Common use of Access to Premises Clause in Contracts

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 2 contracts

Samples: Attornment Agreement, Agreement of Lease (Zulily, Inc.)

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Access to Premises. 15.1 Subject to the provisions of Section 15.2, Landlord reserves for itself and its agents, employees and independent contractors or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises and the Licensed Space in any emergency at any time, and, at other reasonable times, upon at least twenty-four (24) hours reasonable prior notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasersexamine the same, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to confirm Tenant’s compliance with the expiration terms and provisions of this Lease) tenants, and/or to post notices of nonresponsibilitymake such repairs, to determine whether Tenant is complying with its obligations under this Lease, replacements and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access improvements as Landlord may perform pursuant to the Premises to governmental terms of Section 8.1, or utility employees. which Landlord may erectdeem necessary or reasonably desirable to the Premises, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises Licensed Space or to any other portion of the Building where or which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Lease (after the expiration of any applicable notice and/or cure period), or for the purpose of complying with Legal Requirements or other directions of governmental authorities. Landlord shall repair, at Landlord’s expense, any actual damage caused by Landlord during the course of such work and/or entry into the Premises, and shall restore the Premises as nearly as reasonably required by practicable to the character condition existing prior to such installation but in no event shall Landlord be obligated to employ overtime labor or to incur any extraordinary expenses in connection therewith. Tenant shall permit Landlord to erect, use and maintain ducts, pipes and conduits in and through the Premises and the Licensed Space and to erect new pipes and conduits therein, provided, however, that (i) to the extent reasonably possible (without the expenditure of any extraordinary expense), any such ducts, pipes or conduits installed in or through any portion of the work Premises where there is no drop ceiling shall either be concealed behind, beneath or within partitioning, columns, ceilings or floors located in the Premises, or completely furred at points immediately adjacent to be performed partitioning, columns, ceilings or floors located in making repairs the Premises, (ii) the installation of any such pipes, ducts, or improvementsconduits, provided that when completed, shall not reduce the entrance usable area of the Premises beyond a de minimis amount and (iii) Landlord shall repair any damage caused by Landlord to the Premises as a result of any such installations. Landlord may, during the progress of any work in the Premises and the Licensed Space, take all necessary materials and equipment into the Premises and the Licensed Space, as applicable, without the same constituting an eviction nor shall not Tenant be blocked entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or access interfered with thereby, and that there is no unreasonable interference with interruption of business or otherwise. Throughout the business term hereof but subject to the provisions of Tenant. In the event of an emergencySection 15.2, Landlord shall have the right to enter the Premises at reasonable hours, upon reasonable prior notice to Tenant, for the purpose of showing the same to (i) prospective purchasers or mortgagees of the Building or (ii) to any time on oral notice. Except other persons to the extent caused by Landlord’s negligence or willful misconductsuch showing relates to sustainable design efforts, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s businessimprovements, any loss of occupancy or quiet enjoyment and/or initiatives at the Campus. During the last year of the PremisesTerm, any Landlord shall have the right to abatement enter the Premises at reasonable hours, upon reasonable prior notice to Tenant, for the purpose of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21showing the same to prospective tenants. Any If Tenant is not present to open and permit an entry to into the Premises or portions thereof obtained the Licensed Space, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly (in the event of any emergency) and provided reasonable care is exercised to safeguard Tenant’s property and such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected except that Landlord shall promptly repair any damage caused by Landlord in accordance with this Section 21 shall not be construed or deemed to be as a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion result thereof. Landlord shall have the right at any time (including, without limitation, in connection with any repairs, replacements and improvements that Landlord may perform any work pursuant to the terms of Section 8.1(a) hereof), without the same constituting an eviction and without incurring liability to Tenant therefor to change the arrangement, design and/or location of public entrances, storefronts, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of any Building and to change the name, number or designation by which a Building may be known, provided that any such change does not diminish Tenant’s means of access to the Premises beyond a de minimis extent. In connection with any access under this Section 21 in a manner designed Article 15, Landlord agrees to cause as little use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as is reasonably practical, provided, however, Premises; provided that in no event shall Landlord and Tenant shall cooperate as be required to the timing and staging of utilize overtime or premium pay labor or incur any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursextraordinary costs in connection therewith.

Appears in 2 contracts

Samples: Agreement of Lease (Armstrong World Industries Inc), Lease Between (Armstrong Flooring, Inc.)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by 13.1 Tenant shall permit Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, pipes and conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, Demised Premises. Landlord and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Demised Premises at any time on oral notice. Except all times, to examine the same and to clean and make such repairs, alterations, decorations, additions and improvements as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon Demised Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part, and subject to the extent caused provisions of Article 10, the Base Annual Rent reserved shall in no wise xxxxx white said repairs, alterations, decorations, additions or improvements are being made, by Landlord’s negligence reason of inconvenience, annoyance or willful misconduct, injury to the business of Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment because of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging prosecution of any such work, or otherwise. To Landlord and Landlord's agents are expressly granted permission to show Demised Premises at any reasonable time to prospective tenants, mortgagees, purchasers, Lessees of the extent reasonably practicableBuilding and other persons with a business interest therein. If, during the last month of the Term, Tenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may immediately enter and alter, renovate and redecorate Demised Premises, without elimination or abatement of rent or other compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into Demised Premises, at any time, when for any reason an entry therein shall occur be necessary or permissible hereunder, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (I during normal business hours.such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property therefrom, Landlord may immediately enter and alter, renovate and redecorate Demised Premises, without elimination or abatement of rent or other compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into Demised Premises, a any time, when for any reason an entry therein shall be necessary or permissible hereunder, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations, terms, covenants, conditions, provisions or agreement of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Park or the Building or any part thereof, other than an otherwise provided in this Lease. TENANT'S INSURANCE

Appears in 2 contracts

Samples: Letter and Construction Agreement (Homelife Inc), Letter and Construction Agreement (Homelife Inc)

