Common use of Landlord's Rights Regarding Use Clause in Contracts

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; (c) Landlord, its employees and agents and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case of an emergency) for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry.

Appears in 4 contracts

Samples: Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.)

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Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; (c) Landlord, its employees and agents and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case of an emergency) for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry.

Appears in 2 contracts

Samples: Office Lease Agreement (Interactive Intelligence Inc), Office Lease Agreement (Interactive Intelligence Inc)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord’s rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or Lease (but without modifying Landlord’s obligations to maintain and operate the Common AreasAreas and construct, each maintain and operate the Additional Improvements in accordance with the other provisions of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: this Lease) (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper, and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises Premises, at reasonable times and upon reasonable at least five (5) business day’s prior notice and with the presence of a Tenant representative (except in the case event of an emergency) emergency or to perform emergency or immediate repair and maintenance that Landlord is required to perform under this Lease, in which case no notice shall be required), for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants (in the latter case, only during the last eighteen (18) months of the Lease Term), and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. All such access by Landlord or any other party pursuant to the preceding sentence shall be subject to Landlord or such party abiding by Tenant’s security requirements and procedures, and except in the case of emergency Landlord or such party must be accompanied by a representative of Tenant; provided that if Tenant does not make a representative available for a properly noticed access by Landlord (or waive such requirement) then Landlord may proceed to enter without such accompaniment. In the absence of negligence or willful misconduct Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, Lease or entitle Tenant to any abatement of rent therefor; providing . In addition, Landlord has the right at any time to change the name, number or designation by which the Building is commonly known, provided that Landlord shall pay Tenant’s reasonable, actual costs and expenses (not to exceed $2,500) incurred as a result of any such change by Landlord. Landlord shall use commercially reasonable efforts to minimize interference with Tenant's ’s use and occupancy of the Leased Premises in during the exercise making of its rights hereunder. Notwithstanding anything contained herein such repairs, alterations or improvements provided that Landlord shall have no obligation to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject employ contractors or labor at overtime or other premium pay rates or to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryincur any other overtime costs or additional expenses whatsoever.

Appears in 2 contracts

Samples: Lease Agreement (Grail, Inc.), Lease Agreement (Grail, Inc.)

Landlord's Rights Regarding Use. In addition to the Landlord’s rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas Building Land or Improvements (excluding the Building) in such manner as it reasonably deems necessary; necessary or proper so long as any such control, change or alteration does not materially and adversely affect Tenant’s use of the Leased Premises for the Permitted Use, and (cb) Landlord, its employees and agents agents, employees, representatives, consultants, contractors and any mortgagee mortgagees of the Building Leased Premises, shall have the right (but not the obligation) to enter any part of the Leased Premises (other than the Building) at any time without prior notice, and any part of the Building at reasonable times and upon reasonable not less than two (2) business days’ notice and with the presence of a Tenant representative (except in the case event of an emergency) emergency where no notice shall be required), for the purposes of (i) examining or inspecting the samesame (including, without limitation, to perform any and all environmental inspections, testing and other environmental activities as Landlord may deem reasonably necessary or desirable and testing to confirm Tenant’s compliance with this Lease), (ii) showing the same to prospective purchasers or mortgagees, (iii) during the last twelve (12) months of the Lease Term and any time Tenant is in Default hereunder, showing the same to prospective purchaserstenants, mortgagees or tenants and (iv) making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may reasonably deem necessary or desirable. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing . In exercising any rights of entry to the Building, Landlord shall use commercially reasonable efforts to minimize interference with any disturbance to or interruption of Tenant's ’s use of the Leased Premises and the normal operation of Tenant’s business conducted therein, including reasonable efforts to coordinate with Tenant in the exercise scheduling of its rights hereundersuch non-emergency entry. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, and any third parties entering the Building at Landlord’s invitation or request shall at all times strictly observe Tenant’s rules relating to security and confidentiality at the Building (including, but not limited to, a requirement to execute a reasonable confidentiality agreement prior to entering the Building). Tenant shall have the right, in its employees and/or agents enter the Leased Premises (subject sole discretion, to the notice and presence of designate a Tenant representative to accompany Landlord, or any third parties, while they are at the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryBuilding.

Appears in 2 contracts

Samples: Lease (Blue Apron Holdings, Inc.), Lease (Blue Apron Holdings, Inc.)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areascommon areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Tenant, (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or advertisements, notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to control, change but not materially diminish or otherwise alter the Common Areas in such manner common areas as it reasonably deems necessaryshall deem necessary or proper, provided such change does not materially and adversely impact Tenant use of the Leased Premises for the Permitted Use; and (c) Landlord or Landlord’s agent shall be permitted to inspect or examine the Leased Premises at any reasonable time upon not less than 24 hours prior notice (except in the event of an emergency, in which case no such prior notice shall be required). With respect to any such entry by Landlord, its employees Landlord shall be accompanied by Tenant’s Facilities Management representative, provided Tenant makes such representative available to Landlord, and agents and any mortgagee of the Building Landlord shall have the right to enter make any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case of an emergency) for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants and making such repairs, alterations or improvements repairs to the Leased Premises or the Building which are necessary for its preservation; provided, however, that any repairs made by Landlord shall be at Tenant’s expense, except as Landlord may deem necessary or desirableprovided in Section 7.02 hereof. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing provided, however, that Landlord shall agrees to use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry’s business operations.

