Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, entitle Tenant to any abatement of Rent. 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 Renovations, nor shall Tenant be entitled to any compensation or damages from 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 Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors.
Appears in 2 contracts
Sources: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, Premises or the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “"Renovations”") the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoingExcept as expressly set forth in Section 19.5.2, above, Tenant hereby agrees that such Renovations and Landlord’s 's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason and shall not be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actionsRenovations. Landlord shall use commercially reasonable efforts to have all Renovations, provided that once started, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will minimize any interference to Tenant's business operations in the foregoing shall Premises and to not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct violate clauses (a) through (e) of Landlord, its agents, employees or contractorsSection 1.1.3 above.
Appears in 2 contracts
Renovations. It is specifically understood Landlord plans to undertake a major renovation and agreed that Landlord has made no representation redevelopment of the Building, including the Common Areas, and the Project (including, without limitation, the Parking Facility and Roof Garden) and may, from time to time, undertake further improvements, alterations or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, modifications of all or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”). Landlord reserves the right, in its sole discretion, in connection with the Renovations and otherwise from time to time, to: (i) make changes to the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, the Building Systems and/or Building Structurethe Project, which Renovations may includeincluding, without limitation, changes in the location, size, shape and number of any improvements; (iii) modifying close temporarily any portion of the Project for redevelopment and/or repair and maintenance purposes so long as reasonable access to the Premises remains available; (iii) add additional buildings and improvements to the Project or remove existing buildings or improvements therefrom; (iv) use the Common Areas and tenant spaces to comply with Applicable Lawsand/or other areas of the Building or the Project while engaged in making additional improvements, including regulations relating repairs or alterations to the physically disabledBuilding or the Project or any portion thereof; (v) remove or close the pedestrian bridge connecting the Building and the Parking Facility; and (vi) do and perform any other acts, seismic conditionsalter or expand, or make any other changes in, to or with respect to the Common Areas and/or the Building or the Project as Landlord may, in its sole discretion, deem to be appropriate; provided, however, any such Renovations shall not materially interfere with Tenant’s use of, or access to, the Premises or the Parking Facility, except that (x) Tenant acknowledges that until the entire Premises is delivered to Tenant, there will be ongoing construction of Tenant Improvements for Tenant in portions of the Building not yet delivered to Tenant and there may be unscheduled work performed in the Building due to Tenant-initiated change orders; and (y) ▇▇▇▇▇▇’s use of, and Project safety access to, the Parking Facility shall at all times be subject to Article 29 below. Without limiting the foregoing, Landlord reserves the right from time to time to install, use, maintain, repair, relocate and securityreplace pipes, ducts, conduits, wires, and appurtenant meters and equipment for service to the Premises or to other parts of the Building that are above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building that are located within the Premises or located elsewhere in the Building so long as such actions do not materially interfere with the use, occupancy or operations of Tenant in the Premises. As used herein, it is understood that the term “Renovations” sometimes also includes the Tenant Improvements and Landlord’s Work for the Premises and Base Building Work. Notwithstanding anything in this Lease to the contrary, from and after the date that Tenant occupies the entire Premises, Landlord shall not undertake any Renovations to the Building, except for (x) work required to address emergency situation, and (iiy) installing new floor covering, lightingany actions taken to allow Landlord to perform its obligations under this Lease, and wall coverings in the Building Common Areas, and in connection with (z) any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the ProjectRenovations approved by Tenant, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, entitle Tenant to any abatement of Rent. 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 Renovations, nor shall Tenant be entitled to any compensation or damages from 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 Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing approval shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractorsbe unreasonably withheld.