Access to Premises. 14.1 Landlord reserves for itself the right, and its agentsTenant shall permit Landlord, employees without any of the same constituting an eviction and independent contractors the right without incurring liability to enter the Premises upon at least twenty-four Tenant therefor, (24i) hours notice to inspect install, erect, use and maintain, repair and replace pipes, ducts and conduits in and through the Premises; provided, however, that Landlord shall, to supply any service the extent reasonably practicable and economically feasible under the circumstances, disguise, conceal or camouflage the pipes, ducts and conduits; (ii) to be provided by Landlord to Tenantchange the arrangement and/or location of public entrances, to prospective purchaserspassageways, mortgageesdoors, beneficiaries doorways, corridors, elevators, stairs, toilets or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion public parts of the Building. Landlord’s right to enter the Premises shall include the right to grant Building (provided Tenant still has reasonable access to the Premises Premises); (iii) to governmental change the Building name or utility employeesaddress; and (iv) to impose such controls as it deems reasonably prudent with respect to access to the Building by Tenant’s visitors. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord’s agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times to examine the extent caused by Landlord’s negligence same, to show them to prospective or willful misconductexisting purchasers, Tenant waives any claim for damages for any injury mortgagees, lessors or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment lessees of the PremisesBuilding or space therein, any right and to abatement of Rentmake such decorations, repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions as Landlord may deem necessary or desirable to the Premises or portions to any other portion of the Building or which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or for the purpose of complying with laws, regulations or other requirements of government authorities and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in no way xxxxx while said repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof obtained by Landlord in accordance with this Section 21 and shall provide reasonable prior notice to Tenant of same. If Tenant shall not be construed or deemed personally present to be a forcible or unlawful open and permit an entry into, or a detainer of, into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or may, only in an evictionemergency, actual forcibly enter the same, without rendering Landlord or constructive, of Tenant from the Premises such agents liable therefor (if during such entry Landlord or any portion thereof. Landlord Landlord’s agents shall perform any work pursuant accord reasonable care to this Section 21 in a manner designed to cause as little interference with Tenant’s use property), and without in any manner affecting the obligations and covenants of the Premises as is reasonably practical, providedthis Lease. Nothing herein contained, however, that shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant shall cooperate as therefor, to change the timing arrangement and/or location of entrances or passageways, doors and staging doorways, and corridors, elevators, stairs, toilets, or other public parts of any such work. To the extent reasonably practicableBuilding and to change the name, any entry shall occur during normal business hoursnumber or designation by which the Building is commonly known.

Appears in 2 contracts

Samples: Agreement of Lease (Panacea Acquisition Corp), Agreement of Lease (Panacea Acquisition Corp)

Access to Premises. Landlord reserves for itself Tenant shall permit Landlord, its agents and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premisesdesignees, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work and to be performed in making repairs or improvements, provided that the entrance have free access to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In any part thereof in the event of an emergency, . Landlord or Landlord's agents shall also have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of upon the Premises, any right to abatement of Rentinspect the same, to perform janitorial and cleaning services, and to make such decorations, repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions to the Premises or portions the Project as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required thereof obtained without the same constituting an eviction of Tenant in whole or in part, and the rent reserved shall in no way xxxxx (except as provided in Sections 13 or 14 hereof) while said decorations, repairs, alterations, improvements, or additions are being made, by Landlord in accordance with this Section 21 reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be construed personally present to open and permit an entry into said Premises, at any time, when for any reason an entry therein shall be necessary or deemed to be permissible, Landlord or Landlord's agents may enter the same by a forcible or unlawful entry intomaster key, or a detainer ofmay forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the Premisesobligations and covenants of this Lease. Nothing contained in this Section 10, however, shall be deemed or an evictionconstrued to impose upon Landlord any obligations, actual responsibility or constructiveliability whatsoever for the care, supervision or repair of Tenant from the Premises Building or any portion part thereof, in the exercise of any rights herein provided. Landlord shall perform also have the right at any work pursuant time without the same constituting an actual or constructive eviction and without incurring any liability to this Section 21 in a manner designed Tenant therefor, to cause as little interference with Tenant’s use change the Arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the Premises as is reasonably practicalBuilding, providedand to close entrances, howeverdoors, that corridors, elevators or other facilities. Landlord and shall not be liable to Tenant shall cooperate as to for any expense, injury, loss or damage resulting from work done in or upon, or the timing and staging of any such work. To the extent reasonably practicableuse of, any entry shall occur during normal business hoursadjacent or nearby building, land, street or alley.

Appears in 2 contracts

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

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors 13. Owner or Owner's agents shall have the right (but shall not be obligated) to enter the Premises upon demised premises in any emergency at least twenty-four (24) hours notice to inspect the Premisesany time, and, at other reasonable times, to supply any service examine the same and to be provided by Landlord to Tenantmake such repairs, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior replacements and improvements as Owner may deem necessary and reasonably desirable to the expiration of this Lease) tenants, demised premises or to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Buildingbuilding or which Owner may elect to perform [13A]. Landlord’s right Tenant shall permit Owner to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, and replace pipes and conduits and other necessary structures in and through the Premises demised premises and to erect new pipes and conduits therein provided they are concealed within the walls, floor, or ceiling. Owner may, during the progress of any other portion work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason or loss or interruption of business or otherwise. Throughout the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord term hereof Owner shall have the right to enter the Premises demised premises at reasonable hours [13B] for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any time on oral noticeevent shall the obligations of Tenant hereunder be affected. Except If during the last month of the term Tenant shall have removed all or substantially all of Tenant's property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury compensation and such act shall have no effect on this lease or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours's obligations hereunder.

Appears in 1 contract

Samples: Edison Schools Inc

Access to Premises. Landlord reserves for itself and its agentsSection 16.1 (A) Tenant shall permit Landlord, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right agents and public utilities servicing the Buildings to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingconcealed ducts, pipes, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord’s agents shall have the right to enter the Premises at any time on oral all reasonable times upon (except in case of emergency) reasonable prior notice. Except , which notice may be oral, to examine the same, to perform audits or inspections for Hazardous Materials, to show the same to prospective purchasers, Mortgagees or lessees of the Buildings or space therein, or to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the extent caused by Landlord’s negligence Premises or willful misconductto any other portion of the Buildings, Tenant waives any claim for damages for any injury or inconvenience (ii) which Landlord may elect to or interference with perform at least ten (10) days after notice (except in an Table of Contents emergency when no notice shall be required) following Tenant’s businessfailure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no respect xxxxx or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of occupancy business of Tenant, or quiet enjoyment otherwise. Landlord shall promptly repair any damage caused to the Premises by such work, alterations, improvements or additions. Landlord shall not store materials in the Premises (except during performance of the Premiseswork), any right unless they are confined to abatement of Rentthe area in which such alterations, or any other loss occasioned by Landlord’s exercise of any of additions and improvements are being performed. In exercising its rights under this Section 21. Any entry 16.1, Landlord shall attempt to coordinate with Tenant in making any repairs, alterations or improvements in the Premises or portions thereof obtained by Landlord in accordance with this Section 21 and shall not be construed or deemed use reasonable efforts to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little minimize interference with Tenant’s conduct of business in the Premises, provided Landlord shall not be required to use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursovertime labor.