Appears in 2 contracts

Samples: Industrial Lease Agreement, Industrial Lease Agreement (Primerica, Inc.)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord's rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Lease (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, upon written notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper, and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency where no notice shall be required) for the purposes of examining or inspecting the samesame (including, without limitation, testing to confirm Tenant's compliance with this Lease), showing the same to prospective purchasers, mortgagees mortgagees, showing (within the last twelve (12) months of the Lease Term and at reasonable times or tenants any time during the Lease Term in the event of a Default hereunder) the same to prospective tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. Except as provided in Article 8 below, Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing provided, however, that except in case of an emergency, Landlord shall use commercially reasonable efforts to minimize interference with any interruption to Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, business operation during entry by Landlord hereby acknowledges that Tenant maintains sensitive material within into the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice except in case of emergency shall be accompanied by Tenant and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryfollow Tenant's protocol.

Appears in 2 contracts

Samples: Office Lease (Tekelec), Office Lease (Tekelec)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord’s rights specified elsewhere in this Lease, (a) Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areasright, each of which may be exercised at any time, without notice or liability to Tenant except as herein provided to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the BuildingTenant, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessarynecessary or proper but without materially adversely affecting Tenant's permitted use of the Leased Premises, including access to the Leased Premises; and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises (except that if required to comply with applicable laws or regulations Tenant shall have the right to designate certain portions of the Leased Premises as secured and not subject to such access unless Landlord’s agents, employees, or contractors are accompanied by an authorized representative of Tenant) at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency where no notice shall be required) for the purposes of examining or inspecting the samesame (including, without limitation, testing to confirm Tenant’s compliance with this Lease), showing the same to prospective purchasers, mortgagees or tenants (but only in the final 12 month of the Term with respect to tenants), and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing provided, however, Landlord shall use commercially reasonable efforts to minimize interference with any adverse impact on the conduct of Tenant's use of ’s business in the Leased Premises in the exercise of its rights hereunderPremises. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that and agrees to provide Tenant maintains sensitive with prior written notice prior to making any change to the Common Areas resulting in a material within the Leased Premises and reduction in the event Landlord, its employees and/or agents enter the Leased Premises (subject size of or Tenant’s access to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryCommon Areas.

Appears in 2 contracts

Samples: Office Lease (Telix Pharmaceuticals LTD), Office Lease (Telix Pharmaceuticals LTD)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Tenant, (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or advertisements, notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access , to the Leased Premisesextent not prohibited in Section 8 of Exhibit “D” attached hereto; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessaryshall deem necessary or proper, provided that Landlord shall not materially and adversely interfere with the operation of Tenant’s business in the Leased Premises or any other right and benefit granted to Tenant herein, and provided that Landlord shall not make any such changes within the “Prohibited Area” shown on Exhibit “A-3” attached hereto, without the prior written consent of Tenant, which consent shall not be unreasonably withheld or delayed; and (c) Landlord or Landlord’s agent shall be permitted to inspect or examine the Leased Premises at any reasonable time upon reasonable notice (except in an emergency when no notice shall be required), its employees and agents and any mortgagee of the Building Landlord shall have the right to enter make any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case of an emergency) for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants and making such repairs, alterations or improvements repairs to the Leased Premises or the Building which are necessary for its preservation; provided, however, that any repairs made by Landlord shall be at Tenant’s expense, except as Landlord may deem necessary or desirableprovided in Section 7.02 hereof. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything to the contrary contained herein to during the contraryterm of this Lease, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event LandlordTenant is operating in 100% of the Building, its employees Landlord shall not, without the prior written consent of Tenant, which consent shall not be unreasonably withheld or delayed, (a) undertake, or allow to be undertaken, any development or redevelopment within the Project which is not in conformity with the Site Plan, (b) reconfigure the Common Areas, as it is shown on the Site Plan, or (c) alter the size or location of curb cuts or private drives that provide access to the Project and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryPremises.

Appears in 2 contracts

Samples: Office, Warehouse and Distribution Center (Container Store Group, Inc.), Office, Warehouse and Distribution Center (Container Store Group, Inc.)

Landlord's Rights Regarding Use. In addition to the Landlord’s rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Lease (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper, provided that any permanent changes and alterations will not materially adversely affect Tenant’s access to or use and operations in the Premises and the Building, and (cb) Landlord, its employees and agents agents, employees, representatives, consultants, contractors and any mortgagee of the Building shall have the right (but not the obligation) to enter any part of the Leased Premises at reasonable times and upon reasonable at least 24 hours prior notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency or to provide regularly scheduled Building services where no notice shall be required) and to enter upon the Building and Common Areas at any time without notice for the purposes of examining or inspecting the samesame (including, without limitation, testing to confirm Tenant’s compliance with this Lease), and enter any part of the Premises at reasonable times upon at least 24 hours prior notice for purposes of showing the same to prospective purchasers, mortgagees or tenants or, during the last twelve (12) months of the Term, to tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. If reasonably necessary, Landlord may schedule a time that is reasonably acceptable to Tenant to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing . This Lease does not grant any rights to light or air over or about the Premises or Building. Landlord excepts and reserves exclusively to itself any and all rights not specifically granted to Tenant under this Lease. Landlord may erect, use and maintain concealed ducts, pipes and conduits in and through the Premises provided such use does not cause the usable area of the Premises to be reduced beyond a de minimis amount. During access to the Premises and exercise of Landlord’s rights hereunder, Landlord shall use commercially reasonable efforts to minimize interference with not materially adversely affect Tenant's use of the Leased Premises ’s normal operations in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises or materially increase Tenant’s costs and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), expenses for such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryoperations.

