provided herein shall not conduct xxxxx, and Tenant shall have no claim or cause of action against Landlord for damages by reason of interruption of Tenant's business or loss of profits therefrom because of the prosecution of any such inspections work or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. part thereof provided Landlord shall give Tenant a minimum of five (5) days written notice prior use all reasonable efforts in connection with such work to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have minimize the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct disruption of Tenant’s business's business within the Demised Premises. Notwithstanding any other provisions of this Lease the foregoing to the contrary, if Landlord shall be solely responsible for any costsfail to use such reasonable efforts and Tenant's business is disrupted within the Demised Premises on account thereof, claimsand Landlord fails to use such reasonable efforts within one business day after actual receipt by Landlord of written notice to Landlord from Tenant specifying such disruption in reasonable detail, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing then Base Rental shall xxxxx equitably with respect to the extent attributable to portion of the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth Demised Premises affected by such disruption commencing on the results of any test performed second business day after such actual receipt by Landlord promptly upon receipt. Landlord’s right and continuing thereafter until Landlord shall use all reasonable efforts in connection with such work to minimize the disruption of entry and inspection shall include Tenant's business within the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsDemised Premises.

Appears in 2 contracts

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

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord’s Agents shall have the right to enter the Premises at all reasonable times upon twenty four (24) hours’ Notice to Tenant (except for emergencies or to provide janitorial services, in which case no Notice shall be required) to inspect the Premises, to take samples and conduct environmental investigations, to post notices of non-responsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to perform Landlord’s obligations under this Lease, to perform Tenant’s obligations as permitted herein when Tenant has been a Material Releasefailed to do so to exercise Landlord’s rights under this Lease and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Term, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be being deemed to require Landlord have caused an eviction of Tenant and without any liability to conduct any such testing, measurement, investigation Tenant or assessmentabatement of Rent. Landlord shall give Tenant a minimum The above rights are subject to reasonable security regulations of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testingin exercising its rights set forth herein, Landlord shall not unduly interrupt or interfere use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business. Notwithstanding Landlord shall at all times have the right to retain a key which unlocks all of the doors in the Premises, excluding Tenant’s vaults and safes, and Landlord and Landlord’s Agents shall have the right to use any other provisions of this Lease and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the contraryPremises, Landlord shall be solely responsible for and any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing entry to the extent attributable to the negligence or misconduct of Premises so obtained by Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant Agents shall not under any circumstances be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required deemed to be maintained pursuant to Environmental Lawsa forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises.

Appears in 2 contracts

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

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseThe Landlord and its authorized representatives shall be entitled to enter the Premises at any reasonable time during the Tenant’s usual business hours, after giving the Tenant at Landlord’s sole expense and sole discretionleast twenty-four (24) hours’ oral or written notice thereof, Landlord may enter upon (a) to inspect the Premises, (b) during the last twelve (12) months of the Term, to exhibit the Premises (without interfering with Tenant’s business i) to any existing or prospective purchaser or Mortgagee thereof, or (ii) to any prospective tenant thereof, provided that in doing so the Landlord and operations on each such invitee observes all reasonable safety standards and procedures which the Tenant may require, and (c) to make any repair thereto and/or to take any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, that in any situation in which, due to an emergency or otherwise, the Landlord reasonably believes the physical condition of the Premises) and make , the Building or any inspectionpart of the Project would be unreasonably jeopardized unless the Landlord were to take such action immediately, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct be required to give such notice to the Tenant and may enter the same at any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental teamtime). Nothing herein in this section shall be deemed to require impose any duty on the Landlord to conduct make any such testing, measurement, investigation repair or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting take any such inspectionaction, tests, borings, measurements, investigation or assessment, so that Tenant may and the Landlord’s performance thereof shall not constitute a waiver of the Landlord’s right hereunder to have the opportunity to be present and to receive split test samples and/or to observe Tenant perform such testingwork. Provided that the Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspectionsdiligently proceeds with, and testinguses commercially reasonable efforts to minimize disruption to the Tenant during the performance of, such repairs or the taking of such action, the Landlord shall not unduly interrupt be liable to the Tenant for any inconvenience, annoyance, disturbance, loss of business or interfere with other damage sustained by the conduct Tenant by reason of the making of such repairs, the taking of such action or the bringing of materials, supplies and equipment upon the Premises during the course thereof, and the Tenant’s business. Notwithstanding any other provisions of obligations under this Lease to the contrary, Landlord shall not be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsaffected thereby.

Appears in 2 contracts

Samples: Office Lease (Millennial Media Inc.), Sublease (Millennial Media Inc.)

LANDLORD'S RIGHT OF ENTRY. If there has been Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Material ReleaseTenant escort (if Tenant makes the escort reasonably available), at after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s sole expense and sole discretion, Landlord may enter upon the Premises (without interfering good faith efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s business operations (except in a case of emergency in which event Landlord may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and operations on to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises) , and make to do any inspection, tests, borings, measurements, investigation other act or assessment Landlord deems thing necessary in for the exercise safety or preservation of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct Premises or Project if any soil borings excavation or other invasive testing procedures unless there has been a Material Release construction is undertaken or Landlord has a reasonable basis is about to suspect there has been a Material Release be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the The nature of Tenant’s environmental teambusiness is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. Nothing herein shall be deemed In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to conduct sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any such testingareas so designated. Regardless of whether Landlord signs a confidentiality agreement, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with use reasonable efforts and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with due diligence to maintain all information obtained by an entry in the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises in strict confidence.

Appears in 2 contracts

Samples: Lease (Neurocrine Biosciences Inc), Lease (Neurocrine Biosciences Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord and Landlord's agents shall have the right to enter the Premises at all times, at Landlord’s sole expense to examine the same and sole discretionto make such repairs or alterations, decorations, additions or improvements as Landlord may enter reasonably deem necessary or desirable, including without limitation the use and maintenance of pipes and conduits in and through the Premises, and Landlord and Landlord's agents shall be allowed to take all material into and upon the Premises (that may be required therefor without interfering the same constituting an eviction of Tenant in whole or in part, and subject to the provisions of Article 10, the Base Annual Rent reserved shall in no way abatx xxxle said repairs, alterations, decorations, additions or improvements are being made, by reason of inconvenience, annoyance or injury to the business of Tenant because of the prosecution of any such work, or otherwise. Landlord and Landlord's agents are expressly granted permission to inspect the Premises at any reasonable time and to show the Premises at any reasonable time to prospective tenants, mortgagees, purchasers, lessees of the Building or Project and other persons with Tenant’s a business interest therein. If Tenant shall not be personally present to open and operations on permit Landlord's entry into the Premises) , at any time, when for any reason entry therein shall be necessary or permissible hereunder, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall observe all applicable laws and make requirements under this Lease and accord reasonable care to Tenant's property), and without in any inspectionmanner affecting the obligations, teststerms, boringscovenants, measurementsconditions, investigation provisions or assessment Landlord deems necessary in the exercise agreements of its reasonable judgment in order to determine the presence of Hazardous Materialsthis Lease. ProvidedNothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Project or the Building or any part thereof, other than as otherwise provided in this Lease. Notwithstanding any provision in this Article 13 to the contrary, Landlord agrees to provide Tenant with at least 24 hours prior notice (except when Landlord reasonably determines that an emergency situation exists) and Tenant shall have the right to accompany Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord's employees, agents, contractors and representatives when Landlord has a reasonable basis to suspect there has been a Material Release on enters the Premises. Landlord shall select a qualified environmental consultant use reasonable efforts to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with accommodate Tenant's desire to have all entry into the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises during normal business hours.

Appears in 1 contract

Samples: Lease (Smartflex Systems Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been Landlord and Landlord's agents shall have the right to enter the Premises at all reasonable times, to examine the same and to make such repairs or alterations, decorations, additions or improvements as Landlord may reasonably deem necessary, including without limitation the use and maintenance of pipes and conduits in and through the Premises, and Landlord and Landlord's agents shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part, and subject to the provisions of Article 10, the Base Annual Rent reserved shall in no way abatx xxxle said repairs, alterations, decorations, additions or improvements are being made by reason of inconvenience, annoyance or injury to the business of Tenant because of the prosecution of any such work, or otherwise. Landlord and Landlord's agents are expressly granted permission to inspect the premises at any reasonable time and to show the Premises at any reasonable time to prospective tenants, mortgagees, purchasers, lessees of the Building or Project and other persons with a Material Releasebusiness interest therein. If, at Landlord’s sole expense and sole discretionduring the last month of the Term, Tenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may immediately enter upon the Premises (without interfering with Tenant’s business and operations on alter, renovate and redecorate the Premises) , without elimination or abatement of Rent or other compensation, and make such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any inspectiontime, testswhen for any reason entry therein shall be reasonably necessary or permissible hereunder, boringsLandlord or Landlord's agents may enter the same by a master key, measurementsor may forcibly enter the same, investigation without rendering Landlord or assessment such agents liable therefor (if during such entry Landlord deems necessary or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the exercise obligations, terms, covenants, conditions, provisions or agreements of its reasonable judgment in order to determine the presence of Hazardous Materialsthis Lease. ProvidedNothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Project or the Building or any part thereof, other than as otherwise provided in this Lease. Notwithstanding any provision in this Article 13 to the contrary, Landlord agrees to provide Tenant with at least 24 hours prior notice (except when Landlord reasonably determines that an emergency situation exists) and Tenant shall have the right to accompany Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord's employees, agents, contractors and representatives when Landlord has a reasonable basis to suspect there has been a Material Release on enters the Premises. Landlord shall select a qualified environmental consultant use reasonable efforts to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with accommodate Tenant's desire to have all entry into the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises during normal business hours.

Appears in 1 contract

Samples: California Microwave Inc

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord shall retain duplicate keys to all doors of the Premises and Landlord and its agents, employees and independent contractors shall have the right to enter the Premises at Landlord’s sole expense reasonable hours to inspect and sole discretionexamine same, to make repairs, additions, alterations, and improvements to exhibit the Premises to mortgagees, prospective mortgagees, purchasers, tenants or invitees to post notices of non-responsibility and to inspect the Premises to ascertain that Tenant is complying with all of its covenants and obligations hereunder, all without being liable to Tenant in any manner whatsoever for any damages arising therefrom; provided, however, that Landlord shall, except in case of emergency, afford Tenant 48 hours prior notification of an entry into the Premises provided that such notice is reasonably practicable under the circumstances. Landlord shall be allowed to take into and through the Premises any and all materials that may be required to make any such repairs, additions, alterations or improvements. Notwithstanding anything to the contrary contained in this Section 14, Landlord may enter upon the ---------- Premises at any time to (a) perform repairs, additions or services required of Landlord or deemed necessary by Landlord; (b) take possession due to any breach of this Lease in the manner provided herein; and (c) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without interfering the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business and operations on 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises) , and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Providedother loss occasioned thereby; provided, however, that Landlord shall not conduct be liable for all claims for damages or for any soil borings injuries or other invasive testing procedures unless there has been a Material Release inconvenience to or Landlord has a reasonable basis to suspect there has been a Material Release on interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease loss occasioned thereby due to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the gross negligence or willful misconduct of Landlord or Landlord’s its agents, employees, invitees or assigns. ProvidedIn an emergency, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include have the right to inspect Tenant’s records required use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the manner herein before described shall not be deemed to be maintained pursuant to Environmental Lawsa 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.