Appears in 1 contract

Samples: Agreement of Lease (Progenics Pharmaceuticals Inc)

Access to Premises. Landlord reserves for itself LESSEE shall (i) permit LESSOR to erect, use, and its agentsmaintain pipes, employees ducts, and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect conduits in and through the Premises, provided the same do not materially reduce the floor area or materially or adversely affect the LESSEE'S use of the same; (ii) permit the LESSOR, any mortgagee of the Building and its representatives, and any authorized representative of the Walpole Board of Health to supply have free and unrestricted access to and to enter upon the Premises at all reasonable hours for the purpose of inspection, or for making repairs, replacements, or improvements in or to the Building, or the equipment thereof (including without limitation, sanitary, electrical, or other systems), or to determine compliance with all laws, orders, and requirements of governmental or other authority, or exercising any service right reserved to be provided by Landlord to TenantLESSOR under this Lease (including the right during the progress of any such repairs, replacements, or improvements, or while performing work and furnishing materials in connection with compliance with any such laws, orders, or requirements, to take upon or through or to keep and store within the Premises all necessary materials, tools, and equipment); and, (iii) permit LESSOR, at reasonable times, to show the Premises during ordinary business hours to any mortgagee, prospective purchaserspurchaser, mortgageesprospective mortgagee, beneficiaries or (no earlier than prospective assignee of any mortgage of the Building, and during the period of twelve (12) months prior next preceding the Termination Date to any person contemplating the expiration leasing of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Buildingpart thereof. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises If LESSEE shall not be blocked or access interfered with thereby, personally present to open and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter permit entry into the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages when for any injury reason an entry therein shall be necessary or inconvenience permissible, LESSOR or LESSOR'S agents may, in an emergency situation, enter the same by a master key, or may forcibly enter the same, without rendering LESSOR or such agents liable therefore (if during such entry LESSOR or LESSOR'S agents shall accord reasonable care to LESSEE'S property), and without in any manner affecting the obligations and covenants of this Lease. The rights provided for in subsections (i), (ii) and (iii) hereof shall be exercised upon reasonable notice (telephonic or otherwise) if the same is practicable, and with minimum practicable interference with Tenant’s business, any loss of occupancy or quiet enjoyment the conduct of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, LESSEE'S business on the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Eco Form International Inc

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Tenant shall permit Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter upon the Premises, to inspect the same, to perform janitorial and cleaning services and to make such repairs or alterations to the Premises (hereinafter in this Section 12 the "Cleaning or Alterations") or the Building as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise xxxxx (except as provided in Section 13) while said Cleaning or Alterations, are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be personally present to open and permit an entry into said Premises, at any time, when for any reason an entry therein shall be necessary or permissible, to the extent permitted by law Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property) and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord shall also have the right at any time on oral noticewithout the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or locations of entrances or passageways, doors and doorways, and corridors, elevators, toilets, other Common Areas, and parking areas. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed liable to Tenant for any expense, injury, loss or deemed to be a forcible damage resulting from work done in or unlawful entry intoupon, or a detainer the use of, the Premisesany adjacent or nearby building, land, street or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursalley.

Appears in 1 contract

Samples: Lease (Cavalier Homes Inc)

Access to Premises. Landlord reserves for itself and its Section 14.1. (A) Subject to the provisions of Section 14.1(C) below, Tenant shall permit Landlord, Landlord's agents, representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the extent caused by Landlord’s negligence or willful misconductsame, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right show them to abatement of Rentprospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (1) to the Premises or portions thereof obtained by (i) as Landlord in accordance with is required to perform pursuant to this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoLease, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant which Tenant is obligated to make or perform under this Section 21 in Lease, or (iii) for the purpose of complying with any Requirements, a manner designed Superior Lease or a Mortgage, and (2) to cause as little interference with Tenant’s use any other portion of the Building as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and, except as is reasonably practicalset forth in Section 14.5 hereof, providedthe Fixed Rent (and any other item of Rental) shall in no wise xxxxx while said repairs, howeveralterations, that Landlord and Tenant shall cooperate as to the timing and staging improvements, additions or restorations are being made, by reason of any such work. To the extent reasonably practicableloss or interruption of business of Tenant, any entry shall occur during normal business hoursor otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Liveperson Inc)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon Upon at least twenty-four (24) hours hours’ prior oral notice (except that no notice shall be required in an emergency), and subject to inspect the Premisesprovisions of Section 2.3 hereof, to supply any service to be provided by Tenant shall: (i) permit Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts and conduits and other necessary structures in and through the Premises, provided the same do not materially reduce the floor area or materially adversely affect the appearance thereof; (ii) permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have free and unrestricted access to and to enter upon the Premises at all reasonable hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the period of 12 months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises part thereof. If Tenant shall not be blocked or access interfered with thereby, personally present to open and that there is no unreasonable interference with the business of Tenant. In the event of permit an emergency, Landlord shall have the right to enter entry into the Premises at any time on oral noticewhen for any reason an entry therein shall be necessary or permissible after the giving of nay required notice by Landlord (except that no notice shall be required in an emergency), Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Except Provided that Landlord shall incur no additional expense thereby, Landlord shall exercise its rights of access to the Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little practicable interference with Tenant’s use and occupation of the Premises as Premises. Landlord acknowledges that Tenant will maintain certain highly confidential materials in a secure area (“Secure Area”) within the Premises, and that Tenant believes that its business is reasonably practicaldependent upon its ability to maintain both the actual confidentiality of such materials and also the appearance that such confidentiality has been maintained at all times. Accordingly, provided, however, that Landlord and Tenant the following provisions shall cooperate as apply to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.Secure Area:

Appears in 1 contract

Samples: Learning Tree International Inc

Access to Premises. Landlord reserves for itself and its Section 14.1. (A) Tenant shall permit Landlord, Landlord's agents, representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the extent caused by Landlord’s negligence or willful misconductsame, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right show them to abatement of Rentprospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed necessary or deemed desirable to be a forcible or unlawful entry intoany other portion of the Building, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work which Tenant is obligated to make or perform under this Lease (provided that (except in the case of emergency) so long as Tenant has commenced such repairs or work within such ten (10) day period and diligently prosecutes same to completion, Landlord shall have no right to perform same), or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise xxxxx (except to the extent expressly set forth in Section 14.2 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. All materials which Landlord shall take into and upon the Premises pursuant to the provisions of this Section 21 in a manner designed Article 14 may be stored within the Premises provided the same is located so as to cause as little minimize interference with or disruption of Tenant’s use 's normal business operation. Tenant shall have the right (except in the case of emergency) to have a representative of Tenant accompany Landlord in the Premises as when access is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hourspermitted hereunder.