Appears in 1 contract

Samples: Office Lease (One)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord's rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Lease (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Exterior Areas in such manner as it reasonably deems necessary; necessary or proper so long as any such control, change or alteration does not materially or adversely affect Tenant's use of the Leased Premises for the Permitted Use, and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency where no notice shall be required) for the purposes of (i) examining or inspecting the samesame (including, without limitation, testing to confirm Tenant's compliance with this Lease, provided any such testing shall be at Landlord's sole cost and expense), (ii) showing the same to prospective purchasers or mortgagees, (iii) during the last three hundred sixty-five (365) days of the Lease Term and any time Tenant is in Default hereunder, showing the same to prospective purchaserstenants, mortgagees or tenants and (iv) making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirablenecessary. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent Rent therefor; providing . Without limiting the foregoing, Landlord covenants and agrees that in exercising any of its rights under this Section 5.03, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's use of the Leased Premises in for the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryPermitted Use.

Appears in 1 contract

Samples: Office Lease (Ultimate Software Group Inc)

Landlord's Rights Regarding Use. In addition to the Landlord's rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Property Common Areas Areas, but may not relocate Tenant’s parking area, the improvements to be made by the Tenant in such manner the exterior common area as it reasonably deems necessaryprovided herein, limit or substantially alter access to the Building; (b) Landlord shall have the right to change the name or street address of the Building; (c) Landlord shall have the exclusive right to use all or any part of the roof, side and rear walls of the Premises for installing, maintaining, using, repairing and replacing pipes, ducts, conduits and wires leading through, to or from the Premises and serving the Building in locations which do not materially interfere with Tenant’s use of the Premises and the location of improvements to the Property Common Areas as shown on Exhibit C-1; and (d) Landlord, its employees and agents agents, employees, representatives, consultants, contractors and any mortgagee mortgagees of the Building Building, shall have the right (but not the obligation) to enter any part of the Leased Premises at reasonable times and upon reasonable with at least 24 hour advance written notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency where no notice shall be required) and to enter upon the Building and Property Common Areas with notice as aforesaid for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants (but only in the last eighteen months of the term with respect to tenants), and making such repairs, alterations or improvements to the Leased Premises Premises, Building or the Building Property Common Areas as Landlord may deem necessary or desirabledesirable consistent with the provisions of this Lease. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry.

Appears in 1 contract

Samples: Industrial Lease Agreement (Haemonetics Corp)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areascommon areas, each of which may be exercised without notice or liability to Tenant except as herein unless otherwise provided to the contrary: herein, (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or advertisements, notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided (except that Landlord shall not have the same does not materially interfere with access right to install leasing or “space available” signs on the Leased Premises; Building or in the common areas unless Tenant has given notice of non-renewal, or Tenant has failed to timely exercise its right to renew this Lease, or if there is less than 270 days remaining in the term of this Lease), (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, upon reasonable advance notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner common areas as it reasonably deems necessary; shall deem necessary or proper, provided, however that in exercising Landlord’s rights hereunder, Landlord shall not materially or adversely interfere with the operation of Tenant’s business or Tenant’s access to or use of the Leased Premises, Building, common areas or parking areas of the Building, and (c) Landlord or Landlord’s agent shall be permitted to inspect or examine the Leased Premises at any reasonable time upon reasonable notice (except in an emergency when no notice shall be required), its employees and agents and any mortgagee of the Building Landlord shall have the right to enter make any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case of an emergency) for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants and making such repairs, alterations or improvements repairs to the Leased Premises or which are necessary for its preservation if Tenant fails to make such repairs within a reasonable time after Landlord notifies Tenant in writing of the Building necessity of such repairs, provided, however, that any repairs made by Landlord shall be at Tenant’s expense, except as Landlord may deem necessary or desirable. provided in Section 7.02 hereof and further provided that Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry.

Appears in 1 contract

Samples: Lease Agreement (Cellstar Corp)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areasand common areas by Tenant, each of its employees, agents, customers and invitees, which may be exercised without notice or liability to Tenant except (other than as herein provided herein) to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or advertisements, notices or tenant Tenant identification information on the directory board board, or tenant Tenant access doors as it shall deem necessary or properappropriate; provided other window coverings Tenant may propose for use invisible from the same does not materially interfere with access to outside of the Leased Premises; (b) if Tenant to approve or a Permitted Transferee does not lease one hundred percent (100%) disapprove of all sign painting and lettering, mineral or drinking water, beverages, foods, towels, vending machines or toilet supplies used or consumed in the Building outside of the Leased Premises, including the suppliers thereof, to grant any person exclusive right to conduct any business or render service in the Building, Landlord provided that such exclusive right shall have the right at any time not operate to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; (c) Landlord, its employees and agents and any mortgagee of the Building shall have the right to enter any part of limit Tenant from using the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case of an emergency) for the purposes permitted use as outlined in Item L of examining Section 1.02; and to control the common areas in such a manner as the Landlord deems necessary and proper including, but not limited to, requiring all persons entering or inspecting leaving the sameBuilding to identify themselves to security guards; excluding or expelling peddlers, showing solicitors or loud or unruly persons from the same to prospective purchasersBuilding, mortgagees or tenants and making such repairs, alterations or improvements closing and limiting access to the Leased Premises Building or the Building as Landlord may deem necessary or desirable. Landlord shall incur no liability to Tenant for such entryother part thereof, nor shall such entry constitute an eviction including entrances, corridors, doors, elevators, during times of Tenant or a termination of this Leaseemergencies, or entitle Tenant to any abatement of rent therefor; providing Landlord shall use commercially reasonable efforts to minimize repairs or after regular business hours (without undue interference with Tenant's permitted use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contraryon a 24-hour, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence7-day per week basis), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry.