Appears in 1 contract

Samples: Escrow Agreement (Razorfish Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseSubject to Tenant’s reasonable security requirements, the Landlord and its authorized representatives shall be entitled to enter the Premises at Landlordany reasonable time during the Tenant’s sole expense and sole discretionusual business hours, Landlord may enter upon after giving the Tenant at least one (1) business day written notice thereof, (a) to inspect the Premises, (b) to exhibit the Premises (without interfering with Tenant’s business i) to any existing or prospective purchaser or Mortgagee thereof, or (ii) during the last six (6) months of the Term, to any prospective tenant thereof, provided that in doing so the Landlord and operations on each such invitee observes all reasonable safety standards and procedures which the Tenant may require, and (c) to make any repair thereto and/or to take any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, that in any situation in which, due to an emergency or otherwise, the Landlord reasonably believes the physical condition of the Premises) and make , the Building or any inspectionpart of the Project would be unreasonably jeopardized or that a person could be injured unless the Landlord were to take such action immediately, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct be required to give such notice to the Tenant and may enter the same at any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental teamtime). Nothing herein in this section shall be deemed to require impose any duty on the Landlord to conduct make any such testing, measurement, investigation repair or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting take any such inspectionaction, tests, borings, measurements, investigation or assessment, so that Tenant may and the Landlord’s performance thereof shall not constitute a waiver of the Landlord’s right hereunder to have the opportunity to be present and to receive split test samples and/or to observe Tenant perform such testingwork. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, The Landlord shall not unduly interrupt in any event be liable to the Tenant for any inconvenience, annoyance, disturbance, loss of business or interfere with other damage or loss sustained by the conduct Tenant by reason of the making of such repairs, the taking of such action or the bringing of materials, supplies and equipment upon the Premises during the course thereof, and the Tenant’s business. Notwithstanding any other provisions of obligations under this Lease to the contrary, shall not be affected thereby provided Landlord shall be solely responsible for use reasonable efforts to minimize any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing disruption to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsnormal business operations.

Appears in 1 contract

Samples: Commercial Lease (Millennial Media Inc.)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseTenant shall permit Landlord and its Agents to enter the Premises at all reasonable times following not less than 24 hours notice (except in the event of an emergency), at for the purpose of inspection, maintenance or making repairs, alterations or additions (Landlord shall not make any alterations or additions to the Building or Site Improvements that are not contemplated under this Lease without first obtaining Tenant's written consent, which consent shall not be unreasonably withheld, delayed or conditioned) as to exhibit the Premises for the purpose of sale or mortgage and, during the last 9 months of the Term, to exhibit the Premises to any prospective tenant. The requisite notice prior to entry contemplated above may be given by telephone or other informal means. Except in the event of an emergency, Tenant shall have the right to have an employee or representative of Tenant accompany Landlord and its Agents to the extent necessary and appropriate to protect and limit access to trade secrets or other confidential information of Tenant and Tenant's customers. Moreover, Tenant shall be entitled to designate, by written notice to Landlord’s sole expense and sole discretion, portions of the Premises as "Secured Areas" which Landlord may not enter upon the Premises (without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary except in the exercise of its reasonable judgment in order to determine the presence of Hazardous MaterialsTenant's authorized personnel or in emergencies or following a default. ProvidedIf Tenant designates any area as a "Secured Area" or "Secured Room" on plans submitted and approved by Landlord, howeversuch plans shall constitute the written notice required pursuant to the preceding sentence. In an emergency situation, Landlord, as well as the applicable emergency personnel, shall have the right to access the Secured Areas by any means and using any force as may be reasonable under the circumstances without liability to Tenant of any kind therefor. Tenant may install locks and security devices therefor, provided that Tenant shall, upon Landlord's request during normal business hours, provide an authorized person to escort Landlord or its employees in inspecting the Secured Areas and provided Tenant delivers to Landlord keys and other information necessary to access such Secured Areas at the expiration or earlier termination of the Lease Term. Tenant's installation of any such locks and security devices shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premisesbe performed in accordance with Section 12 of this Lease. Landlord shall select a qualified environmental consultant will make reasonable efforts not to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give inconvenience Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with Tenant's business in exercising the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contraryforegoing rights, Landlord but shall not be solely responsible liable for any costs, claims, damages, expenses loss of occupation or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsquiet enjoyment thereby occasioned.

Appears in 1 contract

Samples: Lease Agreement (Ontrack Data International Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been Subject to the Section 29 Landlord shall have the right to enter and to grant temporary licenses to enter the Premises in accordance with the terms of this Section to inspect the Premises, to exhibit the Premises to prospective tenants (provided such is limited to the period within one year prior to the Expiration Date ) or purchasers, to make alterations or repairs to the Premises or to the Building, for any purpose which Landlord shall deem necessary for the operation and maintenance of the Building and the general welfare and comfort of its tenants, or to xxxxx any condition which constitutes a Material Releaseviolation of any covenant or condition of this Lease. Landlord's exercise of these rights shall not constitute an actual or constructive eviction. Notwithstanding the foregoing, except in case of an emergency, Tenant may, at Landlord’s sole expense and sole discretionits option, bar Landlord may enter upon from entry into certain areas of the Premises (without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation for bona fide confidentiality or assessment Landlord deems necessary safety reasons. Except in the exercise case of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings emergencies or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. default: (i) Landlord shall give Tenant a minimum of five (5) days at least 24 hours' advance written notice prior (if the inspection relates to conducting any such inspection, tests, borings, measurements, investigation the Phase 1 Space or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspectionsPhase 2 Space), and testing, Landlord shall not unduly interrupt or interfere with at least two business days’ advance written notice of entry (if the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease inspection relates to the contrary, Phase 3 Space ) of entry; (ii) entries shall be during business hours; (iii) any persons entering the Premises on behalf of Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result accompanied by one of Landlord’s inspections Tenant's employees; and testing (iv) Landlord shall make reasonable efforts to minimize interference with Xxxxxx's occupancy of the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditionsPremises. Tenant shall be permit NCSU and its contractors, agents, and representatives to enter the Premises on the same terms provided with a copy to Landlord under this Section; provided that, in the event of each report setting forth an emergency, when entry to the results of any test performed Premises is reasonably necessary and neither Tenant nor Landlord is personally present to open and permit entry into the Premises, NCSU or NCSU's agent may enter the Premises by Landlord promptly upon receipt. Landlord’s right of master key, code, card, or switch or may forcibly enter the Premises, without rendering NCSU or such agents liable for such entry and inspection shall include without, in any manner, affecting the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsobligations and covenants of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Argos Therapeutics Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been Following receipt of a Material Releasenotice described in Section 26.4 above and Tenant’s failure to comply with the terms of this Section 26, at Landlord’s sole expense and sole discretion, Landlord may or its representatives or consultants, shall have the right to enter upon the Premises (without interfering with Tenant’s business and operations on the Premises) Properties and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Pollutants or other Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental teamtasks. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe assessment except no such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be is required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Laws. If any Pollutants present on or released from the Properties are detected requiring remedial action as required by Section 26 of this Lease, Landlord’s reasonable expenses incurred in performing the tests, measurements, investigation or assessment shall be treated as an advance from Landlord to Tenant, and shall be promptly paid by Tenant on demand by Landlord. This is in addition to Tenant’s obligation to conduct all required testing, investigation, assessment, cleanup and remediation at Tenant’s sole cost of any suspected or actual Pollutants. In the event that Landlord has a reasonable basis to believe that Pollutants or other Hazardous Materials are present at a Property in violation of any Environmental Law or that Tenant has not otherwise complied with any Environmental Law, Landlord shall provide written notice to Tenant of such belief along with a description of, and any supporting documentation for, the basis for such belief. If after a reasonable period of time following such notice, Tenant has failed to demonstrate to the reasonable satisfaction of Landlord that no such Pollutants or other Hazardous Materials are present at the Property or that Tenant is in compliance with all Environmental Laws. Landlord shall have the right to enter the Properties upon reasonable notice to Tenant for the purpose of conducting an environmental audit or assessment to assure that the Properties are in compliance with any applicable Environmental Laws.

Appears in 1 contract

Samples: Lease Agreement (Franklin Covey Co)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord acknowledges that Tenant's business includes the manufacture, at Landlord’s sole expense testing and sole discretionstorage of pharmaceutical products which are subject to governmental regulation, require strict protocols to insure the integrity and safety of the manufacturing and storage processes, and in many cases involve valuable, proprietary and confidential trade secrets. Landlord may and its agents shall have the right to enter upon the Demised Premises at all reasonable times to examine the condition and use thereof, subject to the following conditions: (without interfering with Tenant’s business and operations on the Premisesi) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct be permitted more than two (2) such entries in any soil borings calendar year, provided that if Landlord is in good faith attempting to refinance or other invasive testing procedures unless there sell the Demised Premises, or to lease the Demised Premises during any period in which Tenant has been failed to exercise a Material Release renewal option or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice within six months prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions termination of this Lease to the contraryLease, Landlord shall be solely responsible for any costsentitled to a reasonable number of visits in connection with such sale, claims, damages, expenses refinancing or liabilities that arise as leasing; (ii) such entries shall be permitted upon reasonable written notice of no less than one business day; (iii) such entries shall be permitted only at reasonable times; (iv) all persons participating in such entry shall be bound by a result confidentially agreement--in writing if required by Tenant--and shall take no photographs or other recordings of Landlord’s inspections the interior of the Building; (v) all persons participating in such entry shall agree to be bound by Tenant's rules and testing regulations concerning visitors to the extent attributable site including those relating to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord safety and confidentiality; (vi) all persons participating in such entry shall agree to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results subject to rules and regulations of any test performed governmental authority having jurisdiction over the Demised Premises or Tenant's business operations; and (vii) some designated areas within the Demised Premises may not subject to entry by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Laws.

Appears in 1 contract

Samples: Lease (Noven Pharmaceuticals Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant shall permit Landlord and its Agents to enter the Premises at all reasonable times following not less than 24 hours notice (except in the event of an emergency), for the purpose of inspection, maintenance or making repairs, alterations or additions (Landlord shall not make any alterations or additions to the Building or Site Improvements that are not contemplated under this Lease without first obtaining Tenant’s written consent, which consent shall not be unreasonably withheld, delayed or conditioned) as to exhibit the Premises for the purpose of sale or mortgage and, during the last 9 months of the Term, to exhibit the Premises to any prospective tenant. The requisite notice prior to entry contemplated above may be given by telephone or other informal means. Except in the event of an emergency, Tenant shall have the right to have an employee or representative of Tenant accompany Landlord and its Agents to the extent necessary and appropriate to protect and limit access to trade secrets or other confidential information of Tenant and Tenant’s customers. Moreover, Tenant shall be entitled to designate, by written notice to Landlord, portions of the Premises as “Secured Areas” which Landlord may not enter except in the presence of Tenant’s authorized personnel or in emergencies or following a default. If there has been Tenant designates any area as a Material Release“Secured Area” or “Secured Room” on plans submitted and approved by Landlord, at such plans shall constitute the written notice required pursuant to the preceding sentence. In an emergency situation, Landlord, as well as the applicable emergency personnel, shall have the right to access the Secured Areas by any means and using any force as may be reasonable under the circumstances without liability to Tenant of any kind therefor. Tenant may install locks and security devices therefor, provided that Tenant shall, upon Landlord’s sole expense request during normal business hours, provide an authorized person to escort Landlord or its employees in inspecting the Secured Areas and sole discretion, provided Tenant delivers to Landlord may enter upon keys and other information necessary to access such Secured Areas at the Premises (without interfering expiration or earlier termination of the Lease Term. Tenant’s installation of any such locks and security devices shall be performed in accordance with Section 12 of this Lease. Landlord will make reasonable efforts not to inconvenience Tenant or interfere with Tenant’s business and operations on in exercising the Premises) and make any inspectionforegoing rights, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord but shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible liable for any costs, claims, damages, expenses loss of occupation or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsquiet enjoyment thereby occasioned.

