Common use of Rights of Landlord Clause in Contracts

Rights of Landlord. Without limiting the generality of Article l2 of the Initial Lease, and notwithstanding anything to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors (collectively, “Landlord’s Parties”) to enter into the Premises at any time, without notice, for the purpose of inspecting the same, for the purpose of showing the same to prospective purchasers, lenders and/or tenants, for the purpose of repairing, altering or improving the Premises or the Building, or for any other purpose as determined necessary by Landlord (collectively, “Landlord’s Right of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject to the provisions of this paragraph, Landlord shall hold harmless, indemnify and defend Tenant from and against any and all claims, liability and expenses resulting therefrom). Without limiting the generality of the foregoing, Landlord may, upon two (2) weeks prior notice to Tenant, host an event in the Premises in connection with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise of Landlord’s Right of Entry and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event). Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties in connection with Landlord’s Right of Entry, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, and (ii) Landlord shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, 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 exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry, or for any inconvenience or annoyance occasioned by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry.

Rights of Landlord. Without limiting Landlord reserves the generality of Article l2 following rights: (a) to change the name of the Initial Lease, and notwithstanding anything Building without notice or liability to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors Tenant; (collectively, “Landlord’s Parties”b) to enter into designate all sources furnishing sign painting or lettering and toilet supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) constantly to have pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; and (f) at any time, without noticeat Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the lobby of the Building. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for the purpose of inspecting the sameany expense, for the purpose of showing the same to prospective purchasersinjury, lenders and/or tenants, for the purpose of repairing, altering loss or improving damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or for any other purpose as determined necessary by Landlord (collectively, “Landlord’s Right of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject to the provisions of this paragraphadditions hereunder, Landlord shall hold harmlesshave right to post necessary notices on the Premises, indemnify and defend shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to abatx xxx operations of such facilities, without being deemed or held guilty of an eviction of Tenant from and against any and all claims, without liability and expenses resulting therefrom). Without limiting the generality of the foregoing, Landlord may, upon two (2) weeks prior notice to Tenant, host an event in . Rent shall not abatx xxxle the Premises in connection with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise of Landlord’s Right of Entry foregoing is being performed and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event). Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties in connection with Landlord’s Right of Entry, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, and (ii) Landlord shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, nor shall Tenant be entitled to maintain any compensation offset or counterclaim for damages from of any kind against Landlord for loss of by reason thereof, unless caused by or due to the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the exercise gross negligence of Landlord’s Right of Entry , its agents, employees or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entryassigns, or for any inconvenience or annoyance occasioned all such claims being hereby expressly released by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions Tenant. All such work shall be done in connection with such manner as to cause Tenant the exercise of Landlord’s Right of Entry.least inconvenience practicable

Rights of Landlord. Without limiting So long as the generality LANDLORD’s exercise of Article l2 these rights does not materially interfere with TENANT’s or TENANT’s customers, employees, or visitors access to and use of the Initial LeasePremises and the parking facility, the LANDLORD reserves the following rights: (a) to change the name of the Building without notice or liability to TENANT; (b) to designate all sources furnishing sign painting or lettering, ice, bottled water and notwithstanding anything toilet supplies used on the Premises; (c) constantly to have pass keys to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors Premises; (collectively, “Landlord’s Parties”d) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building in which Premises are situated; (e) to enter into the Premises at any timetime for inspections, without noticerepairs, for the purpose of inspecting the same, for the purpose of showing the same alterations or additions to prospective purchasers, lenders and/or tenants, for the purpose of repairing, altering or improving the Premises or the Building in which the Premises are situated, to exhibit the Premises to others, to affix and display “For Rent” signs, and for any purpose whatsoever related to the safety, protection, preservation or improvement of the Premises, the said Building, or for the LANDLORD’s interest, without being deemed guilty of an eviction or disturbance of TENANT’s use and possession, and without being liable in any other purpose as determined necessary by Landlord (collectively, “Landlord’s Right of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject manner to the provisions TENANT on account thereof; (f) at any time, and from time to time, whether at the instance of this paragraphLANDLORD or pursuant to government requirements, Landlord shall hold harmlessat LANDLORD’s expense, indemnify and defend Tenant from and against to make repairs, alterations, additions, improvements or decorating, whether structural or otherwise, in or to the Building or any and all claimspart thereof, liability and expenses resulting therefrom)including the Premises. Without limiting the generality of the foregoingforegoing rights LANDLORD shall specifically have the right to remove, Landlord mayalter, improve or rebuild the lobby of the Building as the same is presently or shall hereafter be constructed, or the light court of said Building as the same is presently or shall hereafter be constituted, or any part or parts thereof. LANDLORD shall not be liable to TENANT for any expense, injury, loss, or damage resulting from any work so done in or about the Premises or the Building or any adjacent or nearby the Building, land, street or alley. All claims against LANDLORD for any and all such liability being hereby expressly released by TENANT. In connection with making repairs, alterations, decorating, additions or improvements under the terms of this Paragraph 23, the LANDLORD shall have the right to access through the Premises as well as the right to take into and upon two (2) weeks prior notice and through the Premises of any other part of the Building, all material that may be required to Tenantmake such repairs, host an event alterations, decorating, additions or improvements, as well as the right in the Premises in connection course of such work to close entrances, doors, corridors, elevators, or other Building facilities, without being deemed or held guilty of an eviction of TENANT and without liability for damages to TENANT’s property, business or person and without liability to TENANT by reason of interference with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise business of Landlord’s Right TENANT or inconvenience or annoyance to the TENANT or the customers of Entry and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event)the TENANT. Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties in connection with Landlord’s Right of Entry, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry The rent reserved herein shall in no way constitute a constructive eviction of Tenant ways xxxxx while said repairs, alterations, decorating, additions or entitle Tenant to any abatement of rent payable pursuant to the Lease, improvements are being made and (ii) Landlord TENANT shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, nor shall Tenant not be entitled to maintain any compensation set-off or counter-claim for damages from Landlord for loss of any kind against LANDLORD by reason thereof, all such claims being hereby expressly released by the use of TENANT. LANDLORD reserves and shall have the whole or any part of right to enter upon the Premises or for the purpose of Tenant’s personal property or improvements resulting from posting and maintaining such notices on the exercise of Landlord’s Right of Entry or LandlordPremises as may be necessary to protect LANDLORD against mechanic’s, material-men’s or Landlordother liens and any other notices that may be proper and necessary. LANDLORD’s Parties’ actions in connection with the exercise of LandlordInitials: TENANT’s Right of Entry, or for any inconvenience or annoyance occasioned by the exercise of LandlordInitials: TENANT’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry.Initials:

Rights of Landlord. Without limiting The LANDLORD reserves the generality of Article l2 following rights: (a) to change the name of the Initial LeaseBuilding without notice or liability to TENANT; (b) to designate all sources furnishing sign painting or lettering, ice, bottled water and notwithstanding anything toilet supplies used on the Premises; (c) constantly to have pass keys to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors Premises; (collectively, “Landlord’s Parties”d) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building in which Premises are situated; (e) to enter into the Premises at any timetime for inspections, without noticerepairs, for the purpose of inspecting the same, for the purpose of showing the same alterations or additions to prospective purchasers, lenders and/or tenants, for the purpose of repairing, altering or improving the Premises or the Building in which the Premises are situated, to exhibit the Premises to others, to affix and display "For Rent" signs, and for any purpose whatsoever related to the safety, protection, preservation or improvement of the Premises, the said Building, or for the LANDLORD's interest, without being deemed guilty of an eviction or disturbance of TENANT's use and possession, and without being liable in any other purpose as determined necessary by Landlord (collectively, “Landlord’s Right of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject manner to the provisions TENANT on account thereof; (f) at any time, and from time to time, whether at the instance of this paragraphLANDLORD or pursuant to government requirements, Landlord shall hold harmlessat LANDLORD's expense, indemnify and defend Tenant from and against to make repairs, alterations, additions, improvements or decorating, whether structural or otherwise, in or to the Building or any and all claimspart thereof, liability and expenses resulting therefrom)including the Premises. Without limiting the generality of the foregoingforegoing rights LANDLORD shall specifically have the right to remove, Landlord mayalter, improve or rebuild the lobby of the Building as the same is presently or shall hereafter be constructed, or the light court of said Building as the same is presently or shall hereafter be constituted, or any part or parts thereof. LANDLORD shall not be liable to TENANT for any expense, injury, loss, or damage resulting from any work so done in or about the Premises or the Building or any adjacent or nearby the Building, land, street or alley. All claims against LANDLORD for any and all such liability being hereby expressly released by TENANT. In connection with making repairs, alterations, decorating, additions or improvements under the terms of this paragraph, the LANDLORD shall have the right to access through the Premises as well as the right to take into and upon two (2) weeks prior notice and through the Premises of any other part of the Building, all material that may be required to Tenantmake such repairs, host an event alterations, decorating, additions or improvements, as well as the right in the Premises in connection course of such work to close entrances, doors, corridors, elevators, or other Building facilities, without being deemed or held guilty of an eviction of TENANT and without liability for damages to TENANT's property, business or person and without liability to TENANT by reason of interference with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise business of Landlord’s Right TENANT or inconvenience or annoyance to the TENANT or the customers of Entry and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event)the TENANT. Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties in connection with Landlord’s Right of Entry, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry The rent reserved herein shall in no way constitute a constructive eviction of Tenant ways abate while said repairs, alterations, decorating, additions or entitle Tenant to any abatement of rent payable pursuant to the Lease, improxxxxxts are being made and (ii) Landlord TENANT shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, nor shall Tenant not be entitled to maintain any compensation set-off or counter-claim for damages from Landlord for loss of any kind against LANDLORD by reason thereof, all such claims being hereby expressly released by the use of TENANT. LANDLORD reserves and shall have the whole or any part of right to enter upon the Premises for the purpose of posting and maintaining such notices on the Premises as may be necessary to protect LANDLORD against mechanic's, material-men's or of Tenant’s personal property or improvements resulting from the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry, or for other liens and any inconvenience or annoyance occasioned by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entryother notices that may be proper and necessary.