Appears in 1 contract

Samples: Office Lease (Interactive Intelligence Inc)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord’s rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Lease (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper so long as any such control, change or alteration does not materially and adversely affect Tenant’s ability to operate for the Permitted Use within the Leased Premises for the Permitted Use, or prevent Tenant’s ability to access its allotment of parking spaces granted pursuant to Section 16.11 below and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises Premises, unescorted, at reasonable times and upon reasonable twenty-four (24) hours’ prior notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency or for routine repairs, maintenance, or other services that Landlord is required to provide hereunder, in which case no notice shall be required) for the purposes of examining or inspecting the samesame (including, without limitation, testing to confirm Tenant’s compliance with this Lease), showing the same to prospective purchasers, mortgagees or tenants or, during the final twelve (12) months of the Lease Term, tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. Landlord shall incur no liability to Tenant for such entryentry (unless resulting from the gross negligence or willful misconduct of Landlord or its agents, employees or contractors), nor shall such entry constitute an eviction of Tenant or a termination of this Lease, Lease or entitle Tenant to any abatement of rent therefor; providing . In addition, Landlord has the right at any time to (i) change the name, number or designation by which the Building is commonly known, or (ii) alter the Building to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building without any such acts constituting an actual or constructive eviction and without incurring any liability to Tenant, so long as such changes do not deny Tenant reasonable access to the Leased Premises. Landlord shall use commercially reasonable efforts to minimize interference with Tenant's ’s use and occupancy of the Leased Premises in during the exercise making of its rights hereunder. Notwithstanding anything contained herein such changes or alterations or entry to the contraryLease Premises, provided that Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject shall have no obligation to the notice and presence of a Tenant representative employ contractors or labor at overtime or other premium pay rates or to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryincur any other overtime costs or additional expenses whatsoever.

Appears in 1 contract

Samples: Office Lease (Channeladvisor Corp)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord's rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Lease (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it deems reasonably deems necessarynecessary or proper; provided, however, that if Tenant has exercised the Expansion Option pursuant to Section 17.01 below, Landlord shall not control, change or alter the Common Areas without Tenant's prior consent, and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency where no notice shall be required) for the purposes of examining or inspecting the samesame (including, without limitation, testing to confirm Tenant's compliance with this Lease), showing the same to prospective purchasers, mortgagees or tenants tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem reasonably necessary or desirable. If Tenant's consent to a change or alteration to the Common Areas is required hereunder, Tenant shall be deemed to have reasonably withheld its consent if Tenant has a reasonable basis to believe that the change or alteration will have more than a nominal adverse impact on Tenant's use of the Leased Premises for the Permitted Use. Except to the extent of Landlord's negligence or willful misconduct not otherwise waived by Tenant pursuant to Section 8.06 below or any other provision of this Lease, Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease. Without limiting the foregoing, or entitle Tenant to Landlord covenants and agrees that in exercising any abatement of rent therefor; providing its rights under this Section 5.03, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's ’s use of the Leased Premises in for the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryPermitted Use.

Appears in 1 contract

Samples: Lease (Carters Inc)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord’s rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Lease (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper so long as any such control, change or alteration does not materially and adversely affect Tenant’s use of the Leased Premises for the Permitted Use, and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises accompanied by a representative of Tenant (provided such representative is made available to Landlord) at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency where no notice shall be required) for the purposes of (i) examining or inspecting the samesame (including, without limitation, testing to confirm Tenant’s compliance with this Lease), (ii) showing the same to prospective purchasers or mortgagees, (iii) during the last two hundred seventy (270) days of the Lease Term and any time Tenant is in Default hereunder, showing the same to prospective purchaserstenants, mortgagees or tenants and (iv) making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem reasonably necessary or desirable. Except to the extent of Landlord’s negligence or willful misconduct not otherwise waived by Tenant pursuant to Section 8.06 below or any other provision of this Lease, Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing . Without limiting the foregoing, Landlord covenants and agrees that in exercising any of its rights under this Section 5.03, Landlord shall use reasonable efforts to minimize any interference with Tenant’s use of the Leased Premises for the Permitted Use. During any time that Landlord is in the Leased Premises pursuant to this Section 5.03, Landlord shall use commercially reasonable efforts to minimize interference with preserve and protect the confidentiality of Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises ’s proprietary information and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entrytrade secrets.