Appears in 1 contract

Samples: Lease Agreement (Kroll Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord and Landlord's Agents shall, subject to advance scheduling with Tenant, have the right to enter the Premises at all reasonable times except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to make Alterations or maintenance and repairs as required to be made by Landlord pursuant to this Lease, to perform Tenant's obligations as permitted pursuant to Section 9.3 and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Ter, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering being deemed to have caused an eviction of Tenant and without any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and in exercising its rights set forth herein, Landlord shall use its good faith efforts to cause the least possible interference with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises's business. Landlord shall select at all times have the right to retain a qualified environmental consultant key which unlocks all of the doors in the Premises, excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right to complete such tasks use any and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the Premises, and any entry to the Premises so obtained by Landlord or Landlord's Agents shall not conduct under any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall circumstances be deemed to require Landlord to conduct any such testingbe a forcible or unlawful entry into, measurementor a detainer of, investigation the Premises, or assessment. Landlord shall give an eviction of Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have from the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises.

Appears in 1 contract

Samples: Surebeam Corp

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at Landlord’s sole expense and sole discretionNotwithstanding anything to the contrary contained in this Lease, Landlord or any other Landlord Party may enter upon the Premises from 8:00 a.m. to 6 p.m. on any business day after at least one (1) Business Day notice (except in the case of emergency where there is an imminent risk of material injury or damage to person or property), for which no notice shall be required), specifying a two (2) hour window for such entry (provided, however, in the event that tenant promptly notified Landlord that the time is not convenience, Landlord and Tenant shall negotiate in good faith to arrive at a good time) to: (a) examine and inspect the Premises (without interfering with including to confirm Tenant’s business compliance with its obligations under this Lease), (b) show the Premises to prospective investors, purchasers, mortgagees, lessors or (from and operations on after the Premisesearlier of (x) January 5, 2015 and (y) the date of delivery of Tenant’s notice to exercise the Early Termination Option) lessees, (c) make any inspectionsuch repairs, testsalterations, boringsreplacements or additions to the Premises for which Landlord is responsible pursuant to this Lease, measurements, investigation or assessment Landlord deems (d) perform tenant improvements necessary to accommodate additional tenants in the Building during term, (e) comply with any applicable laws, (f) post notices of nonresponsibility and (g) to the extent permitted by applicable laws, exercise Landlord’s remedies upon the occurrence and during the continuation of its reasonable judgment in order to determine the presence of Hazardous Materials. Provideda Default; provided, however, that all Landlord Parties and any such prospective investors, purchasers, mortgagees, lessors or lessees described above shall not conduct adhere to Tenant’s reasonable security and confidentiality standards, and any soil borings such individuals must agree to being accompanied by Tenant’s security member or other invasive testing procedures unless there has been a Material Release or personnel during any such visit; and provided further, that Landlord has a shall, except in case of emergency, use commercially reasonable basis efforts to suspect there has been a Material Release on minimize interference with Tenant’s use of and access to the Premises. In addition, in the event that during the term Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease performs tenant improvement work to the contraryBuilding necessary to accommodate an additional tenant in the Building, Tenant shall, upon the written request of Landlord, meet with Landlord and the general contractor performing such work to establish procedures to facilitate the contractor’s reasonable access to the Premises in a timely manner. Subject to the foregoing, Landlord shall be solely responsible for allowed to take into and through the Premises any costsand all materials that may be required to make any such repairs, claimsadditions, damages, expenses alterations or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agentsimprovements. Provided, however, no notice from Landlord to Tenant Any such entries shall be required under urgent or emergency conditions. Tenant shall be provided with a copy without the abatement of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry Rent and inspection shall include the right to inspect Tenant’s records take such reasonable steps as are required to accomplish the stated purposes. In an emergency to property or the life or safety of any person, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the circumstances and manner described in this Section 5.3 shall not be maintained pursuant deemed to Environmental Lawsbe 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. If Tenant, upon receipt of the required notice set forth above, fails to provide Landlord with access to the Premises, then (i) Landlord shall not be liable for failure to perform the service or repair for which Landlord’s access was intended until such time as access is provided, but Tenant shall be liable for any damage caused by its delay and (ii) Tenant shall be required to pay Landlord One Thousand Dollars ($1,000) per incident.

Appears in 1 contract

Samples: Lease (Applied Micro Circuits Corp)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at Landlord’s sole expense Landlord and sole discretion, persons authorized by Landlord may enter upon the Premises at all reasonable times upon reasonable advance notice (without interfering except in the case of an emergency in which case no prior notice is necessary) for the purpose of inspections, repairs, alterations to adjoining space, appraisals, or other reasonable purposes; including enforcement of Landlord's rights under this Lease. Landlord shall not be liable for inconvenience to or disturbance of Tenant by reason of any such entry; provided, however, that in the case of repairs or work, such shall be done, so far as practicable, so as to not unreasonably interfere with Tenant’s business and operations on 's use of the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that such efforts shall not require Landlord to use overtime labor unless Tenant shall pay for the increased costs to be incurred by Landlord for such overtime labor. Landlord also shall have the right to enter the Premises at all reasonable times after giving prior oral notice to Tenant, to exhibit the Premises to any prospective purchaser and/or mortgagee. Landlord also shall have the right to enter the Premises at all reasonable times after giving prior oral notice to Tenant, to exhibit the Premises to any prospective tenants. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of rent and Landlord shall not conduct have any soil borings liability to Tenant for any damages or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release losses on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct account of any such inspections or other activities described herein without consulting and coordinating such efforts with entry by Landlord except, subject to the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contraryArticle 15, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the of Landlord's gross negligence or willful misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed and not covered by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records insurance required to be maintained pursuant to Environmental Lawsby Tenant hereunder.

Appears in 1 contract

Samples: Lease (E Digital Corp)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseThe Landlord and its authorized representatives shall be entitled to enter the Premises at any reasonable time during the Tenant's usual business hours, after giving the Tenant at Landlord’s sole expense and sole discretionleast twenty-four (24) hours' oral or written notice thereof, Landlord may enter upon (a) to inspect the Premises, (b) to exhibit the Premises (without interfering with Tenant’s business i) to any existing or prospective purchaser or Mortgagee thereof, or (ii) to any prospective tenant thereof, provided that in doing so the Landlord and operations on each such invitee observes all reasonable safety standards and procedures which the Tenant may require, and (c) to make any repair thereto and/or to take any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, that in any situation in which, due to an emergency or otherwise, the Landlord reasonably believes the physical condition of the Premises) and make , the Building or any inspectionpart of the Property would be unreasonably jeopardized unless the Landlord were to take such action immediately, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct be required to give such notice to the Tenant and may enter the same at any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental teamtime). Nothing herein in this section shall be deemed to require impose any duty on the Landlord to conduct make any such testing, measurement, investigation repair or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting take any such inspectionaction, tests, borings, measurements, investigation or assessment, so that Tenant may and the Landlord's performance thereof shall not constitute a waiver of the Landlord's right hereunder to have the opportunity to be present and to receive split test samples and/or to observe Tenant perform such testingwork. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, The Landlord shall not unduly interrupt in any event be liable to the Tenant for any inconvenience, annoyance, disturbance, loss of business or interfere with other damage sustained by the conduct Tenant by reason of the making of such repairs, the taking of such action or the bringing of materials, supplies and equipment upon the Premises during the course thereof, and the Tenant’s business. Notwithstanding any other provisions of 's obligations under this Lease to the contrary, Landlord shall not be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsaffected thereby.

Appears in 1 contract

Samples: Lease (Imtek Office Solutions Inc)

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord's Agents shall have the right to enter the Premises at all reasonable times upon reasonable notice to Tenant, except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or maintenance and repairs, to perform Tenant's obligations as permitted herein when Tenant has been a Material Releasefailed to do so and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Term, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering being deemed to have caused an eviction of Tenant and without any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and in exercising its rights set forth herein, Landlord shall endeavor to cause the least possible interference with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises's business. Landlord shall select at all times have the right to retain a qualified environmental consultant key which unlocks all of the doors in the Premises, excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right to complete such tasks use any and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the Premises, and any entry to the Premises s obtained by Landlord or Landlord's Agents shall not conduct under any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall circumstances be deemed to require Landlord to conduct any such testingbe a forcible or unlawful entry into, measurementor a detainer of, investigation the Premises, or assessment. Landlord shall give an eviction of Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have from the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises.

Appears in 1 contract

Samples: Omnicell Com /Ca/

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at Landlord’s sole expense and sole discretionNotwithstanding anything to the contrary contained in this Section 14, Landlord shall retain duplicate keys to all doors of the Premises and Landlord or any Landlord Party may enter upon the Premises at any time to: (a) examine and inspect the Premises (without interfering with including to confirm Tenant’s business compliance with its obligations under this Lease), (b) show the Premises to prospective investors, purchasers, mortgagees, and operations on during the Premiseslast nine (9) and months of the Lease Term, to prospective tenants, (c) make any inspectionsuch repairs, testsalterations, borings, measurements, investigation replacements or assessment additions to the Premises (i) which Landlord deems necessary may elect to perform following Tenant’s failure to perform or in the event of an emergency, or (ii) for which Landlord is responsible (including Capital Work), (d) comply with any Laws, (e) post notices of nonresponsibility and (f) exercise Landlord’s remedies upon the occurrence and during the continuation of its reasonable judgment a Default all without being liable to Tenant in order to determine the presence of Hazardous Materials. Providedany manner whatsoever for any damages arising therefrom; provided, however, that Landlord shall, except in case of emergency, afford Tenant such prior notification of an entry into the Premises as shall be reasonably practicable under the circumstances, but not conduct any soil borings less than one (1) Business Day, unless otherwise agreed to by Tenant. Access by Landlord shall be in accordance with the security, safety and confidentiality requirements that Tenant may reasonably adopt from time to time. Tenant shall at all times, except in the case of emergencies, have the right to escort Landlord or other invasive testing procedures unless there has been a Material Release its agents, representatives, contractors or Landlord has a reasonable basis to suspect there has been a Material Release on guests while the same are in the Premises. Landlord shall select a qualified environmental consultant be allowed to complete such tasks take into and shall not conduct through the Premises any and all materials that may be required to make any such inspections repairs, additions, alterations or other activities described herein without consulting and coordinating improvements. Any such efforts with the Tenant’s environmental team. Nothing herein entries shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum without the abatement of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present Rent and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect take such reasonable steps as are required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s records required business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the circumstances and manner described in this Section 14 shall not be deemed to be maintained pursuant to Environmental Lawsa 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.

Appears in 1 contract

Samples: Lease (Atlassian Corp PLC)

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord's Agents shall have the right to enter the Premises at all reasonable times upon 48-hours' written notice to Tenant, except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or perform maintenance, replacement and repairs, to perform Tenant's obligations as permitted herein when Tenant has been a Material Releasefailed to do so and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Term, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of Premises for lease and to show the Premises to prospective tenants, all without interfering being deemed to have caused an eviction of Tenant and without any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and in exercising its rights set forth herein, Landlord shall endeavor to cause the least possible interference with Tenant’s business 's business. Landlord shall at all times have and operations on retain a key which unlocks all of the doors in the Premises) , excluding Tenant's vaults and make safes, and Landlord and Landlord's Agents shall have the right to use any inspectionand all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the Premises, tests, borings, measurements, investigation and any entry to the Premises so obtained by Landlord or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord Landlord's Agents shall not conduct under any soil borings circumstances be deemed to be a forcible or other invasive testing procedures unless there has been unlawful entry into, or a Material Release detainer of, the Premises, or Landlord has a reasonable basis to suspect there has been a Material Release on an eviction of Tenant from the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of anything contained in this Lease to the contrary, Landlord shall be solely responsible for any costsin the event a release of Hazardous Material occurs on or affects the Premises, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant 's Agents shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include have the right to inspect enter the Premises at any time, without prior notice, to inspect, monitor, take emergency or long-term remedial action, discharge Tenant’s records required 's obligations under the Lease at the expense of Tenant if Tenant has failed to be maintained pursuant do so, or take any other action as Landlord deems necessary to Environmental Lawsrestore the Premises to its original condition.