Appears in 1 contract
Renovations. It is specifically understood and agreed that Landlord has made Assignor shall have no representation liability with regard to any alterations performed by or warranty for Assignee to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the BuildingsBuilding or the land upon which the Premises and Building are located. From and after the Effective Date, the provisions of Sections 9.1 and 9.2 shall be deleted in their entirety, and the following inserted therein in their place:
9.1 Landlord is under no obligation to make any alterations, decorations, additions, improvements or Project have been made by Landlord other changes in or to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify Premises (collectively, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces "Alterations"). Subject to comply Tenant's compliance with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above9.2 of this Lease, entitle Landlord hereby agrees that Tenant to any abatement of Rent. 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 Renovations, nor shall Tenant be entitled to any compensation perform Alterations on or damages from about the Premises, and Landlord for loss hereby agrees not to unreasonably withhold its consent to (a) interior Alterations made to the Building or Alterations made to the entrances of the use Building as reasonably necessary for the conversion of the whole interior warehouse portion of the Building and the entrances thereto in order to accommodate the worship space for Tenant's religious services, (b) interior Alterations made to the Building as reasonably necessary for the conversion of the interior office portion of the Building to accommodate office, classroom and other support functions, or (c) to the contractors, architects and engineers selected by Tenant to perform such work. In the eve nt Landlord shall determine in the exercise of its reasonable discretion that any such Alterations, or any part such contractor, architect or engineer designated by Tenant is not satisfactory, Landlord shall advise Tenant in writing and shall state the specific reasons therefor. In any event, Landlord shall notify Tenant of its approval or disapproval of any such Alterations and/or contractor, architect, or engineer, as the Premises or case may be, within ten (10) business days after Landlord's receipt of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused 's written request accompanied by the gross negligence plans and specifications, name and qualifications of such architect, contractor and/or engineer, as the case may be. If Landlord fails to notify Tenant of such approval or willful misconduct disapproval and such failure continues for five (5) business days after written notice of Landlordsuch failure from Tenant, its agentsthen Landlord shall be deemed to have approved the Alterations and Tenant's designated architect, employees contractor or contractorsengineer, as the case may be, so requested by Tenant. In the event that Tenant increa ses the amount of square footage contained within the Building, there shall be no adjustment in the Base Rent payable hereunder.
Appears in 1 contract
Sources: Assignment of Lease and Amendment to Lease (Gse Systems Inc)
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas Facilities and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and the structural portions of the Building; and, in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, Building and limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the ProjectBuilding, which work may create noise, dust or leave debris in the BuildingsBuilding. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of RentRental; provided, however, that Landlord agrees to use commercially reasonable efforts to minimize the interference with Tenant’s use of the Premises resulting from the Renovations. 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 Renovations, nor shall Tenant be entitled to any compensation or damages from 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 Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that in exercising its rights under this Paragraph, Landlord uses commercially reasonable efforts to minimize interference with Tenant’s beneficial use and enjoyment of the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractorsPremises.
Appears in 1 contract
Sources: Lease Agreement (Harmonic Inc)
Renovations. It is specifically understood Landlord plans to undertake a major renovation and agreed that Landlord has made no representation redevelopment of the Building, including the Common Areas, and the Project (including, without limitation, the Parking Facility and Roof Garden) and may, from time to time, undertake further improvements, alterations or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, modifications of all or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”). Landlord reserves the right, in its sole discretion, in connection with the Renovations and otherwise from time to time, to: (i) make changes to the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, the Building Systems and/or Building Structurethe Project, which Renovations may includeincluding, without limitation, changes in the location, size, shape and number of any improvements; (iii) modifying close temporarily any portion of the Project for redevelopment and/or repair and maintenance purposes so long as reasonable access to the Premises remains available; (iii) add additional buildings and improvements to the Project or remove existing buildings or improvements therefrom; (iv) use the Common Areas and tenant spaces to comply with Applicable Lawsand/or other areas of the Building or the Project while engaged in making additional improvements, including regulations relating repairs or alterations to the physically disabledBuilding or the Project or any portion thereof; (v) remove or close the pedestrian bridge connecting the Building and the Parking Facility; and (vi) do and perform any other acts, seismic conditionsalter or expand, or make any other changes in, to or with respect to the Common Areas and/or the Building or the Project as Landlord may, in its sole discretion, deem to be appropriate; provided, however, any such Renovations shall not materially interfere with Tenant’s use of, or access to, the Premises or the Parking Facility, except that (x) Tenant acknowledges that until the entire Premises is delivered to Tenant, there will be ongoing construction of Tenant Improvements for Tenant in portions of the Building not yet delivered to Tenant and there may be unscheduled work performed in the Building due to Tenant-initiated change orders; and (y) Tenant’s use of, and Project safety access to, the Parking Facility shall at all times be subject to Article 29 below. Without limiting the foregoing, Landlord reserves the right from time to time to install, use, maintain, repair, relocate and securityreplace pipes, ducts, conduits, wires, and appurtenant meters and equipment for service to the Premises or to other parts of the Building that are above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building that are located within the Premises or located elsewhere in the Building so long as such actions do not materially interfere with the use, occupancy or operations of Tenant in the Premises. As used herein, it is understood that the term “Renovations” sometimes also includes the Tenant Improvements and Landlord’s Work for the Premises and Base Building Work. Notwithstanding anything in this Lease to the contrary, from and after the date that Tenant occupies the entire Premises, Landlord shall not undertake any Renovations to the Building, except for (x) work required to address emergency situation, and (iiy) installing new floor covering, lightingany actions taken to allow Landlord to perform its obligations under this Lease, and wall coverings in the Building Common Areas, and in connection with (z) any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the ProjectRenovations approved by Tenant, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, entitle Tenant to any abatement of Rent. 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 Renovations, nor shall Tenant be entitled to any compensation or damages from 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 Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing approval shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractorsbe unreasonably withheld.