Appears in 1 contract

Samples: Office Lease (Sciquest Inc)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common AreasPremises, each of which may be exercised without notice (except as expressly provided below) or liability to Tenant except but shall be exercised in such a commercially reasonable manner as herein provided to minimize any material adverse interference with Tenant's use of the contraryLeased Premises: (a) if Tenant Landlord shall have the right to control, change or a Permitted Transferee does not lease one hundred percent (100%) of otherwise alter the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors Appurtenant Areas as it shall deem necessary or proper; , provided (i) parking available to Tenant is not thereby reduced below the same does level existing as of the Commencement Date and except for temporary periods agreed to by the parties, including periods necessary in connection with the construction of the Phase II Development (as defined in Section 15.20), (ii) Tenant is not materially interfere with denied reasonable access to the Leased PremisesPremises or the Parking Area on a 24-hour per day, 7-days per week basis, (iii) the quality and convenience of the Appurtenant Areas, including access drives and parking areas as they exist on the Effective Date, is not materially reduced or impaired; and (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; (c) Landlord, its employees and agents and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable prior notice and consistent with the presence of a Tenant's written standard access and security procedures that Tenant representative has provided to Landlord (except in the case event of an emergency) emergency where no notice or compliance with Tenant's standard access and security procedures shall be required), for the purposes of (i) examining or inspecting the samesame (including, without limitation conducting inspections to determine Tenant's compliance with its obligations under this Lease), (ii) performing Landlord's obligations under this Lease, (iii) showing the same to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term or tenants any extension term, tenants, and (iv) making such repairs, alterations or improvements repairs to the Leased Premises or which are necessary for its preservation; provided, however, that any repairs made by Landlord that are the Building as Landlord may deem necessary or desirableobligation of Tenant under Article 7 shall be at Tenant's expense. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry.

Appears in 1 contract

Samples: Lease Agreement (Savvis Communications Corp)

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Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord’s rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Lease (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper so long as any such control, change or alteration does not materially and adversely affect Tenant’s use of the Leased Premises for the Permitted Use, and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable advance written notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency where no notice shall be required) and accompanied by a representative of Tenant (provided one is made available to Landlord) for the purposes of examining or inspecting the samesame (including, without limitation, testing to confirm Tenant’s compliance with this Lease), showing the same to prospective purchasers, mortgagees or tenants tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirabledesirable so long as any such alteration or improvements do not materially and adversely affect Tenant’s use of the Leased Premises for the Permitted Use. Landlord covenants and agrees that in exercising any of its rights under this Section 5.03, Landlord shall use reasonable efforts to minimize any interference with Tenant’s use of the Leased Premises for the Permitted Use. Without limiting the foregoing, Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing Landlord provided, however, if, as a result of Landlord’s negligence or willful misconduct in exercising its rights pursuant to this Section 5.03, the Leased Premises (or portion thereof) is untenantable for a period of more than six (6) consecutive business days, Minimum Annual Rent and the TICAM Charges shall use commercially reasonable efforts to minimize interference with Tenant's use xxxxx for each such consecutive day after said six (6) business day period that such area of the Leased Premises is so rendered until such area is no longer untenantable. To the extent that the Leased Premises, or portion thereof, is untenantable, however, as a result of (a) force majeure (as defined in Section 16.03 hereof), or (b) the exercise negligence or willful misconduct of Tenant, its rights agents, employees, contractors, subtenants, invitees or assignees, Tenant shall not be entitled to any abatement hereunder. Notwithstanding anything contained herein The Leased Premises shall be considered untenantable to the contrary, Landlord hereby acknowledges extent that Tenant maintains sensitive material within does not use the Leased Premises and or portion thereof affected in the event conduct of its normal business operations as a result of Landlord, its employees and/or agents enter ’s activities. It is agreed and understood that Tenant shall not use nor be entitled to use the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security portion of the Leased Premises and, if such entry during any day for which Landlord is after normal working hours, shall secure the Leased Premises following such entryobligated to xxxxx Minimum Annual Rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Neenah Paper Inc)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with and access to the Leased Premises; : (ba) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to controlinstall and maintain directional signage, change and monument signage on the Land as depicted on Exhibit A and during --------- the last twelve (12) months of the Term, leasing advertisement signs for the Leased Premises; (b) Landlord shall have the right at any time to grant easements, rights, and privileges (but not materially diminish or otherwise alter the Common Areas cross parking easements) to others in such manner as it reasonably deems necessarynecessary or proper in connection with the development and operation of the Riverport Business Park; provided, however, Landlord's -------- ------- exercise of such right shall not materially diminish Tenant's rights under the Lease, including its access to the Leased Premises or the Building; (c) Landlord, its employees and agents and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (notice, except in the case event of an emergency) , where notice shall be appropriate under the circumstances, for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants and making such repairs, alterations or improvements to any part of the Leased Premises or the Building Premises, as Landlord may deem reasonably necessary or desirable. ; provided, however, that Landlord shall incur no liability to Tenant for such entry, except as may be otherwise expressly provided in Article 9, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any an abatement of rent therefor; providing Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryexcept as may be otherwise expressly provided herein.