Appears in 1 contract

Samples: Lease (Broadcom Corp)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord or his agents shall have the right to enter the Premises at reasonable times upon reasonable notice in order to examine it or to show it to prospective tenants or buyers, at to place “For Rent” or “For Sale” signs on or about the Premises, and to make modifications or other changes to the Property as are necessary in Landlord’s sole expense and sole discretionreasonable discretion to facilitate development of the Property, provided, however, Landlord may enter upon shall use its best efforts to minimize the Premises (without interfering effect of any such entry or any interference with Tenant’s business and operations on use of the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks Premises and shall not conduct make any such inspections modifications or other activities described herein without consulting and coordinating such efforts with the changes that materially adversely affect Tenant’s environmental teamuse of and access to the Premises or the Common Areas. Nothing herein shall be deemed to require Landlord to conduct any such testingUpon receipt of reasonable advance notice from Landlord, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may arrange to have a designated representative accompany Landlord in entering the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receiptPremises. Landlord’s right of entry reentry shall not be deemed to impose upon Landlord any obligation, responsibility, or liability for the care, supervision or repair of the Premises other than as herein provided; except that Landlord shall use reasonable care to prevent loss or damage to Tenant’s property resulting from Landlord’s entry. Landlord shall have the right at any time, without effecting an actual or constructive eviction and inspection without incurring any liability to the Tenant therefore, to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Buildings and to change the name, number or designation by which the Buildings are commonly known, provided that such action does not result in any unreasonable interference with Tenant’s access to or use of the Premises or the Common Areas. Notwithstanding the foregoing, Landlord shall include have the right to inspect Tenant’s records enter the Premises without first giving notice to the Tenant in the event of an emergency where the nature of the emergency will not reasonably permit the giving of notice. Landlord shall not take any photographs or videos of the operations, equipment or employees at the Premises, provided, however, that if photographs of the interior of the Premises are required for insurance, financing, sale or similar purposes, Tenant shall cooperate with Landlord to be maintained pursuant permit Landlord to Environmental Lawsobtain reasonably necessary photographs.

Appears in 1 contract

Samples: Lease Agreement (Truck Hero, Inc.)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord, any ground lessor, mortgagee or any agent thereof, shall have the right to enter the Leased Premises at reasonable times: to perform Landlord’s sole expense 's covenants as set forth in this Lease, for purposes of inspection and sole discretionto insure Tenant's compliance with the provisions of this Lease, to make any repairs, replacements or alterations to the Building or do any work which Landlord may deem necessary, or to show the Leased Premises to prospective purchasers of the Building, and also, during the last six (6) months of the Lease Term, to show the Leased Premises to prospective tenants; PROVIDED, HOWEVER, that except for emergencies, Landlord may shall (a) give Tenant at least 24 hours' prior notice of such entry, and (b) enter upon the Leased Premises (without interfering with only during normal business hours. With the exception of emergency repairs by Landlord, its agents, employees and contractors, no persons shall enter the Leased Premises unless accompanied by a representative of Tenant’s business . Landlord also shall have the right to enter the Leased Premises at any reasonable times after giving prior notice to Tenant to exhibit the Leased Premises to any prospective purchaser, tenant and/or mortgagee thereof provided that a representative of Tenant shall accompany any prospective purchaser, tenant and/or mortgagee inspecting the Leased Premises and operations on further provided that Tenant may restrict access to certain portions of the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment Leased Premises in order to determine safeguard the presence confidentiality of Hazardous Materialsproprietary equipment. ProvidedIn the event Tenant abandons the Leased Premises prior to the expiration of the Lease Term, however, that Landlord shall not conduct have the right to enter the Leased Premises at any soil borings time thereafter to show the Leased Premises to prospective tenants and to retrofit all or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premisesportion thereof for new tenants. Landlord shall select a qualified environmental consultant to complete No such tasks entry and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein construction work shall be deemed to require Landlord be an acceptance of surrender by landlord of all or a portion of the Leased Premises until a replacement tenant actually occupies the same for its business purposes. Acceptance of surrender shall be deemed to conduct any occur upon the occupancy by a replacement tenant, but only as to such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum portion of five (5) days written notice prior to conducting any the Leased Premises which such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s businessreplacement tenant occupies. Notwithstanding any other provisions such acceptance of this Lease to the contrarysurrender, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required remain liable for the difference between the rent reserved hereunder and the rent Landlord receives under urgent or emergency conditions. Tenant shall be provided a lease with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsreplacement tenant.

Appears in 1 contract

Samples: Agreement of Lease (Worldgate Communications Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord, at Landlord’s sole expense its agents, employees, and sole discretion, Landlord contractors may enter upon the Premises at any time in response to an emergency and at reasonable hours to (without interfering a) inspect the Premises; (b) exhibit the Premises to prospective purchasers, lenders or tenants; (c) determine whether Tenant is complying with all its obligations in this Lease; (d) supply services to be provided by Landlord to Tenant according to this Lease; (e) post written notices of non-responsibility or similar notices; or (f) make repairs required of Landlord under the terms of this Lease or make repairs to any adjoining space or utility services or make repairs, alterations, or improvements to any other portion of the Building; however, all such work will be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant, by this Article 23, waives any claim against Landlord, its agents, employees, or contractors for damages for any injury or inconvenience to or interference with Tenant’s business and operations on business, any loss of occupancy or quiet enjoyment of the Premises) , or any other loss occasioned by any entry in accordance with this Article 23. Landlord will, at all times, have and make any inspectionretain a key with which to unlock all of the doors in, tests, borings, measurements, investigation on or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on about the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may will have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required use any and all means it may deem proper to open doors in and to the Premises in an emergency in order to obtain entry to the Premises. Any entry to the Premises by Landlord in accordance with this Article 23 will not be construed or deemed to be maintained pursuant a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion of the Premises, nor will any such entry entitle Tenant to Environmental Lawsdamages or an abatement of Base Rent, Additional Rent, or other charges that this Lease requires Tenant to pay.

Appears in 1 contract

Samples: Lease Agreement (Capstone Financial Group, Inc.)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at At Landlord’s sole expense and sole discretionupon written notice as required below, Landlord may Landlord, or its representatives or consultants, shall have the right to enter upon the Premises (without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. ProvidedMaterials and/or to determine whether the Premises are in compliance with applicable Environmental Requirements; provided, however, that Landlord' right of entry as contemplated by this Section 4.4(f) shall be limited to the following circumstances: (A) Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has have a reasonable basis to suspect there has been suspicion that the Premises is in violation of applicable Environmental Requirements, (B) in connection with a Material Release on sale of the Premises, (C) in connection with a financing of the Premises, or (D) if required by the mortgagee of the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall will not conduct any such inspections or other activities described herein without consulting and coordinating such efforts make borings on the Premises except if strictly in compliance with the Tenant’s following: (i) borings are recommended by an environmental teamprofessional as that term is defined by ASTM following, or as part of, a Phase II Environmental Site Investigation, (ii) all borings will be made during non-business hours, (iii) the borings will not unreasonably interfere with access, parking or business operations at the Premises; and (iv) the Premises will be promptly returned to their prior condition at Landlord's expense. Any entry on the Premises by Landlord shall be performed in accordance with the requirements of Article XII hereof. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five thirty (530) days days’ written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required assessment except under urgent or emergency conditions. Tenant conditions Landlord shall only be provided with a copy of each report setting forth obligated to give such notice as is reasonable given the results of any test performed by Landlord promptly upon receiptemergency circumstances. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsRequirements. If such inspections disclose any Hazardous Materials present on or Released from the Premises which are in violation of the terms of this Lease, then Tenant shall pay Landlord its reasonable expenses incurred in performing said tests, measurements, investigation or assessments; otherwise, all such expenses will be Landlord’s.

Appears in 1 contract

Samples: Lease Agreement (CBRL Group Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord shall retain duplicate keys to all doors of the Demised Premises and Landlord and its agents, employees and independent contractors shall have the right to enter the Demised Premises at Landlord’s sole expense reasonable hours to inspect and sole discretionexamine same, Landlord may enter upon to make repairs, additions, alterations, and improvements, to exhibit the Demised Premises (without interfering to mortgagees, prospective mortgagees, purchasers or tenants, and to inspect the Demised Premises to ascertain that Tenant is complying with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise all of its reasonable judgment covenants and obligations hereunder, all without being liable to Tenant in order to determine the presence of Hazardous Materials. Providedany manner whatsoever for any damages arising therefrom; provided, however, that Landlord shall, except in case of emergency, afford Tenant such prior notification of an entry into the Demised Premises as shall not conduct be reasonably practicable under the circumstances and shall use all reasonable efforts to avoid causing any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on disruption of the Demised Premises. Landlord shall select a qualified environmental consultant be allowed to complete take into and through the Demised Premises any and all materials that may be required to make such tasks and repairs, additions, alterations or improvements. During such time as such work is being carried on in or about the Demised Premises, the Rent provided herein shall not conduct xxxxx, and Tenant waives any claim or cause of action against Landlord for damages by reason of interruption of Tenant's business or loss of profits therefrom because of ATL01/10756990v6 the prosecution of any such inspections work or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. part thereof Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent permitted to designate not more than 10,000 square feet of the Demised Premises as safe or emergency conditionsconfidential areas or locked computer rooms to be known as "Locked Documentation Rooms", to which Landlord shall have no access, unless accompanied by Tenant's authorized representatives. Tenant must designate such spaces as "Locked Documentation Rooms' by written notice to Landlord, and such status shall only be provided with a copy of each report setting forth the results of any test performed effective after receipt by Landlord promptly upon receiptof such written notice. Landlord’s right , when accompanied by Tenant's representative may inspect any Locked Documentation Rooms during Tenant's normal business hours after giving Tenant reasonable prior notice requesting such an inspection. In emergency where immediate access to such rooms is necessary, Landlord may, after being unable to locate an employee of entry and inspection Tenant using all reasonable means, gain access to a Locked Documentation Room by using force. Landlord shall include the right not be responsible for providing janitorial services with respect to inspect Tenant’s records required any Locked Documentation Room. Landlord shall not receive copies of keys, pass cards or cipher lock combinations to be maintained pursuant to Environmental LawsLocked Documentation Rooms.

Appears in 1 contract

Samples: Lease Agreement (Indus International Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at Landlord’s sole expense and sole discretion, A. The Landlord may or his agents shall have the right to enter upon the Premises (without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary immediately in the exercise event of its an emergency or at such reasonable judgment times and upon at least 48 hours prior notice in order to determine examine it, to show it to prospective tenants (during the presence last 90 days of Hazardous Materials. Providedthe then-current term), howeveror to make such decorations, that repairs, alterations, improvements or additions as the Landlord shall deem necessary or desirable, including but not conduct any soil borings limited to the construction/improvement of offices adjacent to or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on above the Premises. Landlord will give Tenant at least 48 hours prior notice of its requirements, and will be responsible for conducting such work so as not to impair Tenant's use and enjoyment of the Premises. The Landlord shall select be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction of the Tenant in whole or in part unless Tenant's use and enjoyment of the Premises is impaired. The rent required shall abate while decorations, repairs, alterations, improvements or additixxx xre being made by Landlord only when there is a qualified environmental consultant loss or interruption of the business of the Tenant. The granting of such an abatement must be approved in writing by the Landlord prior to complete such tasks and the start of any improvements. If the Tenant shall not conduct any be personally present to open and permit an entry into the Premises during an emergency and entry therein shall be necessary, the Landlord or his agents may enter the Premises without rendering the Landlord or such inspections agents liable therefor (if during such entry the Landlord or other activities described herein without consulting and coordinating such efforts with his agents shall accord reasonable care to the Tenant’s environmental team's property), and without in any manner affecting the obligations and covenants of this Lease Agreement. Nothing herein The Landlord's right of entry shall not be deemed to require impose upon the Landlord to conduct any such testingobligation, measurementresponsibility, investigation or assessmentliability for the care, supervision or repair of the Premises other than herein provided. The Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity right at any time, without effecting an actual or constructive eviction and without incurring any liability to be present the Tenant therefor, to change the arrangements or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the building and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspectionschange the name, and testing, Landlord shall not unduly interrupt number or interfere with designation by which the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsBuilding is commonly known.