Appears in 1 contract

Samples: Agreement (General Media Inc)

Access to Premises. Landlord reserves for itself A. Access by Landlord. Tenant shall permit Landlord, Landlord's agents and its agents, employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use use, maintain and maintain scaffoldingreplace, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises. To the extent reasonably practicable, any pipes, ducts or conduits installed in or through the Premises pursuant to this Article 14 shall be concealed behind, beneath or any other portion of the Building where reasonably required by the character of the work within partitioning, columns, ceilings or floors located or to be performed located in making repairs or improvementsthe Premises. Landlord, provided that the entrance to the Premises shall not be blocked or access interfered with therebyLandlord's agents and/or affiliates, and that there is no unreasonable interference with the business holder of Tenant. In the event of an emergency, Landlord any Mortgage shall each have the right to enter the Premises at any time on all reasonable times upon reasonable prior notice (other than in event of an emergency), which notice may be oral notice. Except or by telephone, to (i) examine the extent caused by Landlord’s negligence same, (ii) to show them to prospective purchasers, mortgagees or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment lessees of the PremisesBuilding or space therein, any right (iii) to abatement of Rentmake such repairs, replacements, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions as Landlord may deem necessary or desirable to the Premises or portions thereof obtained to any other portion of the Building or which Landlord may elect to perform ten (10) days after notice (except in the event of an emergency) to Tenant of Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, (iv) for the purpose of complying with laws, regulations or other requirements of government authorities and (v) to perform "Remedial Work" (as defined in Article 40 hereof) after the failure of Tenant to perform the same in accordance with the terms of this Lease. Landlord shall be allowed, during the progress of any work in and about the Premises, to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, replacements, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant or otherwise, except as otherwise expressly set forth herein; it being understood and agreed that Landlord shall (w) cause any debris or refuse to be removed from the work area in the Premises at the end of each day, (x) cause all areas of the Premises adversely affected by Landlord's activities to be cleaned upon completion of such work (y) remove all tools, equipment and other material relating to such work from the Premises upon completion of such work, and (z) not use the Premises for the staging of work to be performed by Landlord in accordance with this Section 21 any other part of the Building. Notwithstanding anything to the contrary contained above, Landlord shall not enter the Premises at times other than normal business hours unless accompanied by an authorized representative of Tenant (provided that Tenant shall make such representative available upon not more than two (2) hours prior notice) or unless required in the event of an emergency. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof upon reasonable prior notice (other than in event of an emergency), which notice may be oral or by telephone. If Tenant shall not be construed or deemed personally present to be a forcible or unlawful open and permit an entry into, or a detainer of, into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder (subject to the terms of this Article 14), Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same (in event of an evictionemergency only), actual without rendering Landlord or constructivesuch agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of Tenant from this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Any entry upon the Premises by Landlord or any portion thereof. Landlord shall perform any work its agents pursuant to this Section 21 Article 14 shall be effected in a manner designed intended to cause as little minimize interference with the conduct of Tenant’s use of 's business in the Premises as is reasonably practical, provided, however, (without any requirement that Landlord and utilize overtime or premium-pay labor unless Tenant shall cooperate as to the timing and staging of any pays for such work. To the extent reasonably practicable, any entry shall occur during normal business hoursovertime or premium-pay costs in advance).

Appears in 1 contract

Samples: Agreement of Lease (Predictive Systems Inc)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors Lessor or Lessor's agents shall have the right (but shall not be obligated) to enter the Premises upon in any emergency at least twenty-four (24) hours notice to inspect the Premisesany time, and at other reasonable times, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to examine the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, same and to altermake such repairs, improve or repair replacements and improvements as Lessor may deem necessary and reasonably desirable to the Premises or to any other portion of the Building, or which Lessor may elect to perform following Lessee's failure to make repairs or perform any work which Lessee is obligated to perform under this Lease, or for the purpose of complying with laws, regulations, and other directions of governmental authorities. Landlord’s right Lessee shall permit Lessor to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, and replace pipes and conduits and other necessary structures in and through the Premises or and to erect new pipes and conduits therein. Lessor may, during the progress of any other portion of work in the Building where reasonably required by the character of the work to be performed in making repairs or improvementsPremises, provided that the entrance to take all necessary materials and equipment into the Premises without the same constituting an eviction nor shall not the Lessee be blocked entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or access interfered with thereby, and that there is no unreasonable interference with interruption of business or otherwise. Throughout the business of Tenant. In the event of an emergency, Landlord term hereof Lessor shall have the right to enter the Premises at any time on oral noticereasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last six (6) months of the term, for the purpose of showing the same to prospective tenants. Except If Lessee is not present to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of open and permit an entry into the Premises, Lessor or Lessor's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Lessee's property and such entry shall not render Lessor or its agents liable therefor, nor in any right to event shall the obligations of Lessee hereunder be affected. If during the last month of the term Lessee shall have removed all or substantially all Lessee's property therefrom, Lessor may immediately enter, alter, renovate or redecorate the Premises without reduction or abatement of Rentrent, or incurring liability to Lessee for any other loss occasioned by Landlord’s exercise compensation and such act shall have no effect on this Lease or Lessee's obligations hereunder. Lessor shall have the right at any time, without the same constituting an eviction and without incurring liability to Lessee therefor to change the arrangement and/or location of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intopublic entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use other public parts of the Premises as is reasonably practicalBuilding and to change the name, provided, however, that Landlord and Tenant shall cooperate as to number or designation by which the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursBuilding may be known.

Appears in 1 contract

Samples: Lease Agreement (Top Source Technologies Inc)

Access to Premises. Landlord reserves for itself and its agentsSection 16.1 (A) Tenant shall permit Landlord, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right agents and public utilities servicing the Building to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingconcealed ducts, pipes, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord’s agents shall have the right to enter the Premises at any time on oral all reasonable times upon (except in case of emergency) reasonable prior notice. Except , which notice may be oral, to examine the same, to perform audits or inspections for Hazardous Materials, to show the same to prospective purchasers, Mortgagees or lessees of the Building or space therein, or to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the extent caused by Landlord’s negligence Premises or willful misconductto any other portion of the Building, Tenant waives any claim for damages for any injury or inconvenience (ii) which Landlord may elect to or interference with perform at least ten (10) days after notice (except in an emergency when no notice shall be required) following Tenant’s businessfailure to make repairs or Back to Contents perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no respect xxxxx or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of occupancy business of Tenant, or quiet enjoyment otherwise. Landlord shall promptly repair any damage caused to the Premises by such work, alterations, improvements or additions. Landlord shall not store materials in the Premises (except during performance of the Premiseswork), any right unless they are confined to abatement of Rentthe area in which such alterations, or any other loss occasioned by Landlord’s exercise of any of additions and improvements are being performed. In exercising its rights under this Section 21. Any entry 16.1, Landlord shall attempt to coordinate with Tenant in making any repairs, alterations or improvements in the Premises or portions thereof obtained by Landlord in accordance with this Section 21 and shall not be construed or deemed use reasonable efforts to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little minimize interference with Tenant’s conduct of business in the Premises, provided Landlord shall not be required to use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursovertime labor.