Rights of Landlord. Without limiting the generality of Article l2 of the Initial Lease, and notwithstanding anything to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees agents and contractors (collectively, “Landlordany mortgagee under a mortgage or beneficiary under a deed of trust encumbering the Building containing the Leased Premises and such party’s Parties”) agents to enter into the Leased Premises at any timeall reasonable times, without noticeprovided that such occurs during regular business hours (except for repairs and maintenance normally performed outside of regular business hours such as janitorial service) and provided that such are accompanied by a representative of Tenant, except for repairs and maintenance normally performed outside of regular business hours such as janitorial service, for the purpose of (a) inspecting the same, (b) maintaining the Building, (c) making repairs, replacements, alterations or additions to any portion of the Building, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, (d) posting notices of non-responsibility for alterations, additions or repairs, and (e) placing upon the purpose of Building and in any areas outside the Building any usual or ordinary “for sale” or “for lease” signs and showing the same space to prospective purchasers, investors, lenders and/or and during the last nine (9) months of the Term, tenants, for the purpose without any rebate of repairing, altering or improving the Premises or the Building, or rent and without any liability to Tenant for any other purpose as determined necessary by Landlord (collectively, “Landlord’s Right loss of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject to occupation or quiet enjoyment of the provisions Leased Premises thereby occasioned. This Section in no way affects the maintenance obligations of this paragraph, the parties hereto. Landlord shall hold harmless, indemnify and defend Tenant from and against any and all claims, liability and expenses resulting therefrom). Without limiting the generality of the foregoing, Landlord may, upon two (2) weeks provide at least 24 hours prior notice to Tenant, host an event in the Premises in connection with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise of Landlord’s Right of Entry and shall be subject to all terms and conditions governing Landlord’s Right of Entrysuch entry, except only that two (2) weeks prior no notice shall be required for to perform normal and customary repairs and maintenance. Such notice may be communicated verbally and no such event). Tenant notice shall not (and Tenant shall ensure be required in an emergency; provided, however, that its agents do not) interfere with Landlord or Landlord’s Parties even in connection with Landlord’s Right the event of Entryan emergency, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, and (ii) Landlord shall have no responsibility for, or for any reason be liable to, use reasonable efforts to notify Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, 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 exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry, or for any inconvenience or annoyance occasioned by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entryentry as soon as is practicable.