Appears in 1 contract

Samples: Office Lease (Unigraphics Solutions Inc)

Landlord's Rights Regarding Use. In addition to the Landlord's rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper (cprovided that any such activities do not unreasonably interfere with Tenant's use of, or access to, the Premises and the Building parking areas), and (b) Landlord, its employees and agents agents, employees, representatives, consultants, contractors and any mortgagee mortgagees of the Building Building, shall have the right (but not the obligation) to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency where no notice shall be required) and to enter upon the Building and Common Areas at any time without notice for the purposes of examining or inspecting the samesame (including, without limitation, testing to confirm Tenant's compliance with this Lease), showing the same to prospective purchasers, mortgagees or tenants tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing . Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's use of the Leased Premises during any such entries, and Landlord and Landlord’s agents, except in the exercise case of its rights hereunder. Notwithstanding anything contained herein emergency, shall (i) provide Tenant with twenty-four (24) hours' oral or written notice prior to entry in to the contraryLeased Premises, and (ii) comply with Tenant’s reasonable security measures of which Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryhas been notified. Section 5.04.

Appears in 1 contract

Samples: Office Lease (eHealth, Inc.)

Landlord's Rights Regarding Use. In addition to the Landlord’s rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, with reasonable prior notice to Tenant (except in the event of emergency where no such notice shall be required), to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it deems reasonably deems necessary; necessary or proper, and (cb) Landlord, its employees and agents agents, employees, representatives, consultants, contractors and any mortgagee mortgagees of the Building Building, shall have the right (but not the obligation) to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (at least twenty- four hours’) (except in the case event of an emergencyemergency where no notice shall be required) and to enter upon the Building for the purposes of examining or inspecting the samesame (including, without limitation, testing to confirm Tenant’s compliance with this Lease), showing the same to prospective purchaserspurchasers or mortgagees or, mortgagees or tenants during the last twelve (12) months of the Lease Term, to tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem reasonably necessary or desirable. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing . Except in the event of an emergency, at Tenant’s election, a Tenant representative shall be permitted to be present with Landlord (or its agents or representatives) while in the Leased Premises. Except in the event of an emergency, Landlord shall use commercially reasonable efforts to minimize interference with not unreasonably disrupt Tenant's use of normal business operations in the Leased Premises in connection with any such entry. For any planned major repairs or replacements within the exercise of its rights hereunder. Notwithstanding anything contained herein to the contraryBuilding, Landlord hereby acknowledges that shall give Tenant maintains sensitive material within reasonable prior written notice (including details about the Leased Premises and scope of such repairs or replacements) (except in the event of an emergency where no notice shall be required), provided that the prior written notice is sufficient to allow enough time for Tenant to move Tenant’s Property and critical operations from the area affected by Landlord, its employees and/or agents enter the Leased Premises ’s work related to such major repairs or replacements (subject to the notice and presence of a Tenant representative to the extent required except in the prior sentenceevent of an emergency where no notice shall be required), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry.

Appears in 1 contract

Samples: Lease (Taysha Gene Therapies, Inc.)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord’s rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or Lease (but without modifying Landlord’s obligations to maintain and operate the Common AreasAreas and construct, each maintain and operate the Additional Improvements in accordance with the other provisions of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: this Lease) (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper, and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises Premises, at reasonable times and upon reasonable at least five (5) business day’s prior notice and with the presence of a Tenant representative (except in the case event of an emergency) emergency or to perform emergency or immediate repair and maintenance that Landlord is required to perform under this Lease, in which case no notice shall be required), for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants (in the latter case, only during the last eighteen (18) months of the Lease Term), and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. All such access by Landlord or any other party pursuant to the preceding sentence shall be subject to Landlord or such party abiding by Tenant’s security requirements and procedures, and except in the case of emergency Landlord or such party must be accompanied by a representative of Tenant; provided that if Tenant does not make a representative available for a properly noticed access by Landlord (or waive such requirement) then Landlord may proceed to enter without such accompaniment. In the absence of negligence or willful misconduct Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, Lease or entitle Tenant to any abatement of rent therefor; providing . In addition, Landlord has the right at any time to change the name, number or designation by which the Building is commonly known, provided that Landlord shall pay Tenant’s reasonable, actual costs and expenses (not to exceed $2,500) incurred as a result of any such change by Landlord. Landlord shall use commercially reasonable efforts to minimize interference with Tenant's Xxxxxx’s use and occupancy of the Leased Premises in during the exercise making of its rights hereunder. Notwithstanding anything contained herein such repairs, alterations or improvements provided that Landlord shall have no obligation to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject employ contractors or labor at overtime or other premium pay rates or to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryincur any other overtime costs or additional expenses whatsoever.

Appears in 1 contract

Samples: Lease Agreement (Grail, LLC)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord’s rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Lease (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, with at least five (5) days advance written notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper, and (cb) Landlord, its agents, employees and agents contractors and any mortgagee of the Building Development shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case event of an emergency) emergency where no notice shall be required), subject to the safety and access regulations of Tenant, for the purposes of examining or inspecting the samesame to confirm Tenant’s compliance with this Lease, showing or, within six months of the same expiry of the Term to show the Premises to prospective purchasers, mortgagees or tenants tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirabledesirable as permitted herein, for the safety, protection or preservation of the Leased Premises, the Building or the Development, or as may be necessary or desirable in the operation or improvement of the Building and/or the Development, or in order to comply with all laws, orders and requirements of governmental or other authority; provided, however, that Landlord shall use commercially reasonable efforts to perform the foregoing in a manner so as not to unreasonably interfere with Tenant’s business operations. Landlord shall incur no liability not be liable to Tenant for such entryas a result from any entry on the premises in accordance with this Section 5.03, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry.