Appears in 1 contract
Sources: Agreement to Enter Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co)
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, ProjectPremises or the Building, or any part thereof and that no representations respecting the condition of the Premises, Premises or the Buildings, or Project Building have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord is currently renovating or may during the Lease Term renovate, improve, alter, add to or modify (collectively, the “Renovations”) the Project and/or the Buildings(including, including without limitation, the Parking Facilities, Common Areas), but expressly not including the Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating other than pursuant to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the BuildingsTenant Work Letter). Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of RentRent (except as specifically set forth in Section 19.5.2 of this Lease). Landlord shall have no responsibility or for any reason and shall not be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from 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 Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actionsRenovations, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Notwithstanding anything in this Section 29.30 to the contrary, Landlord shall use commercially reasonable efforts to perform all 35654\12546889.9 06907\011\8493037.v6 Renovations so as to minimize any material, adverse interference with Tenant’s business operations at the Premises.
Appears in 1 contract
Sources: Lease (Penumbra Inc)
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”) the Project Property and/or each Building. Notwithstanding the Buildingsforegoing, including without limitationexcept for improvements, alterations or modifications that are required by Legal Requirements or in order for Landlord to meet its obligations under this Lease regarding maintenance, repair and the Parking Facilitiesprovision of services, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying so long as Tenant leases 100% of the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovationsspace within either B100 or B200, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access shall not make any Renovations to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildingssuch Building. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises; provided, however, (i) Landlord shall perform any work within the Premises involving core drilling or excessive noise or excessive dust, After Business Hours to the extent allowable under Legal Requirements and (ii) Landlord shall at all times use commercially reasonable efforts to cause all Renovations to be done in such a manner as to cause as little interference to Tenant’s use of and access to the Premises as reasonably possible without incurring material additional expense. Notwithstanding the foregoing, Tenant hereby agrees that such any entry into the Premises by Landlord to perform Renovations and Landlord’s actions in connection with such or any noise or other disruption outside the Premises related to Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason and shall not be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from 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 Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actionsRenovations, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law applicable Legal Requirements for personal injury and property damage to the extent caused by the gross negligence negligence, or willful misconduct of Landlord, its agents, employees or contractors.
Appears in 1 contract
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, ProjectBuilding, or any part thereof and that no representations respecting the condition of the Premises, Premises or the Buildings, or Project Building have been made by Landlord to Tenant except as specifically set forth herein or in the Work LetterTenant. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the “"Renovations”") the Project Building and/or the Buildings, Premises including without limitationlimitation the parking structure, common areas, systems and equipment, roof, and structural portions of the Parking Facilities, Common Areas, Building Systems and/or Building Structuresame, which Renovations may include, without limitation,
(i) installing sprinklers in the Building or Common Facilities and tenant spaces, (iii) modifying the Common Areas Facilities and tenant spaces to comply with Applicable Lawsapplicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and Project building safety and security, and (iiiii) installing new floor covering, lighting, and wall coverings in the Building Common Areascommon areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the ProjectBuilding, limit or eliminate access to portions of the Project, including portions of the Building or Common AreasFacilities, or perform work in the ProjectBuilding, which work may create noise, dust or leave debris in the BuildingsBuilding. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s 's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rentrent. 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 's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from the Renovations or Landlord’s 's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s 's actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors.
Appears in 1 contract
Sources: Office Lease (Model N, Inc.)
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, ProjectPremises or the Building, or any part thereof and that no representations respecting the condition of the Premises, Premises or the Buildings, or Project Building have been made by 795678.02/WLA376514-00007/1-28-19/ctl/ctl -50- 630 ROSEVILLE PARKWAY[Penumbra, Inc.] Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord is currently renovating or may during the Lease Term renovate, improve, alter, add to or modify (collectively, the “"Renovations”") the Project and/or the Buildings(including, including without limitation, the Parking Facilities, Common Areas), but expressly not including the Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating other than pursuant to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the BuildingsTenant Work Letter). Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of RentRent (except as specifically set forth in Section 19.5.2 of this Lease). Landlord shall have no responsibility or for any reason and shall not be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actionsRenovations, provided that the foregoing shall not limit Landlord’s 's liability, if any, pursuant to Applicable Law applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Notwithstanding anything in this Section 29.30 to the contrary, Landlord shall use commercially reasonable efforts to perform all Renovations so as to minimize any material, adverse interference with Tenant’s business operations at the Premises.