Rights of Landlord. Without limiting In addition to the generality of Article l2 rights as otherwise provided in this lease, the Landlord reserves the following rights: (a) to change the name of the Initial LeaseBuilding without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering, and notwithstanding anything ice, mineral water, towel, janitorial, or maintenance services, or the like, or toilet supplies used on the Premises; (c) at any time during the last ninety days of the term if during or prior to that time the Tenant vacates the Premises (even if Tenant has not breached the lease or abandoned the Premises) to decorate, remodel, repair, after or otherwise prepare the Premises for reoccupancy; (d) constantly to have pass keys to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors Premises; (collectively, “Landlord’s Parties”e) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building; (f) to enter into the Premises at any timetime for inspections, without noticerepairs, for the purpose of inspecting the same, for the purpose of showing the same alterations or additions to prospective purchasers, lenders and/or tenants, for the purpose of repairing, altering or improving the Premises or the Building, or to exhibit the Premises to others, to affix and display “For Rent” signs, and for any other purpose as determined necessary by Landlord (collectivelywhatsoever related to the safety, “protection, preservation or improvement of the Premises, the Building or the Landlord’s Right interest, without being deemed guilty of Entry”)an eviction or disturbance of Tenant’s use and possession, and without being liable in any manner to the Tenant on account thereof; (g) at any time, and all such entries and activities from time to be entirely time, whether at the instance of Landlord or pursuant to government requirements, at Landlord’s risk and expense (andexpense, subject to make repairs, alterations, additions, improvements or decorating, whether structural or otherwise, in or to the provisions of this paragraphBuilding or any part thereof, Landlord shall hold harmless, indemnify and defend Tenant from and against any and all claims, liability and expenses resulting therefrom)including the Premises. Without limiting the generality of the foregoingforgoing rights, Landlord mayshall specifically have the right to remove, alter, improve or rebuild the lobby of the Building as the same is presently or shall hereafter be constituted, or the light court of the Building as the same is presently or shall hereafter be constituted, or any part or parts thereof. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building or any adjacent or nearby building, land, street or alley, all claims against the Landlord for any and all such liability by being hereby expressly released by Tenant. In connection with making repairs, alterations, decorating, additions or improvements under the terms of this Article 17, the Landlord shall have the right to access through the Premises as well as the right to take into and upon two (2) weeks prior notice and through the Premises or any other part of the Building, all material that may be required to make such repairs, alterations, decorating, additions or improvements as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other facilities of the Building, or temporarily to axxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability for damages to Tenant’s property, host an event in the Premises in connection business or person and without liability to Tenant’s property, business or person and without liability to Tenant by reason or interference with the 2005 NCAA Men’s Basketball Tournament (which event business of Tenant or inconvenience or annoyance to the Tenant or the customers of the Tenant. The rent reserved herein shall be deemed an exercise of Landlord’s Right of Entry in no wise axxxx while said repairs, alterations, decorating, additions or improvements are being made and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event). Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties in connection with Landlord’s Right of Entry, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, and (ii) Landlord shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, nor shall Tenant be entitled to maintain any compensation set-off or counter-claim for damages from of any kind against Landlord for loss of by reason thereof, all such claims being hereby expressly released by the use of Tenant. However, all such work shall be done in such manner as to cause Tenant the whole or any part of least inconvenience practicable. Landlord reserves and shall have the right to enter upon the Premises or for the purpose of Tenant’s personal property or improvements resulting from posting and maintaining such notices on the exercise of Landlord’s Right of Entry or LandlordPremises as may be necessary to protect Landlord against mechanic’s, materialmen’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry, or for other liens and any inconvenience or annoyance occasioned by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entryother notices that may be proper and necessary.

Rights of Landlord. Without limiting Landlord reserves the generality of Article l2 following rights: (a) to ------------------ change the name of the Initial Lease, and notwithstanding anything Building without notice or liability to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors Tenant; (collectively, “Landlord’s Parties”b) to enter into designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at any time, without noticeat Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for the purpose of inspecting the sameany expense, for the purpose of showing the same to prospective purchasersinjury, lenders and/or tenants, for the purpose of repairing, altering loss or improving damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or for any other purpose as determined necessary by Landlord (collectively, “Landlord’s Right of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject to the provisions of this paragraphadditions hereunder, Landlord shall hold harmlesshave the right to post necessary notices on the Premises, indemnify and defend shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant from and against any and all claims, without liability and expenses resulting therefrom). Without limiting the generality of the foregoing, Landlord may, upon two (2) weeks prior notice to Tenant, host an event in . Rent shall not xxxxx while the Premises in connection with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise of Landlord’s Right of Entry foregoing is being performed and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event). Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties in connection with Landlord’s Right of Entry, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, and (ii) Landlord shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, nor shall Tenant be entitled to maintain any compensation offset or counterclaim for damages from of any kind against 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 exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entryby reason thereof, or for any inconvenience or annoyance occasioned all such claims being hereby expressly released by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions Tenant. All such work shall be done in connection with such manner as to cause Tenant the exercise of Landlord’s Right of Entry.least inconvenience practicable

Rights of Landlord. Without limiting Landlord reserves the generality of Article l2 following rights: (a) upon prior notice to Tenant, to change the address and/or name of the Initial Leasebuilding without liability to Tenant; (b) to designate all sources furnishing sign painting or lettering, ice, bottled water and notwithstanding anything toilet supplies used on the premises; (c) constantly to have pass keys to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors premises; (collectively, “Landlord’s Parties”d) to grant anyone the exclusive right to conduct any particular business or undertaking in the building in which the demised premises are situated; (e) to enter into the Premises demised premises at any time whether or not Tenant is present to admit Landlord for inspections, repairs, alterations or additions to the premises or the building in which the premises are situated for window cleaning and janitorial services, to exhibit the premises to others, to affix and display "For Rent" signs, and for any purpose whatsoever related to the safety, protection, preservation or improvement of the premises, the said building, or Landlord's interest, without being deemed guilty of an eviction or disturbance of Tenant's use and possession, and without being liable in any manner to Tenant on account thereof; (f) at any time, without noticeand from time to time, for whether at the purpose instance of inspecting Landlord or pursuant to governmental requirements, at the sameLandlord's expense, for to make repairs, alterations, additions, improvements or decorating, whether structural or otherwise, in or to the purpose of showing the same to prospective purchasers, lenders and/or tenants, for the purpose of repairing, altering or improving the Premises or the Buildingbuilding, or for any other purpose as determined necessary by Landlord (collectivelypart thereof, “Landlord’s Right of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject to including the provisions of this paragraph, Landlord shall hold harmless, indemnify and defend Tenant from and against any and all claims, liability and expenses resulting therefrom)demised premises. Without limiting the generality of the foregoingforegoing rights, Landlord mayshall specifically have the right to remove, alter, improve or rebuild the lobby and all other public and rentable areas of the building as the same are presently or shall hereafter be constituted, or any part or parts thereof. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the demised premises or the building or any adjacent or nearby buildings, land, street or alley, all claims against the Landlord for any and all such liability being hereby expressly released by Tenant, unless caused by Landlord's or its agents negligence or willful misconduct. In connection with making repairs, alterations, decorating, additions or improvements under the terms of this Article, Landlord shall have the right to access through the demised premises, as well as the right to take into and upon two (2) weeks prior notice and through said premises or any other part of the building all material that may be required to make such repairs, alterations, decorating, additions or improvements, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other building facilities, or temporarily to xxxxx the operation of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability for damages to Tenant's property, host an event in the Premises in connection business or person and without liability to Tenant by reason of interference with the 2005 NCAA Men’s Basketball Tournament (which event business of Tenant or inconvenience or annoyance to Tenant or the customers of Tenant. The rent reserved herein shall be deemed an exercise of Landlord’s Right of Entry and shall be subject to all terms and conditions governing Landlord’s Right of Entryin no way xxxxx while said repairs, except only that two (2) weeks prior notice shall be required for such event). Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord alterations, decorating, additions or Landlord’s Parties in connection with Landlord’s Right of Entryimprovement are being made, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, and (ii) Landlord shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, nor shall Tenant not be entitled to maintain any compensation set-off or counter-claim for damages from of any kind against Landlord by reason thereof, all such claims being hereby expressly released by Tenant. However, all such work shall be done in such manner as to cause Tenant the least inconvenience practicable. Landlord reserves and shall have the right to enter upon the demised premises for loss the purpose of posting and maintaining such notices on the use of the whole premises as may be necessary to protect Landlord against mechanic's, materialmen's or other liens and any part of the Premises or of Tenant’s personal property or improvements resulting from the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry, or for any inconvenience or annoyance occasioned by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entryother notices that may be proper and necessary.

