No Constructive Eviction. Tenant hereby acknowledges that Landlord may be constructing the Improvements (as that term is defined in Article 1 of the Work Letter) following the Lease Commencement and during any Beneficial Occupancy Period (as that term is defined in Section 2.3 below), and that Tenant may be occupying the Premises during the construction of the Improvements. Tenant further acknowledges that, notwithstanding Tenant’s occupancy of the Premises during the Beneficial Occupancy Period or Lease Term, during the construction of the Improvements, Landlord shall be permitted to construct the Improvements during normal Business Hours (provided that Landlord shall perform all excessively noisy and fumy work (as determined by Landlord in Landlord’s reasonable discretion) in connection therewith after normal Business Hours), Tenant shall provide a clear working area for the construction of the Improvements (including, but not limited to, moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is constructing the Improvements) and Tenant may not be able to access certain portions of the Premises in connection with Landlord’s construction of the Improvements. In connection therewith, Tenant shall cooperate with all reasonable Landlord requests in connection with the construction of the Improvements. Tenant hereby agrees that the construction of the Improvements shall in no way constitute a constructive eviction of Tenant, entitle Tenant to any abatement of Rent, nor delay the occurrence of the Lease Commencement Date. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the construction or installation of the Improvements, nor shall Tenant be entitled to any compensation or damages form Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the construction or installation of the Improvements or Landlord’s actions in connection with the construction or installation of the Improvements, or for any inconvenience or annoyance occasioned by Landlord’s construction or installation of the Improvements.
No Constructive Eviction. The Commission’s failure to maintain or repair shall not constitute a constructive eviction, and Tenant’s sole and exclusive remedy for the Commission’s failure to perform its obligations (if any) shall be a suit against the Commission for specific performance.
No Constructive Eviction. In any circumstances where Landlord is permitted to enter upon the Leased Premises during the Term of the Lease, whether for the purpose of curing any default of Tenant, repairing damage resulting from fire or other casualty or an eminent domain taking or is otherwise permitted hereunder to go upon the Leased Premises and, except and as to the extent expressly provided under Section 8.4, no such entry shall constitute an eviction or disturbance of Tenant's use and possession of the Leased Premises or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages for loss of business or otherwise (unless such damages are caused by the gross negligence or willful misconduct of the Landlord, its agents, employees or invitees) or entitle Tenant to be relieved from any of its obligations hereunder or grant Tenant any right of set-off or recoupment or other remedy. In connection with any such entry incident to performance of repairs, replacements, maintenance or construction, all of the aforesaid provisions shall be applicable notwithstanding that Landlord may elect to take building materials in, to or upon the Leased Premises that may be required or utilized in connection with such entry by Landlord; provided however, that so long as Tenant is not in default of its obligations under this Lease, such entry shall be made by Landlord in such a manner as is calculated to minimize the effect upon Tenant's business.
No Constructive Eviction. Tenant agrees that foreclosure of, or any other legal action in connection with, the Deed of Trust shall not be a constructive eviction of Tenant except at the option of Lender, which option shall arise only if Tenant is in default under the Lease beyond the expiration of any applicable grace period. Tenant shall have no right to appear in any such foreclosure action.
No Constructive Eviction. No act or thing done or omitted to be done by Landlord or Landlord’s agents during the term of the Lease, which is necessary to enforce the terms of this Lease, or the Building Rules and Regulations, shall constitute an eviction by Landlord nor shall it be deemed an acceptance or surrender of said Premises, and no agreement to accept such surrender shall be valid unless in writing signed by Landlord. No employee of Landlord or Landlord’s agent shall have any power to accept the keys of said Premises prior to the termination of the Lease. The delivery of keys to any employee of Landlord or Landlord’s agents shall not operate as a termination of the Lease or a surrender of the Premises.
No Constructive Eviction. If all or any portion of the Tenant Improvements shall be constructed by Landlord on or after the Expansion Commencement Date, then (i) Landlord shall be permitted to complete the Tenant Improvements during normal business hours, (ii) Tenant shall provide a clear working area for the construction of the Tenant Improvements, and (iii) Tenant shall cooperate with all reasonable Landlord requests made in connection with Landlord's completion of the Tenant Improvements. Tenant hereby acknowledges that the construction the Tenant Improvements during Tenant's occupancy of the Premises shall in no way constitute a 742075.04/WLA 375056-00001/2-18-16/bkc/bkc EXHIBIT B -2- THE AVENTINE [Fourth Amendment] [Tracon Pharmaceuticals, Inc.] constructive eviction of Tenant nor entitle Tenant to any abatement of rent or damages of any kind (including damages relating to any interference with Tenant's business at the Premises).
No Constructive Eviction. The exercise of any or all of the foregoing rights by the Port Authority or others shall not be or be construed to be an eviction of the Lessee nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.
No Constructive Eviction. The Authority shall make diligent efforts to supply Tenant with utility services as specified in Section 8.1; however, if the Authority makes such diligent efforts, but fails to provide such utility services, said failure shall not constitute a constructive eviction, and the Authority shall not be liable to Tenant in damages, or for any reduction in Rent, or otherwise (i) if any utility shall become unavailable from any public utility company, public authority or any other person or entity supplying or distributing such utility, or
No Constructive Eviction. Tenant hereby acknowledges that, notwithstanding Tenant's occupancy of the Early Occupancy Premises during the installation and/or construction of the Improvements, Landlord and Contractor shall be permitted to install and/or construct the Improvements during, without limitation, normal business hours, and Tenant shall cooperate with Landlord and Contractors, including, without limitation, by providing access to the Early Occupancy Premises and by providing a clear working area in the Early Occupancy Premises (to the extent required by Landlord) for the installation and/or construction of the Improvements (including, but not limited to, the moving of Tenant's property away from the area Landlord or Contractor are installing and/or constructing the Improvements). Tenant will be responsible for moving Tenant's furniture and fixtures away from the area Landlord or Contractor installing and/or constructing the Improvements. In connection therewith, Tenant shall cooperate fully in connection with Landlord's completion of the installation and/or construction of the
No Constructive Eviction. Tenant hereby acknowledges that, notwithstanding Tenant's occupancy of the Existing Premises, pursuant to the Lease, during the construction of the Demising Work, Tenant hereby agrees that the performance of the Demising Work shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent or damages of any kind. Furthermore, in no event shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Existing Premises or of Tenant's personal property or improvements resulting from the Demising Work or Landlord's actions in connection with the Demising Work, or for any inconvenience or annoyance occasioned by the construction of the Demising Work. XXXXXX XXXXX CORPORATE CENTER [Expansion and Extension Amendment] [Cytori Therapeutics, Inc.] EXHIBIT B