Appears in 1 contract

Samples: Asset Purchase Agreement (Almost Family Inc)

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord's Agents shall have the right to enter the Premises at all reasonable times upon reasonable Notice to Tenant (except for emergencies or to provide janitorial services, in which case no Notice shall be required) to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to perform Landlord's obligations under this Lease, to perform Tenant's obligations as permitted herein when Tenant has been a Material Releasefailed to do so to exercise Landlord's rights under this Lease and, at Landlord’s sole expense and sole discretionany reasonable time, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering being deemed to have caused an eviction of Tenant and without any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations and requirements of Tenant, and in exercising its rights set forth herein, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises's business. Landlord shall select at all times have the right to retain a qualified environmental consultant key which unlocks all of the doors in the Premises, excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right to complete such tasks use any and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the Premises, and any entry to the Premises so obtained by Landlord or Landlord's Agents shall not conduct under any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall circumstances be deemed to require Landlord to conduct any such testingbe a forcible or unlawful entry into, measurementor a detainer of, investigation the Premises, or assessment. Landlord shall give an eviction of Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have from the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises.

Appears in 1 contract

Samples: Form Office Lease (8x8 Inc /De/)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord, at Landlord’s sole expense its agents, employees and sole discretioncontractors shall have the right to enter the Leased Premises during Tenant's normal business hours (a) upon not less than twenty-four (24) hours prior telephonic or written notice to Tenant (except as otherwise provided in this Lease), to make inspections or to make repairs to the Leased Premises or other premises as Landlord may enter deem necessary provided that without Tenant's written consent Landlord may only undertake repairs upon ten (10) days written notice; (b) without the Premises need for any advanced written notice to perform the Janitorial Services; and (without interfering with Tenant’s business and operations on c) upon not less than twenty-four (24) hours prior telephonic or written notice to Tenant for any bona fide purpose relating to the Premises) and make any inspectionsafety, testsprotection or preservation of the Building. Notwithstanding the foregoing, borings, measurements, investigation or assessment Landlord deems necessary in the exercise case of its reasonable judgment an emergency no advanced written notice shall be required by Landlord to enter the Leased Premises in order to determine address the presence emergency. In making any such entry, Landlord agrees to use reasonable efforts to avoid interfering with the regular and usual conduct of Hazardous MaterialsTenant's business (including, without limitation, performing repairs that would be unreasonably intrusive, as reasonably determined by Tenant, outside of normal business hours). ProvidedAll work performed by Landlord in the Leased Premises pursuant to this Section 11 shall be performed (i) in a first class and good and workmanlike manner (ii) using first class materials, however, that Landlord shall not conduct (iii) in accordance with all laws and applicable governmental codes and regulations and (iv) with due diligence to minimize any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis unreasonable disruption to suspect there has been a Material Release on the PremisesTenant's business. Landlord shall select a qualified environmental consultant consider the anticipated level of disruption to complete such tasks and Tenant in selecting the means by which Landlord will make repairs in the Leased Premises. Except in case of emergency, any entry by Landlord into the Leased Premises shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the be subject to Tenant’s environmental team. Nothing herein reasonable security requirements, which shall include Tenant requiring that any party entering the Leased Premises be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant accompanied by a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct representative of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Laws.

Appears in 1 contract

Samples: Office Lease (Choice Hotels International Inc /De)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseThe Landlord and its authorized ------------------------- representatives shall be entitled to enter the Premises at any reasonable time during the Tenant's usual business hours, after giving the Tenant at Landlord’s sole expense and sole discretionleast twenty-four (24) hours' oral or written notice thereof, Landlord may enter upon (a) to inspect the Premises, (b) to exhibit the Premises (without interfering with Tenant’s business i) to any existing or prospective purchaser or Mortgagee thereof, or (ii) during the final six (6) months of the Term, to any prospective tenant thereof, provided that in doing so the Landlord and operations on each such invitee observes all reasonable safety standards and procedures which the Tenant may require, and (c) to make any repair thereto and/or to take any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, that in any situation in which, due to an emergency or otherwise, the Landlord reasonably believes the physical condition of the Premises) and make , the Building or any inspectionpart of the Property would be unreasonably jeopardized unless the Landlord were to take such action immediately, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct be required to give such notice to the Tenant and may enter the same at any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental teamtime). Nothing herein in this section shall be deemed to require impose any duty on the Landlord to conduct make any such testing, measurement, investigation repair or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting take any such inspectionaction, tests, borings, measurements, investigation or assessment, so that Tenant may and the Landlord's performance thereof shall not constitute a waiver of the Landlord's right hereunder to have the opportunity to be present and to receive split test samples and/or to observe Tenant perform such testingwork. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspectionsExcept as otherwise specifically set forth in this Lease, and testing, the Landlord shall not unduly interrupt in any event be liable to the Tenant for any inconvenience, annoyance, disturbance, loss of business or interfere with other damage sustained by the conduct Tenant by reason of the making of such repairs, the taking of such action or the bringing of materials, supplies and equipment upon the Premises during the course thereof, and the Tenant’s business. Notwithstanding any other provisions of 's obligations under this Lease to the contrary, Landlord shall not be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsaffected thereby.

Appears in 1 contract

Samples: Office Lease (Creditrust Corp)

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LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord’s Agents shall have the right to enter the Premises at all reasonable times upon reasonable Notice to Tenant (except for emergencies, in which case no Notice shall be required) to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to perform Landlord’s obligations under this Lease, to perform Tenant’s obligations as permitted herein when Tenant has been a Material Releasefailed to do so, to exercise Landlord’s rights under this Lease, and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Term, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be being deemed to require Landlord have caused an eviction of Tenant and without any liability to conduct any such testing, measurement, investigation Tenant or assessmentabatement of Rent. Landlord shall give Tenant a minimum The above rights are subject to reasonable security regulations of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testingin exercising its rights set forth herein, Landlord shall not unduly interrupt or interfere use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business. Notwithstanding Landlord shall at all times have the right to retain a key which unlocks all of the doors in the Premises, excluding Tenant’s vaults and safes, and Landlord and Landlord’s Agents shall have the right to use any other provisions of this Lease and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the contraryPremises, Landlord shall be solely responsible for and any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing entry to the extent attributable to the negligence or misconduct of Premises so obtained by Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant Agents shall not under any circumstances be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required deemed to be maintained pursuant to Environmental Lawsa forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises.

Appears in 1 contract

Samples: Form Lease (Adept Technology Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at Landlord’s sole expense and sole discretion, Landlord may enter upon shall retain duplicate keys to all doors of the Premises and Landlord and its agents, employees and independent contractors shall have the right to enter the Premises at reasonable hours to inspect and examine same, to make repairs, additions, alterations, and improvements to exhibit the Premises to mortgagees, prospective mortgagees, purchasers or (without interfering during the last eighteen (18) months of the Lease Term) tenants, to post notices of nonresponsibility and to inspect the Premises to ascertain that Tenant is complying with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise all of its reasonable judgment covenants and obligations hereunder, all without being liable to Tenant in order to determine the presence of Hazardous Materials. Providedany manner whatsoever for any damages arising therefrom; provided, however, that Landlord shall, except in case of emergency, afford Tenant such prior notification of an entry into the Premises as shall be reasonably practicable under the circumstances, but not conduct any soil borings or other invasive testing procedures less than twenty-four (24) hours, unless there has been a Material Release or otherwise agreed to by Tenant; and provided, further, that Landlord has a shall use commercially reasonable basis efforts to suspect there has been a Material Release on minimize interference with Tenant's use of and access to the Premises. Landlord shall select a qualified environmental consultant be allowed to complete such tasks take into and shall not conduct through the Premises any and all materials that may be required to make any such inspections repairs, additions, alterations or other activities described herein without consulting and coordinating such efforts with improvements. Notwithstanding anything to the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testingcontrary contained in this Section 14, Landlord shall not unduly interrupt or interfere with may enter the conduct Premises at any time to (a) perform services required of Tenant’s business. Notwithstanding Landlord; (b) take possession due to any other provisions breach of this Lease in the manner provided herein; and (c) perform any covenants of Tenant which Tenant fails to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses perform or liabilities that arise as a result of Landlord’s inspections and testing commence to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no perform within ten (10) days after written notice from Landlord of such failure and thereafter diligently pursue to Tenant completion. Any such entries shall be required under urgent or emergency conditions. Tenant shall be provided with a copy without the abatement of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry Rent and inspection shall include the right to inspect Tenant’s records take such reasonable steps as are required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby; provided, however, that Landlord uses commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the manner hereinbefore described shall not be maintained pursuant deemed to Environmental Lawsbe a forcible or unlawful entry into, or a detainer of; the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding the foregoing, Landlord may only access Tenant's computer rooms and network operations center in the presence of Tenant's representatives, except in the event of an emergency.

Appears in 1 contract

Samples: Lease (Digital Island Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseTenant shall have the right to designate, at by written notice to Landlord’s sole expense and sole discretion, “Special Secured Areas” within the Demised Premises that Landlord may enter only in the event of an actual, suspected, or threatened emergency threatening personal safety or the Building or property therein. Except for such Special Secured Areas, Landlord shall retain duplicate keys to all doors of the Demised Premises and Landlord and its agents, employees and independent contractors shall have the right upon reasonable prior notice to Tenant to enter the Demised Premises (without interfering at reasonable hours to make repairs, additions, alterations, and improvements that are required by this Lease or are otherwise performed with Tenant’s business and operations on prior written consent, to exhibit the PremisesDemised Premises to prospective purchasers or tenants (but Landlord may enter to exhibit the Demised Premises to prospective tenants only during the last twelve (12) months of the Lease Term) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in to inspect the exercise Demised Premises to ascertain that Tenant is complying with all of its reasonable judgment covenants and obligations hereunder, and for the purpose of exercising any right or remedy reserved to Landlord in order this Lease. Landlord shall, except in case of emergency, provide Tenant at least twenty-four (24) hours’ prior notification of an entry into the Demised Premises and Tenant shall have the right to determine the presence of Hazardous Materials. Provided, however, require that Landlord be accompanied by Tenant’s representative while within the Demised Premises. During such time as any such repairs, additions, alterations and improvements that are required or permitted by this Lease are being performed in or about the Demised Premises by Landlord, the Rent provided herein shall not conduct any soil borings xxxxx, unless the Demised Premises or other invasive testing procedures unless there has been a Material Release or Landlord has material portion thereof is rendered untenantable (excluding untenantability caused by (a) a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein Casualty, which shall be deemed to require Landlord to conduct any such testinggoverned by Article 21, measurement(b) eminent domain, investigation which shall be governed by Article 32, or assessment. Landlord shall give Tenant a minimum (c) the negligence or fault of Tenant, its agents, employees or contractors) for more than five (5) days written notice prior consecutive business days, in which event Rent shall be equitably abated in proportion to conducting the percentage of the Net Rentable Area within the Demised Premises that is untenantable until the entire Demised Premises (or portion thereof) are again tenantable, and, other than such abatement, Tenant waives any such inspection, tests, borings, measurements, investigation claim or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. cause of action against Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct for damages by reason of interruption of Tenant’s businessbusiness or loss of profits therefrom because of the prosecution of any such work or any part thereof. Notwithstanding For purposes hereof, any other provisions untenantability of the Demised Premises shall be determined by Landlord and Tenant acting reasonably. In the event there arises any dispute under this Article 15, the parties agree to first submit such dispute for resolution by non-binding mediation. Landlord shall exercise all due care in connection with any such entry into the Demised Premises and will undertake all reasonable efforts not to unduly disturb Tenant’s use and occupancy of the Demised Premises. Subject to a request for confidential treatment, certain portions of this Lease agreement have been intentionally omitted. The omitted portions subject to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result confidential treatment request are designated by three asterisks [***]. A complete version of Landlord’s inspections this agreement has been separately filed with the Securities and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsExchange Commission.