Appears in 1 contract

Samples: Agreement of Lease (Progenics Pharmaceuticals Inc)

Access to Premises. Landlord reserves for itself The Tenant shall permit the Landlord, its agents and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premisesdesignees, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises walls or any other portion above the ceiling of the Building where reasonably required by the character of the work Premises and to be performed in making repairs or improvements, provided that the entrance have free access to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In any part thereof in the event of an emergency, . The Landlord or Landlord’s agents shall have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of upon the Premises, any right with prior notification to abatement of RentTenant to inspect the same, to perform janitorial and cleaning services and to make such decorations, repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions to the Premises or portions the Project as the Landlord may deem necessary or desirable, and the Landlord shall be allowed to take all material into and upon the Premises that may be required thereof obtained by Landlord without the same constituting an eviction of the Tenant in accordance with this Section 21 whole or in part, and the rent reserved shall not be construed in no way xxxxx (except as provided in Paragraphs 13 or deemed to be a forcible or unlawful entry into14 hereof) while said decorations, repairs, alterations, improvements, or a detainer ofadditions are being made, by reason of loss or interruption of business of the PremisesTenant, or an eviction, actual or constructive, of Tenant from otherwise so long as the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference same do not unreasonably interfere with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Premises. If the Tenant shall cooperate as not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, due to an emergency or pursuant to prior notification given to Tenant, the Landlord or Landlord’s agents may enter the Premises by a master key, or may forcibly enter the Premises, without rending the Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the timing Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and staging doorways, and corridors, elevators, stairs, toilets or public parts of the Building, and to close entrances, doors, corridors, elevators or other facilities. The Landlord shall not be liable to the Tenant for any such work. To expense, injury, loss or damage resulting from work done in or upon, or the extent reasonably practicableuse of, any entry shall occur during normal business hoursadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Office Lease (Monotype Imaging Holdings Inc.)

Access to Premises. Landlord reserves for itself and its SECTION 14.1. (A) Tenant shall permit Landlord, Landlord's agents, representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the extent caused by Landlord’s negligence or willful misconductsame, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right show them to abatement of Rentprospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoany other portion of the Building, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant which Tenant is obligated to make or perform under this Section 21 in Lease, or (iii) for the purpose of complying with any Requirements, a manner designed Superior Lease or a Mortgage, and Landlord shall be allowed to cause as little interference with Tenant’s use of take all material into and upon the Premises as is reasonably practicalthat may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise xxxxx while said repairs, providedalterations, howeverimprovements, that Landlord and Tenant shall cooperate as to the timing and staging additions or restorations are being made, by reason of any such work. To the extent reasonably practicableloss or interruption of business of Tenant, any entry shall occur during normal business hoursor otherwise.

Appears in 1 contract

Samples: NBC Internet Inc

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors The Tenant shall permit the right landlord to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises Demised Premises. The Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter upon the Premises at any time on oral notice. Except Demised Premises, to inspect the same, to perform janitorial and cleaning services and to make such decorations, repairs, alterations, improvements or additions to the extent caused by Landlord’s negligence Demised Premises or willful misconductthe Building as the Landlord may deem necessary or desirable, Tenant waives any claim for damages for any injury or inconvenience and the Landlord shall be allowed to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment take all material into and upon said Demised Premises that may be required therefor without the same constituting an eviction of the PremisesTenant in whole or in part and the rent reserved shall in no wise abatx (except as provided in Section 10) while said decorations, any right to abatement repairs, alterations, improvements or additions are being made, by reason of Rentloss or interruption of business of the Tenant, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21otherwise. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 If Tenant shall not be construed personally present to open and permit an entry into said Demised Premises, at any time, when for any reason any entry therein shall be necessary or deemed to be a forcible permissible, the Landlord or unlawful entry intoLandlord's agents may enter the same by master key, or a detainer ofmay forcibly enter the same, without rendering the PremisesLandlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), or an eviction, actual or constructive, and without in any manner affecting the obligations and covenants of Tenant from the Premises or any portion thereofthis Lease. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, providedNothing herein contained, however, that shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. The Landlord shall also have the right at any time, without the same constituting any actual or constructive eviction and Tenant shall cooperate as without incurring any liability to the timing Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and staging doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building, and to close entrances, doors, corridors, elevators or other facilities. The Landlord shall not be liable to the Tenant for any such work. To expense, injury, loss or damage resulting from work done in or upon, or the extent reasonably practicableuse of, any entry shall occur during normal business hoursadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Office Lease (Vasco Data Security International Inc)

Access to Premises. Landlord reserves for itself Tenant shall permit Landlord, Landlord's agents and its agents, employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the extent caused Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or (iv) for the purpose of complying with laws, regulations or other requirements of government authorities; Landlord shall be allowed to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, alterations, improvements or additions are being made, by Landlord’s negligence reason of loss or willful misconductinterruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. If, during the last twelve (12) months of the Term, Tenant waives any claim for damages for any injury shall have removed all or inconvenience to or interference with substantially all of Tenant’s business's property therefrom, any loss of occupancy or quiet enjoyment of Landlord may immediately enter and alter, renovate and redecorate the Premises, any right to without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other loss occasioned than as herein provided. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by Landlord’s exercise which the Building is commonly known. In addition, Tenant understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the building exterior facade and window glass, requiring access to the same from within the Premises), and that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of its rights under this Section 21the performance by Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Any entry to upon the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work its agents pursuant to this Section 21 Article 14 shall be effected after reasonable notice to Tenant (which notice may be by telephone) except in the case of an emergency and in a manner designed intended to cause as little minimize interference with the conduct of Tenant’s use of 's business in the Premises as is reasonably practical, provided, however, (without any requirement that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursutilize overtime or premium pay labor).

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

Access to Premises. Landlord reserves for itself The Tenant shall permit the Landlord, its agents and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premisesdesignees, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work demised premises and to be performed in making repairs or improvements, provided that the entrance have free access to the Premises shall not be blocked or access interfered with thereby, premises and that there is no unreasonable interference with the business of Tenant. In any part thereof in the event of an emergency, . Upon prior written notice (except in emergency circumstances) the Landlord or Landlord's agents shall have the right to enter upon the Premises premises, to inspect the same, to perform janitorial and cleaning services and to make such decorations, repairs, alterations, improvements or additions to the premises or the Project as the Landlord may deem necessary or desirable, and the Landlord shall be allowed to take all material into and upon said demised premises that may be required thereof without the same constituting an eviction of the Tenant in whole or in part, and the rent reserved shall in no way xxxxx (except as provided in Paragraphs 13 or 14 hereof) while said decorations, repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenant, or otherwise. If the Tenant shall not be personally present to open and permit an entry into said demised premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rending the Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, in the exercise of any rights herein provided. The Landlord shall also have the right at any time on oral notice. Except without the same constituting an actual or constructive eviction and without incurring any liability to the extent caused by Landlord’s negligence Tenant therefor, to change the arrangement and/or location of entrances or willful misconductpassageways, Tenant waives any claim for damages for any injury doors and doorways, and corridors, elevators, stairs, toilets or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment public parts of the PremisesBuilding, any right and to abatement of Rentclose entrances, doors, corridors, elevators or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21facilities. Any entry to the Premises or portions thereof obtained by The Landlord in accordance with this Section 21 shall not be construed liable to the Tenant for any expense, injury, loss or deemed to be a forcible damage resulting from work done in or unlawful entry intoupon, or a detainer the use of, the Premisesany adjacent or nearby building, land, street or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursalley.