Appears in 1 contract

Samples: Office Lease (Lightning eMotors, Inc.)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areascommon areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: Tenant, (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or advertisements, notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does proper (provided, however, that Landlord shall not materially interfere with access to the Leased Premisesobscure Tenant’s approved signage); (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to control, change but not materially diminish or otherwise alter the Common Areas in such manner common areas as it reasonably deems necessaryshall deem necessary or proper so long as such control, change or alteration does not (i) materially and adversely affect Tenant’s use of the Leased Premises for the Permitted Use, (ii) decrease the number of parking space allocated to Tenant pursuant to Section 17.05 below, or (iii) obscure Tenant’s approved signage; and (c) Landlord or Landlord’s agent, its employees accompanied by a representative of Tenant (provided one is made available to Landlord), shall be permitted to inspect or examine the Leased Premises at any reasonable time upon at least twenty-four (24) hours’ prior notice (except in an emergency when no notice shall be required), and agents and any mortgagee of the Building Landlord shall have the right to enter make any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case of an emergency) for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or tenants and making such repairs, alterations or improvements repairs to the Leased Premises or which are necessary for its preservation; provided, however, that any repairs made by Landlord that are the Building responsibility of Tenant hereunder and that Tenant has failed to make within the applicable cure period shall be at Tenant’s expense, except as Landlord may deem necessary or desirableprovided in Section 7.02 hereof. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing . Without limiting the foregoing, Landlord covenants and agrees that in exercising any of its rights under this Section 5.03, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's ’s use of the Leased Premises in for the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryPermitted Use.

Appears in 1 contract

Samples: Lease Agreement (Charles & Colvard LTD)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises Premises, the Building, or the Common AreasLand, each of which may be exercised without notice or liability to Tenant except as herein provided to the contraryTenant: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; (c) Landlord, its employees and agents and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and times, upon reasonable prior Written notice and with the presence of a to Tenant representative (at least forty eight (48) hours prior notice, except in the case event of an emergency) emergency in which case no notice shall be required), for the purposes of examining or inspecting the same, showing the same to prospective purchasers, mortgagees or or, within the last twelve (12) months of the Lease Term to tenants and for making such repairs, alterations or improvements repairs and replacements to and maintaining the Leased Premises or Premises, the Building and the Land as Landlord may deem necessary or desirablein the event Tenant is in Default hereunder (such cost and expense of said repairs, replacement and maintenance shall be Additional Rent hereunder unless otherwise provided herein). Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing provided, however, that Landlord shall complies with the terms of this Section 5.03 and in exercising its rights hereunder, Landlord agrees to use commercially reasonable efforts to minimize interference not interfere with Tenant's use of ’s business operations or obstruct or prevent access to and egress from the Leased Premises or the Project. Except in the exercise case of emergency, Tenant shall be entitled to have a representative of Tenant accompany Landlord, its rights hereunder. Notwithstanding anything contained herein to the contraryemployees, Landlord hereby acknowledges that Tenant maintains sensitive material within agents, contractors, invitees or licensees (collectively, “Landlord’s Representatives”) while they are in the Leased Premises and in the event all Landlord’s Representatives shall comply with all reasonable security and confidentiality requirements of Tenant. Landlord acknowledges that all information concerning Tenant’s business, its employees and/or agents enter including, without limitation, information regarding Tenant’s employees, customers, operations, procedures, processes and financials are confidential and proprietary to Tenant and shall not be disclosed to any third parties by any of Landlord’s Representatives. Among other requirements, Tenant may require that any and all of Landlord’s Representatives sign confidentiality agreements as a condition of entry into the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryPremises.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each common areas of which may be exercised without notice or liability to Tenant except as herein provided to the contraryPark: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or advertisements, notices or tenant identification information on within the directory board or tenant access doors Park as it shall deem necessary or proper; proper (provided that no such signs (other than Tenant’s Signage), advertisements, notices or tenant identification information shall be installed or displayed on the same does not materially interfere with access to Building or within the Leased Premises, except “for sale” or “for lease” signs nine (9) months prior to the expiration of the Lease Term, without the prior written consent of Tenant, which consent may be given or withheld in Tenant’s sole discretion); (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time to control, change but not materially diminish or otherwise alter the Common Areas in such manner common areas of the Park as it reasonably deems necessaryshall deem necessary or proper; provided, however, that no such change or alteration shall adversely affect vehicular ingress to or egress from the Leased Premises; (c) Landlord reserves the right to reserve or grant drainage and other utility easements over, upon, under and across the portion of the Leased Premises located outside the Building to the extent reasonably deemed necessary by Landlord for the use, development or benefit of other land owned by Landlord or any affiliate of Landlord or other land in the Park, which easements shall be created by commercially reasonable easement agreements; provided, however, that such easements shall be non-exclusive and shall not interfere with Tenant’s use of the affected portions of the Leased Premises; and (d) subject to Tenant’s security requirements, Landlord, its employees and agents and any mortgagee of the Building shall have the right be permitted to enter any part of inspect or examine the Leased Premises at any reasonable times time upon no less than twenty-four (24) hours’ notice (except in an emergency when no notice shall be required), and upon reasonable notice to enter the Leased Premises for the purposes of showing the same to prospective tenants (during the last twelve (12) [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. months of the Lease Term) and with the presence of a Tenant representative (performing Landlord’s obligations under this Lease; provided, however, that except in the case of an emergency) for , a representative of Tenant shall have the purposes of examining or inspecting the same, showing the same right to prospective purchasers, mortgagees or tenants accompany Landlord and making its employees and agents during all such repairs, alterations or improvements visits to the Leased Premises or the Building as Landlord may deem necessary or desirablePremises. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing . Notwithstanding anything herein to the contrary, Landlord’s rights pursuant to this Section 5.03 shall be subject to the conditions that (i) the exercise of any of such rights shall not unreasonably interfere with Tenant’s use of the Leased Premises, (ii) except in emergencies, Landlord shall provide reasonable prior notice to Tenant before exercising any such rights which may interfere with Tenant’s business, and (iii) Landlord shall use commercially reasonable efforts to minimize to the extent possible any interference with Tenant's use of the Leased Premises in the exercise of its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entry’s business.