Appears in 1 contract

Samples: Deed of Lease Agreement (Newmarket Corp)

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord's Agents shall have the right to enter the Premises at all reasonable times upon reasonable notice to Tenant, except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of non-responsibility and similar notices and signs indicating the availability of the Premises for sale and/or lease, to show the Premises to interested parties such as prospective tenants, consultants, lenders and purchasers, to make necessary Alterations or maintenance and repairs, to perform Tenant's obligations as permitted herein when Tenant has been a Material Releasefailed to do so and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Term, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering being deemed to have caused an eviction of Tenant and without any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and in exercising its rights set forth herein, Landlord shall endeavor to cause the least possible interference with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises's business. Landlord shall select at all times have the right to retain a qualified environmental consultant key which unlocks all of the doors in the Premises, and any security codes and/or passwords for any security system installed by Tenant, but excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right to complete such tasks use any and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the Premises, and any entry to the Premises so obtained by Landlord or Landlord's Agents shall not conduct under any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall circumstances be deemed to require Landlord to conduct any such testingbe a forcible or unlawful entry into, measurementor a detainer of, investigation the Premises, or assessment. Landlord shall give an eviction of Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have from the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises.

Appears in 1 contract

Samples: Office Lease (Noosh Inc)

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord's Group shall have the right to enter the Premises at all reasonable times upon reasonable notice to Tenant, except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or maintenance and repairs, to perform Tenant's obligations as permitted herein when Tenant has been a Material Releasefailed to do so and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Term, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering being deemed to have caused an eviction of Tenant and without any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and in exercising its rights set forth herein, Landlord shall endeavor to cause the least possible interference with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises's business. Landlord shall select at all times have the right to retain a qualified environmental consultant key which unlocks all of the doors in the Premises, excluding Tenant's vaults and safes, and Landlord and Landlord's Group shall have the right to complete such tasks use any and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the Premises, and any entry to the Premises so obtained by Landlord or Landlord's Group shall not conduct under any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall circumstances be deemed to require Landlord to conduct any such testingbe a forcible or unlawful entry into, measurementor a detainer of, investigation the Premises, or assessment. Landlord shall give an eviction of Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have from the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises.

Appears in 1 contract

Samples: United Natural Foods Inc

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord and its agents, employees and contractors shall have the following rights in and about the Leased Premises: (i) to enter the Leased Premises at all reasonable times to examine the Leased Premises or for any of the purposes set forth in this Section or for the purpose of performing any obligation of Landlord under this Lease or exercising any right or remedy reserved to Landlord in this Lease, and if, in the case of an emergency, Tenant or its officers, partners, agents or employees shall not be personally present or shall not open and permit an entry into the Leased Premises at any time when such entry shall be necessary, forcibly to enter the Leased Premises; (ii) to exhibit the Leased Premises to others at reasonable times and for reasonable purposes after notifying Tenant and obtaining Tenant’s consent, which shall not be unreasonably withheld. Tenant may accompany Landlord and restrict sensitive areas of the Leased Premises; (iii) to make such repairs, alterations, improvements or additions, or to perform such maintenance, including the maintenance of all plumbing, electrical and other mechanical facilities installed by Landlord’s sole expense and sole discretion, as Landlord may enter upon the Premises (without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation deem necessary or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts desirable consistent with the Tenant’s environmental team. Nothing herein shall terms and conditions of this Lease; and (iv) to make such repairs, alterations or improvements, or to perform maintenance, of all HVAC, elevator, plumbing, electrical and other mechanical facilities installed by Landlord, as may be deemed required from time to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity time by this Lease to be present and to receive split test samples and/or to observe such testingmade or performed by Landlord. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspectionsgive reasonable advance notice before it exercises its rights under this subsection, and testing, except that Landlord shall not unduly interrupt may enter the Leased Premises without notice in the case of an emergency creating an imminent risk of injury to person or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease damage to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsproperty.

Appears in 1 contract

Samples: Lease Agreement (Fidelity & Guaranty Life)

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord's Agents shall have the right to enter the Premises at all reasonable times upon reasonable notice to Tenant, except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or maintenance and repairs, to perform Tenant's obligations as permitted herein when Tenant has been a Material Releasefailed to do so and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Term, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering being deemed to have caused an eviction of Tenant and without any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and in exercising its rights set forth herein, Landlord shall endeavor to cause the least possible interference with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises's business. Landlord shall select at all times have the right to retain a qualified environmental consultant key which unlocks all of the doors in the Premises, excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right to complete such tasks use any and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the Premises, and any entry to the Premises so obtained by Landlord or Landlord's Agents shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testingbe a forcible or unlawful entry into, measurementor a detainer of, investigation the Premises, or assessment. Landlord shall give an eviction of Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have from the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere Premises if conducted reasonably in accordance with the conduct of Tenant’s business. Notwithstanding any other provisions terms of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsLease.

Appears in 1 contract

Samples: Form Lease (Agouron Pharmaceuticals Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord reserves the right at all reasonable times during the term of this Lease for Landlord or Landlord's agents to enter the Premises for the purpose of inspecting and examining the same, at Landlord’s sole expense and sole discretionto show the same to prospective purchasers or tenants, and to make such repairs, alterations, improvements or additions as Landlord reasonably may deem necessary or desirable. During the one hundred twenty (120) days prior to the expiration of the term of this Lease or any renewal term, Landlord may enter exhibit the Premises to prospective tenants or purchasers, and place upon the Premises (the usual notices advertising the Premises for sale or lease, as the case may be, which notices Tenant shall permit to remain thereon without interfering with molestation. If Tenant shall not be personally present to open and permit an entry into said Premises and Landlord has tried to contact Tenant’s business , Landlord, or Landlord's agent, may at any time, when for any reason an entry therein shall be necessary or permissible, enter the same to the extent permitted by law, by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor, and operations on without in any manner affecting the Premises) obligations and make any inspectioncovenants of this Lease. If Landlord was unable to contact Tenant, tests, borings, measurements, investigation Landlord shall secure the Premises until Tenant or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materialsagent arrives. ProvidedNothing herein contained, however, that shall be deemed or construed to impose upon Landlord shall not conduct any soil borings obligation, responsibility or other invasive testing procedures unless there has been a Material Release liability whatsoever for the care, maintenance or Landlord has a reasonable basis repair of the building or any part thereof, except as otherwise herein specifically provided. In order to suspect there has been a Material Release on secure Landlord's right of entry hereunder, Tenant agrees to make no changes in the Premises. Landlord shall select a qualified environmental consultant to complete such tasks locks of the Premises and shall not conduct any such inspections or other activities described herein re-key the present locks without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days Landlord's prior written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsconsent.

Appears in 1 contract

Samples: Office Lease Agreement (Syntel Inc)

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord's Agents shall have the right to enter the Premises at all reasonable times during Tenant's business hours upon reasonable notice to Tenant (24 or more hours being deemed reasonable), except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to make necessary Alternations or maintenance and repairs, to perform Tenant's obligations as permitted herein when Tenant has been a Material Releasefailed to do so and, at Landlord’s sole expense and sole discretionany reasonable time after one hundred eighty (180) days prior to the expiration of the Term, Landlord may enter to place upon the Premises reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without being deemed to have caused an eviction of Tenant and without any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant (including, without interfering limitation, those pertaining to Tenant's trade secrets and clean-room operations) and in exercising its rights set forth herein. Landlord shall endeavor to cause the least possible interference with Tenant’s business and operations on 's business. Landlord shall at all times have the right to retain a key which unlocks all of the doors in the Premises) , excluding Tenant's vaults and make safes, and Landlord and Landlord's Agents shall have the right to use any inspection, tests, borings, measurements, investigation or assessment and all means which Landlord deems necessary in may deem proper to open the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord doors Landlord's Agents shall not conduct under any soil borings circumstances be deemed to be a forcible or other invasive testing procedures unless there has been unlawful entry into, or a Material Release detainer of, the Premises, or Landlord has a reasonable basis to suspect there has been a Material Release on an eviction of Tenant from the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with Except during the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testinglast six (6) months of the Term, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have rightfully refuse access to the opportunity Premises to any person known or suspected by Tenant to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct a competitor of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Laws.

Appears in 1 contract

Samples: Cardima Inc

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord shall have the right, at Landlord’s sole expense all reasonable hours, provided Landlord gives Tenant reasonable prior notice and sole discretiongives Tenant the opportunity to have a representative of Tenant present (except in the event of an emergency), to enter the Premises for the following: emergency inspection; making repairs as Landlord may enter deem necessary or desirable; determining Tenant's use of the Premises; or determining if an act of default under this Lease has occurred or upon the occurrence of a default; or to exhibit the Premises to mortgagees, prospective mortgagees and prospective purchasers; or to exhibit the Premises to prospective tenants during the last nine (9) months of the Lease Term or at any other time that Tenant is in default hereunder beyond applicable notice and cure periods. During such time as work is being performed in or about the Premises, payments provided herein shall not abatx xxx Tenant waives any claim or cause of action against Landlord by reason of interruption of Tenant's business or loss of profits resulting therefrom, provided that Landlord shall use reasonable efforts not to materially interfere with Tenant's daily operation of its business in the Premises. Notwithstanding the foregoing, subject to the provisions below, Tenant shall be permitted to install locks or other access control devices for high security areas in the Premises (without interfering such areas designated by Tenant in writing to Landlord are herein referred to as the "Secured Areas"), and Tenant shall not be required to furnish Landlord with Tenant’s business a duplicate set of keys or access control devices to the Secured Areas (unless Landlord is required by law to have keys or other means of access to such Secure Areas), and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings be permitted to enter the Secured Areas (i) unless with the prior written consent of Tenant, which consent Tenant shall not unreasonably withhold or other invasive testing procedures unless there has been a Material Release delay, or Landlord has a reasonable basis to suspect there has been a Material Release on (ii) except in the Premisescase of an emergency. Landlord The Secured Areas shall select a qualified environmental consultant to complete such tasks not constitute more than ten percent (10%) of the total rentable area of the Premises and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with eliminate access to the Tenant’s environmental teamportion of the Premises which is not a Secured Area. Nothing herein shall be deemed To the extent Landlord is otherwise obligated to require Landlord do so pursuant to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testingthis Lease, Landlord shall not unduly interrupt or interfere with be required to perform any service to any Secured Area to which Landlord does not have access and for which access is necessary for the conduct provision of Tenant’s businesssuch service. Notwithstanding any other provisions of this Lease The Secured Areas shall not prevent access to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result roof of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsBuilding.