Appears in 1 contract

Samples: Medialink Worldwide Inc

Access to Premises. Landlord reserves for itself and its Section 14.1. (A) Tenant shall permit Landlord, Landlord's agents, representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the extent caused by Landlord’s negligence or willful misconductsame, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right show them to abatement of Rentprospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoany other portion of the Building, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant which Tenant is obligated to make or perform under this Section 21 in Lease, or (iii) for the purpose of complying with any Requirements, a manner designed Superior Lease or a Mortgage, and Landlord shall be allowed to cause as little interference with Tenant’s use of take all material into and upon the Premises as is reasonably practicalthat may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise xxxxx while said repairs, providedalterations, howeverimprovements, that Landlord and Tenant shall cooperate as to the timing and staging additions or restorations are being made, by reason of any such work. To the extent reasonably practicableloss or interruption of business of Tenant, any entry shall occur during normal business hoursor otherwise.

Appears in 1 contract

Samples: Teltran International Group LTD

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right LESSEE shall permit LESSOR to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and ------------------ maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises Premises. LESSOR or any other portion LESSOR's agents shall upon reasonable prior notice (except in the case of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall emergencies) have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of upon the Premises, any right to abatement of Rentinspect the same, and to make such decorations, repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions to the Premises or portions thereof obtained Building as LESSOR may deem necessary or desirable, and LESSOR shall be allowed to take all material into and upon the Premises that may be required without the same constituting an eviction of LESSEE in whole or in part and the rent reserved shall in no way xxxxx (except as provided in Paragraph 9) while said decorations, repairs, alterations, improvements, or additions are being made, by Landlord in accordance with this Section 21 reason of loss or interruption of business of LESSEE, or otherwise, provided that LESSOR shall not unreasonably interfere or interrupt LESSEE's business. If LESSEE shall not be construed or deemed personally present to be a forcible or unlawful open and permit entry into, or a detainer of, into the Premises, at any time, when for any reason an entry shall be deemed reasonably necessary by LESSOR, LESSOR or an evictionLESSOR's agents may enter the same by a pass key of forcibly, actual without rendering LESSOR or constructiveits agents liable (if during entry LESSOR or LESSOR's agents shall accord reasonable care to LESSEE's property), and without in any manner affecting the obligations and covenants of Tenant from this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon LESSOR any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or Building, other than as provided in this Agreement. LESSOR shall also have the right any portion thereof. Landlord shall perform time, without the same constituting an actual or constructive eviction and without incurring any work pursuant liability to this Section 21 in a manner designed LESSEE, to cause as little interference with Tenant’s use change the arrangement and/or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Premises as is reasonably practicalBuilding, providedand to close entrances, howeverdoors, corridors, elevators or other facilities, provided that Landlord and Tenant such acts of LESSOR shall cooperate as not substantially disturb the rights of LESSEE granted hereunder. LESSOR shall not be liable to LESSEE for any expense, injury, loss or damage resulting from work done in or upon, or the timing and staging of any such work. To the extent reasonably practicableuse of, any entry shall occur during normal business hoursadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Lease Agreement (Metavante Corp)

Access to Premises. Landlord reserves for itself Section 16.1. (A) Tenant shall permit Landlord, Landlord's agents and its agents, employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingconcealed ducts, pipes, pipes and conduits and other necessary structures in and through the Premises, provided the same do not interfere with Tenant's use of the Premises or decrease the usable area thereof by more than a de minimis amount. Landlord, any other portion of the Building where reasonably required by the character of the work to be performed in making repairs Lessor or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord such party's agents shall have the right to enter the Premises at any time on oral all reasonable times upon (except in case of emergency) reasonable prior notice. Except , which notice may be oral, to examine the same, to show the same to prospective purchasers, Mortgagees or lessees of the Building or space therein, and to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary to the extent caused Premises (or as Landlord is otherwise entitled to make under this Lease to the Premises), or to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to any other portion of the Building, or (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be required) following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no respect xxxxx or be reduced by Landlord’s negligence reason of said repairs, alterations, improvements or willful misconductadditions, Tenant waives any claim wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise (except as otherwise expressly set forth in this Lease). Notwithstanding the foregoing, for damages for any injury or inconvenience purposes of showing the Premises to or interference with Tenant’s businessprospective lessees, any loss of occupancy or quiet enjoyment of Landlord shall only be entitled to enter the Premises, any right (i) during the 12 months immediately prior to abatement of Rentthe Fixed Expiration Date, upon reasonable prior notice (which may be oral), or (ii) at any other loss occasioned by Landlord’s exercise time after an Event of any of its rights Default under this Section 21. Any entry Lease, without notice to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Agreement of Lease (Ampex Corp /De/)

Access to Premises. Landlord reserves for itself The Tenant shall permit the Landlord, its agents and its agentsdesignees upon reasonable prior written notice, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premisesexcept in case of emergency, to supply any service to be provided by Landlord to Tenanterect, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Leaseuse, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring, and conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work demised premises and to be performed in making repairs or improvements, provided that the entrance have free access to the Premises shall not be blocked or access interfered with thereby, premises and that there is no unreasonable interference with the business of Tenant. In any part thereof in the event of an emergency, . Landlord shall conduct such work in a manner not to interfere unreasonably with Tenant's business at the Premises. Landlord or Landlord's agents shall have the right to enter upon the Premises premises, to inspect the same and to make such decorations, repairs, alterations, improvements, or additions to the premises or the Building as the Landlord may deem necessary or desirable upon 24 hours' notice (except in case of emergency), and the Landlord shall be allowed to take all material into and upon said demised premises that may be required thereof without the same constituting an eviction of the Tenant in whole or in part, and the rent reserved shall in no way abatx (xxcept as provided in Section 13) while said decorations, repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenant, or otherwise. If the Tenant shall not be personally present to open and permit an entry into said demised premises, at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconducttime, Tenant waives any claim for damages when for any injury reason an entry therein shall be necessary or inconvenience permissible, the Landlord or Landlord's agents may enter the same by a master key, without rending the Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or interference with Tenant’s businessconstrued to impose upon the Landlord any obligations, any loss of occupancy responsibility or quiet enjoyment liability whatsoever, for the care, supervision or repair of the Premises, any right to abatement of Rent, Building or any other loss occasioned by Landlord’s part thereof, in the exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, herein provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Griffith Micro Science International Inc

Access to Premises. Landlord reserves for itself and its Section 14.1. (A) Tenant shall permit Landlord, Landlord's agents, ------------ representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the extent caused by Landlord’s negligence or willful misconductsame, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right show them to abatement of Rentprospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoany other portion of the Building, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant which Tenant is obligated to make or perform under this Section 21 in Lease, or (iii) for the purpose of complying with any Requirements, a manner designed Superior Lease or a Mortgage, and Landlord shall be allowed to cause as little interference with Tenant’s use of take all material into and upon the Premises as is reasonably practicalthat may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise xxxxx while said repairs, providedalterations, howeverimprovements, that Landlord and Tenant shall cooperate as to the timing and staging additions or restorations are being made, by reason of any such work. To the extent reasonably practicableloss or interruption of business of Tenant, any entry shall occur during normal business hoursor otherwise.