Appears in 1 contract
Sources: Office Lease (Penumbra Inc)
Renovations. It Except as expressly set forth in this Lease, it is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, ProjectBuilding, or any part thereof and that no representations respecting the condition of the Premises, Premises or the Buildings, or Project Building have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the “"Renovations”") the Project Project, the Building and/or the Buildings, Premises including without limitationlimitation the parking structure, common areas, systems and equipment, roof, and structural portions of the Parking Facilities, Common Areas, Building Systems and/or Building Structuresame, which Renovations may include, without limitation, (i) installing sprinklers in the Building common areas and tenant spaces, (ii) modifying the Common Areas common areas and tenant spaces to comply with Applicable LawsLegal Requirements, including regulations relating to the physically disabled, seismic conditions, and Project building safety and security, and (iiiii) installing new floor covering, lighting, and wall coverings in the Building Common Areascommon areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the ProjectBuilding, limit or eliminate access to portions of the Project, including portions of the Common Areascommon areas, or perform work in the ProjectBuilding, which work may create noise, dust or leave debris in the BuildingsBuilding. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s 's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rent. 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 's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from the Renovations or Landlord’s 's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord's actions; provided, however, that notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury use of and property damage access to the extent caused by Premises in connection with the gross negligence or willful misconduct performance of Landlord, its agents, employees or contractorsany Renovations.
Appears in 1 contract
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “"Renovations”") the Project and/or Building, the BuildingsPremises, or the Project, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structurebuilding Systems, which roof, and structural portions of the Building. Renovations may include, without limitation, (ia) modifying the Common Areas and tenant spaces to comply with Applicable applicable Laws, including including, without limitation, regulations relating to the physically disabled, seismic conditions, and Project building safety and security, ; and (iib) installing new floor coveringflooring, lighting, and wall coverings in the Building Common Areas, and in coverings. In connection with any such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Projectbuilding, limit or eliminate access to portions of the Building or Project, including including, without limitation, portions of the Common Areas, or perform work in the Project, which work Building that may create noise, dust or leave debris debris. This also includes the placement, whether temporary or permanent, of any type of remediation equipment needed to mitigate moisture issues, including, without limitation, dehumidifiers, fans, air scrubbers, etc. This equipment can be placed and/or removed at any time as Landlord deems necessary, and if equipment is in the Buildingsyour unit it is expected to be utilized as specified. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s ▇▇▇▇▇▇▇▇'s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rent. 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 ▇▇▇▇▇▇'s business or occupancy arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for inconvenience, annoyance or loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements 's Property resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors.
Appears in 1 contract
Sources: Residential Rental Contract
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant Subtenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Sublandlord and/or Landlord may during the Lease Term substantially renovate, improve, alter, or modify the real property underlying and adjacent to Building (collectively“Property”), the Common Areas and/or Buildings, and/or portions thereof, and/or that Landlord and/or Sublandlord may construct a new building on portions of the Property adjacent to the Buildings (in any such events, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure), which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Lawscertain alterations, including regulations relating improvements, modifications and/or renovations to the physically disabled, seismic conditions, parking structure and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in . In connection with any Renovations, Landlord mayand/or Sublandlord may (or may permit), among other things, erect scaffolding or other necessary structures in to be erected on or about the ProjectProperty, or portions thereof, limit or eliminate access to portions of the ProjectProperty, including portions of the Common AreasAreas (including, without limitation, the “field”), and/or perform work on or about the Property, or perform work in the Projectany portion thereof, which work may create noise, dust or leave debris in in, on or about the BuildingsProperty, or certain portions thereof. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant Subtenant hereby agrees that such Renovations and Landlord’s and/or Sublandlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, Subtenant nor entitle Tenant Subtenant to any abatement of Rent. Landlord and Sublandlord shall have no responsibility or for any reason be liable to Tenant Subtenant for any direct or indirect injury to or interference with TenantSubtenant’s business arising from the Renovations, nor shall Tenant Subtenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements Sublandlord resulting from the Renovations or Landlord’s and/or Sublandlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractorsRenovations.
Appears in 1 contract
Sources: Sublease (Electronic Arts Inc)
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant ▇▇▇▇▇▇ hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rent. 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 Renovations, nor shall Tenant be entitled to any compensation or damages from 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 Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors.
Appears in 1 contract