Appears in 1 contract

Samples: Lease Agreement (Restoration Hardware Inc)

Landlord's Rights Regarding Use. In addition to the rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contraryProperty: (a) if Landlord or Landlord’s agent shall, upon prior reasonable notice to Tenant (except in an emergency when no notice shall be required) be permitted to inspect or a Permitted Transferee does not lease one hundred percent examine the Property at any reasonable time. Tenant agrees to repair or maintain any items discovered during such inspection to the extent they are Tenant’s responsibility under the terms of this Lease. During the last eighteen (100%18) months of the Building, Landlord may install such signs, advertisements lease term or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Buildingduring any extension term, Landlord shall have the right at to notify Tenant in writing of any time repairs required to controlthe Tenant that would be the responsibility of Tenant under the terms of this Lease, change but not materially diminish normal wear and tear excepted, and if Tenant fails to make or otherwise alter the Common Areas in fails to commence to make such manner as it reasonably deems necessary; repairs within thirty (c30) Landlorddays of such notice, its employees and agents and any mortgagee of the Building then Landlord shall have the right to enter make such repairs to the Property; provided that any part of repairs made by Landlord shall be at Tenant’s cost. Landlord shall have the Leased right to make any repairs to the Lease Premises at any reasonable times time and upon reasonable notice and with Landlord shall have the presence of a Tenant representative (except in the case of an emergency) for the purposes of examining or inspecting the same, showing the same right to prospective purchasers, mortgagees or tenants and making such repairs, alterations or improvements make any repairs to the Leased Premises Lease Premises, which are necessary for its preservation; provided, however, that any repairs made by Landlord shall be at Tenant’s expense, except as provided in Section 7.01 hereof. Subject to the terms contained herein and except for Landlord’s negligence or the Building as Landlord may deem necessary or desirable. willful misconduct, Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing therefore. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize interference notify Tenant and to not interfere with Tenant's ’s use of the Leased Premises Property in the exercise of connection with its rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry right as set forth is after normal working hours, shall secure the Leased Premises following such entrythis Section 5.03.

Appears in 1 contract

Samples: Lease Agreement (Regis Corp)

Landlord's Rights Regarding Use. In addition to the Without limiting any of Landlord's rights specified elsewhere in this Lease, Landlord shall have the following rights regarding the use of the Leased Premises or the Common Areas, each of which may be exercised without notice or liability to Tenant except as herein provided to the contrary: (a) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord may install such signs, advertisements or notices or tenant identification information on the directory board or tenant access doors as it shall deem necessary or proper; provided the same does not materially interfere with access to the Leased Premises; (b) if Tenant or a Permitted Transferee does not lease one hundred percent (100%) of the Building, Landlord shall have the right at any time time, without notice to Tenant, to control, change but not materially diminish or otherwise alter the Common Areas in such manner as it reasonably deems necessary; necessary or proper, so long as: (ca) such changes or alterations do not adversely affect Tenant's parking rights as set forth in Section 16.11, and (b) Landlord obtains Tenant prior written approval for any material changes to the lobby or the front entrance of the Building, which approval shall not be unreasonably withheld, delayed or conditioned. Further, without limiting any of Landlord's rights specified elsewhere in the Lease, Landlord, its agents, employees and agents contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times and upon reasonable notice and with the presence of a Tenant representative (except in the case event of an emergencyemergency involving imminent threat to person or property where no notice shall be required) for the purposes of examining or inspecting the samesame (including, without limitation, testing to confirm Tenant's compliance with this Lease), showing the same to prospective purchasers, mortgagees or tenants tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable, provided that in each instance Landlord shall use commercially reasonable efforts not to interfere with Tenant's use of the Leased Premises. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Tenant or a termination of this Lease, or entitle Tenant to any abatement of rent therefor; providing . Landlord shall will use commercially reasonable efforts not to minimize interference interfere with Tenant's use of the Leased Premises or ingress and egress thereto in connection with the exercise of its Landlord's rights hereunder. Notwithstanding anything contained herein to the contrary, Landlord hereby acknowledges that Tenant maintains sensitive material within the Leased Premises and in the event Landlord, its employees and/or agents enter the Leased Premises (subject to the notice and presence of a Tenant representative to the extent required in the prior sentence), such individuals shall endeavor to exercise due care in maintaining the security of the Leased Premises and, if such entry is after normal working hours, shall secure the Leased Premises following such entryunder this Section 5.03.

Appears in 1 contract

Samples: Office Lease (Panera Bread Co)

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