Appears in 1 contract

Samples: Musicmaker Com Inc

Access to Premises. Landlord reserves for itself Tenant shall permit Landlord, Landlord's agents and its agents, employees and independent contractors public utilities servicing the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the PremisesBuilding to, to supply any service to be provided by Landlord to Tenantthe extent necessary, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times, and upon reasonable notice (except in case of emergency) to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees (in the case of lessees, during the last six (6) months of the Term) of the Building or space therein, (iii) to make such repairs, alterations, improvements or additions as Landlord may deem necessary to the extent caused Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or (iv) for the purpose of complying with laws, regulations or other requirements of government authorities. Landlord shall be allowed to take all necessary material and equipment into and upon the Premises and, if in connection with Landlord's Core Work only and while Landlord's Core Work is being performed, to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, alterations, improvements or additions are being made, by Landlord’s negligence reason of loss or willful misconductinterruption of business of Tenant, or otherwise. During the nine (9) months prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. If, during the last six (6) months of the Term, Tenant waives shall have removed all or substantially all of Tenant's property therefrom, Landlord may terminate this Lease and such acts shall not be deemed an actual or constructive eviction. If Tenant shall not be personally present to open and permit an entry into the Premises, at any claim for damages time, when for any injury reason an entry therein shall be necessary, Landlord or inconvenience Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor, except for any damages caused thereby (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or interference with construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as in this Lease provided. Landlord also shall, if required by Laws or if same does not materially adversely affect Tenant’s business, any loss of occupancy or quiet enjoyment 's use of the Premises, have the right at any right time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. In addition, Tenant understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the Building exterior facade and window glass, requiring access to the same from within the Premises), and that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any abatement of RentRent on account of any noise, vibration or any other loss occasioned disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord’s Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Landlord shall, in connection with the exercise of any of its Landlord's rights under this Section 21. Any entry Article 14 or Article 4, but not in any way limiting Landlord's rights in this Lease, use reasonable efforts to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed minimize disturbance to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Agreement (Viatel Inc)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right shall have access to enter the Premises upon at least twenty24-four hours prior notice (24except in an emergency, when no notice shall be required) hours notice to to: (a) inspect the Premises; (b) exhibit the Premises to prospective purchasers, to lenders or tenants (during the last 180 days of the Term); (c) determine whether Tenant is complying with its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or Tenant hereunder; (no earlier than twelve (12e) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibilitynon-responsibility; (f) make repairs required of Landlord hereunder or repairs to any adjoining space or utility services or make repairs, alterations or improvements to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises , provided, however, that all such work shall include the right to grant be done in a commercially reasonable access to the Premises to governmental and prompt manner, or utility employees(g) exercise any of its rights hereunder including, without limitation, its cure rights under Section 17.1. Landlord may erectmay, use and maintain scaffoldingin order to carry out the purposes stated at clauses (a) through (g) above, pipes, conduits erect scaffolding and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed, and during the course of work being performed in making repairs or improvementskeep and store upon the Premises all necessary material, supplies, and equipment, provided that the entrance business of Tenant shall be interfered with as little as is reasonably practicable. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises (including the portion thereof on the second floor of the Building), excluding Tenant’s vaults and safes, if any. Except for locks called for by the Initial Tenant Improvements (for which Tenant shall not provide keys and security codes to Landlord as required by the preceding sentence), no additional locks shall be blocked or access interfered with therebyplaced by Tenant upon any doors in the Premises and if more than two keys for any lock are desired, such additional keys shall be paid for by Tenant. Except for locks called for by the Initial Tenant Improvements, all keys shall be duplicated only by Landlord, and that there is under no unreasonable interference with the business of Tenantcircumstance shall Tenant cause any key to be duplicated. In the event of an emergency, Landlord shall have the right to enter the Premises at use any time on oral notice. Except and all means which Landlord may deem proper to the extent caused by Landlord’s negligence open said doors in an emergency or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience in re-taking possession in order to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of obtain entry to the Premises, and any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 by any of said means, or otherwise, shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, eviction of Tenant from the Premises or any portion thereof. Landlord , and any damages caused on account thereof shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with be paid by Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Tenant shall permit Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, pipes and conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, demised premises. Landlord and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises demised premises at all times, to examine the same and to make such repairs, alterations, additions and improvements as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon the demised premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part, and, subject to the provisions of Article 11 above, the rent reserved shall in no way xxxxx while such repairs, alterations, additions or improvements are being made, by reason of inconvenience, annoyance or injury to the business of Tenant because of the prosecution of any such work. Landlord agrees to use reasonable efforts to minimize the interference with Tenant's use of the demised premises as resulting from the completion of such repairs, alterations, additions or improvements. Landlord and Landlord's agents are expressly granted permission to inspect the demised premises at any reasonable time and to show the demised premises at any reasonable time to prospective tenants, mortgagees, purchasers, lessees of the Building and other persons with a business interest therein. If Tenant shall not be personally present to open and permit an entry into the demised premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages when for any injury reason an entry shall be necessary or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights permissible under this Section 21. Any entry lease, Landlord or Landlord's agents may (after attempting to the Premises or portions thereof obtained by provide reasonable verbal notice to Tenant except in an emergency situation in which event Landlord in accordance with this Section 21 shall not be construed or deemed required to be attempt to provide such notice) enter the same by a forcible or unlawful entry intomaster key, or a detainer ofin the event of emergency may forcibly enter the demised premises without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the Premisesobligations, terms, covenants, conditions, provisions or an eviction, actual or constructive, agreements of Tenant from the Premises or any portion thereofthis lease. Landlord shall perform any work pursuant have the right to this Section 21 in a manner designed to cause as little interference with Tenant’s use of change the Premises as name, number and designation by which the Building is reasonably practical, commonly known; provided, however, that Landlord and Tenant shall cooperate not be permitted to change Tenant's Sign (as hereinafter defined). Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the timing and staging care, supervision or repair of the Building or any such work. To the extent reasonably practicablepart thereof, any entry shall occur during normal business hoursother than as otherwise provided in this lease.