Appears in 1 contract

Samples: Lease Agreement (Serologicals Corp)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseThe Landlord and its authorized representatives shall be entitled to enter the Premises without interference with Xxxxxx's business operation, at Landlord’s sole expense any reasonable time during the Tenant's usual business hours, after giving the Tenant at least twenty-four (24) hours' oral or written notice thereof, (a) to inspect the Premises, (b) to exhibit the Premises (i) to any existing or prospective purchaser or Mortgagee thereof, or (ii) during the last twelve (12) months of the Term (or at any time if Tenant is in default after notice and sole discretionapplicable cure periods) to any prospective tenant thereof, provided that in doing so the Landlord and each such invitee observes all reasonable safety standards and procedures which the Tenant may require, and (c) to make any repair thereto and/or to take any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, that in any situation in which, due to an emergency or otherwise, the Landlord reasonably believes the physical condition of the Premises, the Building or any part of the Property would be unreasonably jeopardized unless the Landlord were to take such action immediately, the Landlord shall not be required to give such notice to the Tenant and may enter the same at any time). Nothing in this section shall be deemed to impose any duty on the Landlord to make any such repair or take any such action which it is not otherwise obligated to make or take under the terms of that Lease, and the Landlord's performance thereof shall not constitute a waiver of the Landlord's right hereunder to have the Tenant perform such work. The Landlord shall not in any event be liable to the Tenant for any inconvenience, annoyance, disturbance, loss of business or other damage sustained by the Tenant by reason of the making of such repairs, the taking of such action or the bringing of materials, supplies and equipment upon the Premises (without interfering with during the course thereof, and the Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided's obligations under this Lease shall not be affected thereby; provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been if Tenant is unable to use all of a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on substantial portion of the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein Premises for forty-five (45) days for its business purposes, Tenant shall be deemed to require Landlord to conduct any such testing, measurement, investigation be constructively evicted from the Premises or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspectionsrelevant portion thereof, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease 's obligation to the contrary, Landlord pay Base Rent shall be solely responsible for any costs, claims, damages, expenses abated from the date all or liabilities that arise as a result such relevant portion of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental LawsPremises becomes unusable until rendered usable again.

Appears in 1 contract

Samples: Gse Systems Inc

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord or his agents shall have the right to enter the Premises at reasonable times upon reasonable notice in order to examine it or to show it to prospective tenants or buyers, at to place “For Rent” or “For Sale” signs on or about the Premises, and to make modifications or other changes to the Property as are necessary in Landlord’s sole expense and sole discretiondiscretion to facilitate development of the Property, provided, however, Landlord may enter upon shall use its best efforts to minimize the Premises (without interfering effect of any such entry or any interference with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise use of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testingUpon receipt of reasonable advance notice from Landlord, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may arrange to have a designated representative accompany Landlord in entering the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receiptPremises. Landlord’s right of entry reentry shall not be deemed to impose upon Landlord any obligation, responsibility, or liability for the care, supervision or repair of the Premises other than as herein provided; except that Landlord shall use reasonable care to prevent loss or damage to Tenant’s property resulting from Landlord’s entry. Landlord shall have the right at any time, without effecting an actual or constructive eviction and inspection without incurring any liability to Tenant therefore, to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Buildings and to change the name, number or designation by which the Buildings are commonly known, provided that such action does not result in any unreasonable interference with Tenant’s access to or use of the Premises. Notwithstanding the foregoing, Landlord shall include have the right to inspect Tenant’s records required enter the Premises without first giving notice to be maintained pursuant to Environmental LawsTenant in the event of an emergency where the nature of the emergency will not reasonably permit the giving of notice.

Appears in 1 contract

Samples: Lease Agreement (Elio Motors, Inc.)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseTo permit Landlord and its agents to examine the Premises at reasonable times (including, without limitation, Monday through Friday, 8:00 a.m. until 6:00 p.m.) and upon reasonable prior notice to Tenant (except in the event of an emergency where Landlord shall only be required to use reasonable efforts to provide notice, which need not be in writing, and only to the extent feasible considering the emergency) and, if Landlord shall so elect, to make any repairs or replacements Landlord may deem reasonably necessary; to remove, at Landlord’s sole expense Tenant's expense, any alterations, addition, signs, curtains, blinds, shades, awnings, aerials, flagpoles, or the like not consented to in writing (where such consent is required hereunder); and sole discretionto show the Premises to prospective tenants during the twenty (20) months preceding expiration of the Term (unless Tenant shall have given Landlord a Tenant's Extension Notice and Tenant shall have waived any right to withdraw said Extension Notice and Tenant shall be unconditionally bound to extend the then existing Term under Section 2.4.0) and to prospective purchasers and mortgagees at all reasonable times and upon reasonable prior notice to Tenant. In addition, Landlord may enter upon agrees that if it is showing the Premises (without interfering to a prospective tenant or purchaser who is engaged in a business in direct competition with that of Tenant’s business , Tenant shall have the right to have a representative present during such entry and operations to place reasonable restrictions on such competitor's access to areas where Tenant's work product may be in plain view. In connection with the foregoing, Landlord shall identify all prospective tenants or purchasers and their representatives by name to Tenant prior to bringing said parties into the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe reasonably determine whether or not such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct parties are direct competitors of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided; provided, however, no notice from Landlord to Tenant shall be required under urgent that in the event a prospective tenant or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required purchaser does not want to be maintained pursuant thus identified, such prospective tenant's or purchaser's access will be limited to Environmental Lawssuch portions of the Premises as Tenant may elect as if such party were a direct competitor of Tenant.

Appears in 1 contract

Samples: Sublease (Datawatch Corp)

LANDLORD'S RIGHT OF ENTRY. If there Tenant shall permit Landlord to enter the Premises, with notice and at all times escorted by Tenant or any of Tenant’s authorized agents, provided that the timing of such entry will not unreasonably disturb or interfere with Tenant’s use of the Premises and operation of its business, for any one or more of the following purposes: (a) to examine or inspect the Premises; (b) to show the Premises to Persons considering purchasing or (during the last nine (9) months of the term) leasing the Premises; (c) to maintain, repair, or replace any component of the Premises that Tenant has been failed to maintain, repair or replace in accordance with the provisions of this Lease, or to make Capital Repairs; (d) to take such steps as Landlord may reasonably determine necessary for the safety, improvement and preservation of the Premises; (e) as may be necessary to comply with the laws, orders or requirements of governmental or other authority; and (f) to post notices of non-responsibility in a Material Releasevisible location provided by Tenant therefor. In regard to entry for those purposes set forth in subsections (a) and (d) above, at Landlord may only exercise such access rights once in any three (3) month period unless otherwise allowed by Tenant. Landlord shall consult with and give reasonable notice to Tenant prior to any entry upon the Premises pursuant to this Section 7.6. Landlord shall indemnify Tenant for all losses and damages to the Premises and to fixtures and personal property of Tenant (but not for loss of business or good will) arising from Landlord’s sole expense and sole discretion(or its agent’s) negligence or willful misconduct during such an entry. Under no circumstances will any entry made for any of the reasons described above or any consequences thereof (including without limitation, any work done, or services temporarily reduced or shut off): (i) constitute an eviction of Tenant or default of Landlord’s obligation to provide quiet enjoyment; (ii) in any way affect the legal validity of this Lease; or (iii) entitle Tenant to any diminution or abatement of any Rent. Notwithstanding anything to the contrary in this Lease, Landlord may enter upon the Premises (in cases of emergency without prior notice to Tenant and without any obligation to avoid interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct operation of Tenant’s business. Notwithstanding If Tenant is not personally present to open and permit an entry into the Premises at any other provisions of this Lease time when such entry by Landlord is necessary due to the contraryemergency circumstances, Landlord shall understands the Premises will be solely responsible for any costsalarmed. PATRIOT CARE CORP. Application 3 of 3, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Laws.Exhibit 5.1

Appears in 1 contract

Samples: Lease Agreement (Columbia Care Inc.)

LANDLORD'S RIGHT OF ENTRY. If there Landlord and Landlord’s Agents shall have the right to enter the Premises at all reasonable times upon reasonable Notice to Tenant (except for emergencies or to provide janitorial services, in which case no Notice shall be required) to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises for sale, to show the Premises to interested parties such as prospective lenders and purchasers, to perform Landlord’s obligations under this Lease, to perform Tenant’s obligations as permitted herein when Xxxxxx has been a Material Releasefailed to do so, to exercise Landlord’s rights under this Lease and, at Landlord’s sole expense and sole discretionany reasonable time, Landlord may enter to place upon the Premises (reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be being deemed to require Landlord have caused an eviction of Tenant and without any liability to conduct any such testing, measurement, investigation Tenant or assessmentabatement of Rent. Landlord shall give Tenant a minimum The above rights are subject to reasonable security regulations of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testingin exercising its rights set forth herein, Landlord shall not unduly interrupt or interfere use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business. Notwithstanding Landlord shall at all times have the right to retain a key which unlocks all of the doors in the Premises, excluding Tenant’s vaults and safes, and Landlord and Landlord’s Agents shall have the right to use any other provisions of this Lease and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the contraryPremises, Landlord shall be solely responsible for and any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing entry to the extent attributable to the negligence or misconduct of Premises so obtained by Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant Agents shall not under any circumstances be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required deemed to be maintained pursuant to Environmental Lawsa forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises.

Appears in 1 contract

Samples: Standard Form Office Lease (Flitways Technology Inc.)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord or its agents shall have the right to enter the Leased Premises at reasonable times upon reasonable notice in order to examine it or to show it to prospective tenants or buyers, at to place “For Rent” or “For Sale” signs on or about the Leased Premises, and to make modifications or other changes to the Property as are necessary in Landlord’s reasonable, sole expense and sole discretiondiscretion to facilitate development of its property, provided, however, Landlord may enter upon shall use its reasonable efforts to minimize the Premises (without interfering effect of any such entry or any interference with Tenant’s business and operations on use of the Leased Premises) and make . Upon receipt of reasonable advance notice from Landlord, Tenant may arrange to have a designated representative accompany Landlord in entering the Leased Premises. Landlord’s right of reentry shall not be deemed to impose upon Landlord any inspectionobligation, testsresponsibility, boringsor liability for the care, measurements, investigation supervision or assessment Landlord deems necessary in repair of the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, Leased Premises other than as herein; provided; however, that Landlord shall not conduct prevent loss or damage to Tenant’s property resulting from Landlord’s entry, and shall reimburse Tenant for the cost resulting from any soil borings such damage or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premisesloss. Landlord shall select a qualified environmental consultant have the right at any time, without effecting an actual or constructive eviction and without incurring any liability to complete such tasks Tenant therefore, to change the arrangement or location of entrances or passageways, doors and shall not conduct any such inspections doorways, corridors, elevators, stairs, toilets or other activities described herein without consulting and coordinating public parts of the Buildings (provided that such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions action does not interference with Tenant’s environmental teamaccess to or use of the Leased Premises) and to change the name, number or designation by which the Building is commonly known. In conducting any such inspections, and testingNotwithstanding the foregoing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include have the right to inspect Tenant’s records required enter the Leased Premises without first giving notice to be maintained pursuant to Environmental LawsTenant in the event of an emergency where the nature of the emergency will not reasonably permit the giving of notice.