Rights of Landlord. Without limiting (a) Landlord and its agents shall have the generality right to enter the Premises at all reasonable times for the purpose of Article l2 cleaning the Premises or AT ALL REASONABLE TIMES AFTER REASONABLE PRIOR NOTICE (EXCEPT IN CASE OF EMERGENCY) FOR THE PURPOSES OF examining or inspecting the same, showing the same to prospective tenants (DURING THE LAST NINE (9) MONTHS OF THE LEASE TERM), lenders or purchasers of the Initial Leasebuilding, or in the case of an emergency, and notwithstanding anything to make such alterations, repairs, improvements or additions to the contrary, Premises or to the Building of which they are a part as Landlord may deem necessary or desirable. If Tenant shall not personally be present to open and permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors (collectively, “Landlord’s Parties”) to enter an entry into the Premises at any timetime when such an entry by Landlord is necessary by reason of emergency or permitted hereunder, Landlord may enter by means of a master key or pass key or may enter forcibly, without noticeliability to Tenant except for any failure to exercise due care for Tenant's property, for and any such entry by Landlord shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the purpose Premises, or an eviction of inspecting the same, for the purpose of showing the same to prospective purchasers, lenders and/or tenants, for the purpose of repairing, altering or improving Tenant from the Premises or the Buildingany portion thereof. NOTWITHSTANDING THE FOREGOING, or for any other purpose as determined necessary by Landlord TENANT MAY DESIGNATE, IN WRITING, TO LANDLORD CERTAIN AREAS OF THE PREMISES USED FOR THE INSTALLATION AND OPERATION OF ITS COMPUTERS AS "SECURE AREAS." LANDLORD SHALL NOT ACCESS SUCH SECURE AREAS FOR NON-EMERGENCY PURPOSES WITHOUT AT LEAST SEVENTY-TWO (collectively72) HOURS' ADVANCE WRITTEN NOTICE AND COORDINATION WITH TENANT TO MINIMIZE THE POSSIBILITY OF DAMAGE TO OR INTERRUPTION IN THE OPERATION OF THE COMPUTERS CONTAINED THEREIN. TENANT SHALL HAVE THE RIGHT TO ACCOMPANY LANDLORD UPON ANY SUCH ENTRY INTO SECURE AREAS. IF LANDLORD MUST ACCESS SUCH SECURE AREAS IN AN EMERGENCY FOR REPAIRS, “Landlord’s Right of Entry”)MAINTENANCE, any and all such entries and activities to be entirely at Landlord’s risk and expense (andHEALTH AND SAFETY ACTIONS, subject to the provisions of this paragraphOR OTHERWISE, Landlord shall hold harmless, indemnify and defend Tenant from and against any and all claims, liability and expenses resulting therefrom). Without limiting the generality of the foregoing, Landlord may, upon two (2) weeks prior notice to Tenant, host an event in the Premises in connection with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise of Landlord’s Right of Entry and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event). Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties in connection with Landlord’s Right of Entry, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, and (ii) Landlord shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, 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 exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry, or for any inconvenience or annoyance occasioned by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of EntryLANDLORD SHALL USE EVERY EFFORT TO MINIMIZE THE ENTRANCE INTO SUCH SECURE AREAS AND NOTIFY TENANT OF THE NEED TO ACCESS SUCH SECURE AREAS AS IS REASONABLE UNDER THE THEN EXISTING EMERGENCY CIRCUMSTANCES.

Rights of Landlord. Without limiting Landlord reserves the generality of Article l2 following rights: (a) to change the address and/or name of the Initial Leasebuilding without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering, ice, bottled water and notwithstanding anything toilet supplies used on the premises; (c) constantly to have pass keys to the contrary, Tenant premises; (d) to grant anyone the exclusive right to conduct any particular business or undertaking in the building in which the demised premises are situated provided that in no instance shall permit Landlord and Landlordsuch right interfere or conflict with Tenant’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors banking business; (collectively, “Landlord’s Parties”e) to enter into the Premises demised premises upon 24 hour written notice except in an emergency whether or not Tenant is present to admit Landlord for inspections, repairs, alterations or additions to the premises or the building in which the premises are situated for window cleaning and janitorial services, to exhibit the premises to others, to affix and display “For Rent” signs during the last 6 months of the term of this lease, and for any purpose whatsoever related to the safety, protection, preservation or improvement of the premises, the said building, or Landlord’s interest, without being deemed guilty of an eviction or disturbance of Tenant’s use and possession, and without being liable in any manner to Tenant on account thereof; (f) at any time, without noticeand from time to time, for whether at the purpose instance of inspecting the sameLandlord or pursuant to governmental requirements, for the purpose of showing the same to prospective purchasers, lenders and/or tenants, for the purpose of repairing, altering or improving the Premises or the Building, or for any other purpose as determined necessary by Landlord (collectively, “Landlord’s Right of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (andexpense, subject to make repairs, alterations, additions, improvements, whether structural or otherwise, in or to the provisions of this paragraphbuilding, Landlord shall hold harmlessor any part thereof, indemnify and defend Tenant from and against any and all claims, liability and expenses resulting therefrom)including the demised premises. Without limiting the generality of the foregoingforegoing rights, Landlord mayshall specifically have the right to remove, alter, improve or rebuild the lobby and all other public and rentable areas of the building as the same are presently or shall hereafter be constituted, or any part or parts thereof. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the demised premises or the building or any adjacent or nearby buildings, land, street or alley, all claims against the Landlord for any and all such liability being hereby expressly released by Tenant, unless caused by Landlord’s negligence or willful misconduct. In connection with making repairs, alterations, decorating, additions or improvements under the terms of this Article. Landlord shall have the right to access through the demised premises, as well as the right to take into and upon two (2) weeks prior notice and through said premises or any other part of the building all material that may be required to make such repairs, alterations, decorating, additions or improvements, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other building facilities, or temporarily to xxxxx the operation of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability for damages to Tenant’s property, host an event in the Premises in connection business or person and without liability to Tenant by reason of interference with the 2005 NCAA Menbusiness of Tenant or inconvenience or annoyance to Tenant or the customers of Tenant provided that Landlord shall in all events use the right of access hereunder in such a manner as to minimize the disruption to Tenant’s Basketball Tournament (which event business. The rent reserved herein shall be deemed an exercise of Landlord’s Right of Entry and shall be subject to all terms and conditions governing Landlord’s Right of Entryin no wise xxxxx while said repairs, except only that two (2) weeks prior notice shall be required for such event). Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord alterations, decorating, additions or Landlord’s Parties in connection with Landlord’s Right of Entryimprovement are being made, and Tenant shall cooperate with not be entitled to maintain any set-off or counter-claim for damages of any kind against Landlord and Landlord’s Parties by reason thereof except in connection with the same. Tenant hereby agrees that (i) the exercise case of Landlord’s Right of Entry negligence, However, all such work shall be done in no way constitute a constructive eviction of such manner as to cause Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, least inconvenience practicable. Landlord reserves and (ii) Landlord shall have no responsibility forthe right to enter upon the demised premises for the purpose of posting and maintaining such notices on the premises as may be necessary to protect Landlord against mechanic’s, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, 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 exercise of Landlord’s Right of Entry or Landlordmaterialmen’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry, or for other liens and any inconvenience or annoyance occasioned by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entryother notices that may be proper and necessary.

Rights of Landlord. Without limiting Landlord reserves the generality of Article l2 following rights: (a) to change the name of the Initial Lease, and notwithstanding anything Building without notice or liability to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors Tenant; (collectively, “Landlord’s Parties”b) to enter into designate all sources furnishing sign painting or lettering and toilet supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) constantly to have pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; and (f) at any time, without noticeat Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the lobby of the Building. Except where resulting from the gross negligence or willful misconduct of Landlord, Landlord shall not be liable to Tenant for the purpose of inspecting the sameany expense, for the purpose of showing the same to prospective purchasersinjury, lenders and/or tenants, for the purpose of repairing, altering loss or improving damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or for any other purpose as determined necessary by Landlord (collectively, “Landlord’s Right of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject to the provisions of this paragraphadditions hereunder, Landlord shall hold harmlesshave right to post necessary notices on the Premises, indemnify and defend shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant from and against any and all claims, without liability and expenses resulting therefrom). Without limiting the generality of the foregoing, Landlord may, upon two (2) weeks prior notice to Tenant, host an event in . Rent shall not xxxxx while the Premises in connection with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise of Landlord’s Right of Entry foregoing is being performed and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event). Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties in connection with Landlord’s Right of Entry, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, and (ii) Landlord shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, nor shall Tenant be entitled to maintain any compensation offset or counterclaim for damages from of any kind against 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 exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entryby reason thereof, or for any inconvenience or annoyance occasioned all such claims being hereby expressly released by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions Tenant. All such work shall be done in connection with such manner as to cause Tenant the exercise of Landlord’s Right of Entry.least inconvenience practicable

Rights of Landlord. Without limiting Landlord reserves the generality following rights: subject to the terms of Article l2 Section 10.f, below, to change the name or street address of the Initial LeaseBuilding with thirty (30) days prior notice to Tenant; to approve the design, location, number, size and notwithstanding anything color of all signs or lettering on the Premises or visible from the exterior of the Premises; to have pass keys and/or access cards to the contraryPremises and key codes or cards for the telephone access system installed by Tenant; to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building, Tenant provided that the granting of such exclusive right shall permit Landlord not materially and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors (collectively, “Landlord’s Parties”) adversely affect Tenant's business operations in the Premises; to enter into the Premises at any reasonable time for inspection upon reasonable prior notice to Tenant (which notice may be oral), or at any time, without prior notice, for in the purpose event of inspecting any emergency; to supply any service to be provided by Landlord hereunder; to submit the same, for the purpose of showing the same Premises to prospective purchaserspurchasers or tenants; to post notices of non-responsibility; and to make repairs, lenders and/or tenantsalterations, for the purpose of repairing, altering additions or improving improvements to the Premises or the Building; and to approve the design, or for any other purpose as determined necessary by Landlord (collectivelylocation, “Landlord’s Right number, size and color of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject to signs located on the provisions exterior of this paragraph, Landlord shall hold harmless, indemnify and defend Tenant from and against any and all claims, liability and expenses resulting therefrom)the Building. Without limiting the generality of the foregoingprovisions of Section 10.a., above, at any time during the Term of this Lease, Landlord mayshall have the right to remove, alter, improve, renovate or rebuild the common areas of the Building (including, but not limited to, the lobby, hallways and corridors thereof), and to install, repair, replace, alter, improve or rebuild in the Premises, other tenants' premises and/or the common areas of the Building (including the lobby, hallways and corridors thereof), any mechanical, electrical, water, sprinkler, plumbing, heating, air conditioning and ventilating systems, at any time during the Term of this Lease. In connection with making any such installations, repairs, replacements, alterations, additions and improvements under the terms of this Section 10, Landlord shall have the right to access through the Premises as well as the right to take into and upon two and through the Premises or any other part of the Building, all materials that may be required to make any such repairs, replacements, alterations, additions or improvements, as well as the right in the course of such work to close entrances, doors, corridors, elevators or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) of the Premises reasonably necessary in connection with such work, without being deemed or held guilty of an eviction of Tenant; provided, however that Landlord agrees to use all reasonable efforts not to interfere with or interrupt Tenant's business operation in the Premises. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including, without limitation, telephone and computer installations, provided that they do not permanently materially adversely affect (2i) weeks prior notice Tenant's access to or use of the Premises, or (ii) the aesthetic appearance of the Premises. In connection with Landlord's (or its agent's) entry into the Premises pursuant to the terms of this Section 10, Tenant shall have the right to have a representative of Tenant present during such entry (except in the event of an emergency), provided that Tenant makes such representative present at the time of Landlord's (or its agent's) entry to the Premises. In connection with Landlord's activities pursuant to this Section 10.b, Landlord will use reasonable efforts not to materially and adversely interfere with Tenant, host an event 's business operations in the Premises for a prolonged period of time. Notwithstanding anything to the contrary contained herein, if as a direct result of Landlord's activities pursuant to this Section 10.b, the Premises or any portion thereof are rendered untenantable for five (5) consecutive business days and Tenant ceases to use the Premises (or the untenantable portion thereof), then Monthly Base Rent hereunder shall xxxxx proportionately (based on the number of square feet rendered untenantable) as of the sixth (6th) business day after the Premises (or any portion thereof) are rendered untenantable until the Premises or such portion thereof are again tenantable or are again used by Tenant, unless such work performed by Landlord is requested by, or is for the benefit of, Tenant or is required to comply with any applicable law or as a result of any damage caused by Tenant or any employee, contractor, subtenant, assignee or agent of Tenant, in connection which case no Monthly Base Rent shall xxxxx. Except for injury or death to persons or damage to property caused by the negligence or willful misconduct of Landlord, its agents or employees, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Landlord shall not be liable to Tenant for damages by reason of interference with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise business of Landlord’s Right Tenant or inconvenience or annoyance to Tenant or the customers of Entry and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event)Tenant. Tenant The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties except as otherwise expressly set forth in connection with Landlord’s Right of EntrySection 10.b, above), and Tenant shall cooperate with not be entitled to any set-off or counterclaims for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by Tenant. Landlord shall have the right to use any and Landlord’s Parties all means which Landlord may deem proper to open all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, in any emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof. Notwithstanding anything to the contrary contained herein, in connection with any entry by Landlord into the samePremises pursuant to this Section 10 (except for any entry necessitated by emergency), Tenant shall have the right to have a Tenant representative accompany Landlord during its entry into the Premises, provided that Tenant makes such representative available at such time. Tenant hereby agrees Notwithstanding anything to the contrary contained herein, provided that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction Tenant (and not any assignee, subtenant or licensee of Tenant (other than a Permitted Transferee)) leases and occupies (i.e. Tenant has not sublet or entitle Tenant to any abatement of rent payable pursuant to vacated such space) the Leaseentire Premises, and (ii) Tenant is not in default of the Lease, Landlord shall have no responsibility for, or not permit the Building to be named for any reason other tenant of the Building without Tenant's prior consent. Tenant hereby expressly acknowledges and agrees that the terms of this Section 10.f are for the benefit of Xxxxxx, Xxxxxxxx & Company Incorporated only and shall not be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, nor shall Tenant be entitled applicable to any compensation assignee, subtenant or damages from Landlord for loss licensee of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry, or for any inconvenience or annoyance occasioned by the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of EntryTenant (other than a Permitted Transferee).