Appears in 1 contract

Samples: www.fishers.in.us

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at Landlord’s sole expense and sole discretion, Landlord may enter upon the Premises at any reasonable time and upon notice to Tenant except in the event of an emergency, to (without interfering i) inspect the Premises, (ii) exhibit the Premises to prospective purchasers, lenders or tenants, (Iii) determine whether Tenant is complying with all its obligations hereunder, (iv) supply janitorial services, (v) post notices, (vi) make repairs, (vii) decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy if Tenant vacates the Premises prior to the expiration of the Term, and (viii) take any other measures, including inspections, repairs, alterations, additions and improvements to the Premises or to the Building as may be necessary or desirable for the safety, protection or preservation of the Premises, the Building or the Vaca Xxxley Business Park. Any such entry shall be for a reasonable period only and, if Tenant has not vacated the Premises, cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business 's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and operations on retain a key with which to unlock the Premises) , and make Landlord shall have the right to use any inspection, tests, borings, measurements, investigation or assessment and all means which Landlord deems necessary may deem proper in the exercise of its reasonable judgment an emergency in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis obtain entry to suspect there has been a Material Release on the Premises. Any entry to the Premises obtained by Landlord shall select a qualified environmental consultant to complete such tasks and by any of said means, or otherwise, shall not conduct under any such inspections circumstances be construed or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises, or any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsportion thereof.

Appears in 1 contract

Samples: Lease (Large Scale Biology Corp)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, Landlord or his agents shall have the right to enter the Property at Landlord’s sole expense and sole discretion, Landlord may enter reasonable times upon the Premises reasonable advance notice of no less than forty eight (without interfering with Tenant’s business and operations on the Premises48) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment hours in order to determine examine it or to show it to prospective lenders, consultants, buyers, or, during the presence last twelve (12) months of Hazardous Materials. Providedthe Term or at any time during the pendency of an Event of Default, prospective tenants, to place “For Rent” or “For Sale” signs on or about the Property, provided, however, Landlord shall use its best efforts to minimize the effect of any such entry or any interference with Xxxxxx’s use of the Property. Landlord must at all times be accompanied by a designated representative of Tenant when showing the Property to any third party and shall be strictly prohibited from taking any photographs of the building interior that capture, reflect or otherwise reveal any of Tenant’s proprietary materials, trade secrets or information that should reasonably understood by Landlord to constitute Tenant’s non-public, confidential information, without Xxxxxx’s prior written consent, which consent may be withheld in Xxxxxx’s sole discretion. Xxxxxxxx’s right of reentry shall not be deemed to impose upon Landlord any obligation, responsibility, or liability for the care, supervision or repair of the Property other than as herein provided; except that Landlord shall use reasonable care to prevent loss or damage to Tenant’s property resulting from Xxxxxxxx’s entry. Notwithstanding the foregoing, Landlord shall have the right to enter the Property without first giving notice to Tenant in the event of an emergency where the nature of the emergency will not reasonably permit the giving of notice. Notwithstanding the foregoing, Landlord shall not have any sampling performed on the Property unless: (i) Landlord has reasonable grounds for conducting the same; (ii) upon Tenant’s written request, Landlord shall provide a copy of the sampling results to Tenant and/or an environmental consultant engaged by Xxxxxx; (iii) Landlord provides Tenant the right to have its environmental consultant conduct any soil borings or other simultaneous sampling of the same nature, (iv) no invasive testing procedures is completed unless there has been the same is recommended by a Material Release Phase I environmental site assessment conducted pursuant to this section (or Landlord has a reasonable basis required by applicable law following the initial sampling conducted pursuant to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testingthis section), measurement(v) unless sampling is required by an emergency, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity sampling Landlord’s environmental consultant shall use reasonable efforts to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions confer with Tenant’s environmental team. In conducting any such inspectionsconsultant about an appropriate sampling work plan, and testing(vi) all individuals who enter the Property to conduct the sampling comply with any written safety procedures for the Property provided to them by Tenant, Landlord shall not unduly interrupt or interfere with follow all applicable provisions in this Paragraph 18, and maintain the conduct confidentiality of Tenant’s business. Notwithstanding any other provisions of information provided to them that is marked “confidential” (subject to any exceptions in this Lease applicable to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result in respect of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawssuch confidentiality).

Appears in 1 contract

Samples: Lease Agreement (Faraday Future Intelligent Electric Inc.)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at Landlord’s sole expense and sole discretion, Landlord or its authorized representatives may enter upon the Premises (without interfering with at all times during Tenant’s business and operations on 's Business Hours to inspect the Premises, make repairs to the Premises authorized hereunder or perform any work therein (i) and needed to comply with any laws, ordinances, rules or regulations of any public authority or the Insurance Services Office or any similar body, (ii) that is necessary to prevent waste or deterioration in or to the Premises if Tenant fails to make any inspectionrepairs or perform required work promptly after receipt of written demand from Landlord, tests, borings, measurements, investigation or assessment Landlord deems (iii) that is necessary in the exercise of its reasonable judgment in order to determine the presence of Hazardous Materials. Provided, however, that Landlord shall not conduct any soil borings or other invasive testing procedures unless there has been a Material Release or Landlord has a reasonable basis to suspect there has been a Material Release on the Premises. Landlord shall select a qualified environmental consultant to complete such tasks and shall not conduct any such inspections or other activities described herein without consulting and coordinating such efforts connection with the Tenant’s environmental teamexpansion, reduction, remodeling, or renovation of any portion of the Shopping Center. Nothing herein shall be deemed to require implies any duty of Landlord to conduct do any such testingwork which, measurementunder any provision of this Lease, investigation or assessment. Landlord Tenant is required to do, nor shall give Landlord's performance of any repairs on behalf of Tenant constitute a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct waiver of Tenant’s business's default in failing to do such work. No exercise by Landlord of any rights hereunder shall entitle Tenant to any compensation, damages or abatement of Rent for any injury or inconvenience occasioned by such exercise. If Landlord makes or performs any repairs provided for in (i) or (ii) above, Tenant shall pay the cost thereof to Landlord as additional rent promptly upon receipt of a xxxx therefor. Notwithstanding any other provisions of this Lease hereof to the contrary, except in the case of emergency, Landlord shall not enter the Premises only during normal business hours following the giving of forty-eight (48) hours notice (which shall be in writing, unless notice is given to Tenant's Chief Financial Officer or the branch manager on the Premises, either of whom may request that any oral notice be confirmed with a written notice) and Landlord shall be solely responsible accompanied by a representative of Tenant (except that such restrictions shall not apply on such days as the Premises are not open for any coststhe conduct of Tenant's business or in the event of an emergency, claimsin which cases Landlord shall make reasonable efforts to give oral notice to Tenant's Chief Financial Officer or the branch manager on the Premises). Furthermore, damagesin the event of an emergency, expenses Landlord's representative shall enter the Premises only with the accompaniment of the appropriate third-party emergency response official from the Sacramento Fire Department, Sacramento Police Department, or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agentsother appropriate governmental agency. Provided, however, no notice from Landlord to Tenant All such entries shall be required under urgent or emergency conditions. Tenant shall be provided in conformance with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry all applicable federal and inspection shall include the right to inspect Tenant’s records required to be maintained pursuant to Environmental Lawsstate laws and regulations.

Appears in 1 contract

Samples: Nara Bancorp Inc

LANDLORD'S RIGHT OF ENTRY. If there has been a Material ReleaseLandlord or its agents shall have the right to enter the Premises, at Landlord’s sole expense and sole discretionreasonable times upon reasonable notice to Tenant, Landlord may enter upon the Premises (without interfering with Tenant’s business and operations on the Premises) and make any inspection, tests, borings, measurements, investigation or assessment Landlord deems necessary in the exercise of its reasonable judgment in order to determine examine the presence Premises, to show the Premises to buyers, or during the last nine (9) months of Hazardous Materials. Providedthe Term, however, that Landlord shall not conduct any soil borings to show the Premises to prospective tenants and to place “For Rent” or other invasive testing procedures unless there has been a Material Release “For Sale” signs on or Landlord has a reasonable basis to suspect there has been a Material Release on about the Premises. Landlord shall select a qualified environmental consultant may make modifications or other changes to complete such tasks and shall not conduct the Property as are necessary, in Landlord’s sole discretion, to facilitate development of the Property, so long as Landlord uses its best efforts to minimize the effect of any such inspections entry or other activities described herein without consulting and coordinating such efforts with the Tenant’s environmental team. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions material interference with Tenant’s environmental teamuse of the Premises. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct Upon receipt of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no reasonable advance notice from Landlord, Tenant may arrange to have a designated representative of Tenant accompany Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth in entering the results of any test performed by Landlord promptly upon receiptPremises. Landlord’s right of entry shall not be deemed to impose upon Landlord any obligation, responsibility, or liability for the care, supervision or repair of the Premises other than as provided in this Lease, except that Landlord shall use reasonable care to prevent loss or damage to Tenant’s property resulting from Landlord’s entry. Landlord shall have the right at any time, without effecting an actual or constructive eviction and inspection without incurring any liability to Tenant therefor, to reasonably change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Building and/or Property and to change the name, number or designation by which the Building and/or Property are commonly known, so long as such action does not result in any unreasonable interference with Tenant’s access to or use of the Premises or with the business carried on by Tenant in the Premises. Notwithstanding the foregoing, Landlord shall include have the right to inspect Tenant’s records required enter the Premises without first giving notice to be maintained pursuant to Environmental LawsTenant in the event of an emergency or where the nature of the emergency will not reasonably permit the giving of notice.

Appears in 1 contract

Samples: Lease Agreement (Inogen Inc)

LANDLORD'S RIGHT OF ENTRY. If there has been a Material Release, at Landlord’s sole expense and sole discretionNotwithstanding anything to the contrary contained in this Section 14, Landlord shall retain duplicate keys to all doors of the Premises and Landlord or any Landlord Party may enter upon the Premises at any time to: (a) examine and inspect the Premises (without interfering with including to confirm Tenant’s business and operations on compliance with its obligations under this Lease), (b) show the PremisesPremises to prospective investors, purchasers, mortgagees, lessors or lessees, (c) and make any inspectionsuch repairs, testsalterations, borings, measurements, investigation replacements or assessment additions to the Premises (i) which Landlord deems necessary may elect to perform following Tenant’s failure to perform or in the event of an emergency, or (ii) for which Landlord is responsible, (d) comply with any Laws, (e) post notices of nonresponsibility and (f) exercise Landlord’s remedies upon the occurrence and during the continuation of its reasonable judgment a Default all without being liable to Tenant in order to determine the presence of Hazardous Materials. Providedany manner whatsoever for any damages arising therefrom; provided, however, that Landlord shall, except in case of emergency, afford Tenant such prior notification of an entry into the Premises as shall be reasonably practicable under the circumstances, but not conduct any soil borings or other invasive testing procedures less than one (1) Business Day, unless there has been a Material Release or Landlord has a reasonable basis otherwise agreed to suspect there has been a Material Release on the Premisesby Tenant. Landlord shall select a qualified environmental consultant be allowed to complete such tasks take into and shall not conduct through the Premises any and all materials that may be required to make any such inspections repairs, additions, alterations or other activities described herein without consulting and coordinating improvements. Any such efforts with the Tenant’s environmental team. Nothing herein entries shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum without the abatement of five (5) days written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment, so that Tenant may have the opportunity to be present Rent and to receive split test samples and/or to observe such testing. Landlord agrees to consult with and coordinate such actions with Tenant’s environmental team. In conducting any such inspections, and testing, Landlord shall not unduly interrupt or interfere with the conduct of Tenant’s business. Notwithstanding any other provisions of this Lease to the contrary, Landlord shall be solely responsible for any costs, claims, damages, expenses or liabilities that arise as a result of Landlord’s inspections and testing to the extent attributable to the negligence or misconduct of Landlord or Landlord’s agents. Provided, however, no notice from Landlord to Tenant shall be required under urgent or emergency conditions. Tenant shall be provided with a copy of each report setting forth the results of any test performed by Landlord promptly upon receipt. Landlord’s right of entry and inspection shall include the right to inspect take such reasonable steps as are required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s records required business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby except in the case of the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the circumstances and manner described in this Section 14 shall not be deemed to be maintained pursuant to Environmental Lawsa 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.

Appears in 1 contract

Samples: Lease (Lifelock, Inc.)

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