Appears in 1 contract

Samples: Canyon Center Office Lease (Hagler Bailly Inc)

Access to Premises. Landlord reserves for itself Landlord's Access. (a) Landlord, Landlord's agents and its agents, employees and independent contractors utility service providers servicing the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord Building may erect, use and maintain scaffoldingconcealed ducts, pipes, pipes and conduits and other necessary structures in and through the Premises or any other portion provided such use does not cause the usable area of the Building where reasonably required by the character of the work Premises to be performed in making repairs or improvements, provided that the entrance reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Premises shall not be blocked caused by any work performed pursuant to this Article 14. Landlord, any Lessor or access interfered with thereby, Mortgagee and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, any other party designated by Landlord and their respective agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times, upon not less than 24 hours prior telephonic notice except in the case of emergency, to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of examine the Premises, any right to abatement show the Premises to prospective purchasers, Mortgagees, Lessors or, during the last 15 months of Rentthe Term, tenants and their respective agents and representatives or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry others, to perform Restorative Work to the Premises or portions thereof obtained by the Building, and Landlord in accordance with this Section 21 shall not be construed or deemed allowed to take all material into the Premises that may be a forcible or unlawful entry into, or a detainer of, required for the Premises, or performance of such Restorative Work without the same constituting an eviction, actual or constructive, constructive eviction of Tenant from the Premises in whole or in part and without any portion thereof. Landlord abatement of Rent; provided, however, that all such work shall perform any work pursuant to this Section 21 in a manner designed be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible and shall be subject to the provisions of Section 14.4 below. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, mail chutes, conduits and other mechanical facilities, Building Systems; Building facilities and Common Areas are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair. Alterations to Real Property. Landlord has the right at any time to (a) change the name, number or designation by which the Building is commonly known, and (b) alter the Building and Garage to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas without any such acts constituting an actual or constructive eviction and without incurring any liability to Tenant, so long as such changes do not deprive Tenant of access to the Premises. Landlord shall not exercise any of its rights pursuant to this Section 14.2, to the extent doing so would unreasonably interfere with Tenant’s 's use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursor Garage.

Appears in 1 contract

Samples: Lease (PMC Sierra Inc)

Access to Premises. Landlord reserves for itself and its agentsSection 14.1 Tenant shall permit Landlord, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right agents and public utilities servicing the Building to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingconcealed ducts, pipes, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord’s agents shall have the right to enter the Premises at any time on oral noticeall reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers. Except Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the extent caused Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord’s negligence , in making any such repairs, alterations, additions or willful misconductimprovements, Tenant waives any claim for damages for any injury or inconvenience shall use reasonable efforts to or minimize interference with Tenant’s business, any loss of access to and use and occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, for the Permitted Uses; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, unless Tenant requests the use of such overtime labor and Tenant shall cooperate as agrees to pay the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursadditional costs to Landlord upon demand.

Appears in 1 contract

Samples: Sublease Agreement (Switch & Data, Inc.)

Access to Premises. Landlord reserves for itself and its Section 14.1. (A) Tenant shall permit Landlord, Landlord's agents, ------------- representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the extent caused by Landlord’s negligence or willful misconductsame, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right show them to abatement of Rentprospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoany other portion of the Building, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant which Tenant is obligated to make or perform under this Section 21 in Lease, or (iii) for the purpose of complying with any Requirements, a manner designed Superior Lease or a Mortgage, and Landlord shall be allowed to cause as little interference with Tenant’s use of take all material into and upon the Premises as is reasonably practicalthat may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise xxxxx while said repairs, providedalterations, howeverimprovements, that Landlord and Tenant shall cooperate as to the timing and staging additions or restorations are being made, by reason of any such work. To the extent reasonably practicableloss or interruption of business of Tenant, any entry shall occur during normal business hoursor otherwise.

Appears in 1 contract

Samples: Xoom Inc

Access to Premises. 14.1 Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Leaseright, and to alterTenant shall permit Landlord, improve or repair the Premises or without any other portion of the Building. Landlord’s right same constituting an eviction and without incurring liability to enter the Premises shall include the right Tenant therefor, (a) to grant reasonable access to the Premises to governmental or utility employees. Landlord may install, erect, use and maintain scaffoldingmaintain, repair and replace pipes, ducts and conduits and other necessary structures in and through the Premises Premises; provided, however, that -------- ------- Landlord shall, to the extent reasonably practicable under the circumstances, disguise, conceal or any camouflage the pipes, ducts and conduits; (b) to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets or other portion public parts of the Building where reasonably required by the character of the work to be performed in making repairs or improvementsBuilding, provided that any such changes will not materially decrease the entrance useable square feet of the Premises; (c) to change the Building name or address; and (d) to impose such controls as it deems reasonably prudent with respect to access to the Premises shall not be blocked Building by Tenant's visitors. Landlord or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times and, where reasonably feasible, upon reasonable advance notice to Tenant, to examine the extent caused by Landlord’s negligence same, to show them to prospective or willful misconductexisting purchasers, Tenant waives any claim for damages for any injury mortgagees, lessors or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment lessees of the PremisesBuilding or space therein, any right and to abatement of Rentmake such decorations, repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions as Landlord may deem reasonably necessary or desirable to the Premises or portions thereof obtained to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or for the purpose of complying with laws, regulations or other requirements of government authorities and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the rent shall in no wise xxxxx while said repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord in accordance with this Section 21 may exhibit the Premises to prospective tenants thereof. If, during the last twelve (12) months of the Term, Tenant shall have abandoned the Premises and removed all or substantially all of Tenant's property therefrom, Landlord may immediately enter and alter. renovate and redecorate the Premises, without elimination or abatement of rent, or incurring liability to Tenant for any compensation, and such acts shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord constructive eviction and shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.have no effect upon this

Appears in 1 contract

Samples: Salon Internet Inc

Access to Premises. The Tenant shall permit the Landlord reserves for itself to erect, use and its agentsmaintain pipes, employees ducts, wiring and independent contractors conduits in and through the Premises. The Landlord or Landlord's agents shall have the right to enter the Premises upon at least twenty-four (24) hours prior notice (except for janitorial services or in case of an emergency in which case Landlord shall notify Tenant as promptly as possible) to enter upon the premises, to inspect the same, to perform janitorial and cleaning services and to make such repairs, alterations, improvements or additions to the premises or the Building as the Landlord may deem necessary or desirable, and the Landlord shall be allowed to take all material into and upon said demised premises that may be required therefor without the same constituting an eviction of the Tenant in whole or in part and the rent reserved shall in no wise xxxxx (except as provided in Section 10) while said repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenant, or otherwise. If the Tenant shall not be personally present to open and permit an entry into said demised premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or Landlord's agents may enter the same by a master key, or use reasonable force commensurate with the circumstances to enter the Premises, to supply any service to be provided by without rendering the Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, in the exercise of the rights herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenant therefor, to change the arrangement and/or location of entrances or passages, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the Building, and to close entrances, doors, corridors, elevators or other facilities. The Landlord shall not be liable to the Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley. Tenant shall permit Landlord and its agents, upon request, to enter and/or pass through the premises or any part thereof, at reasonable times during normal business hours to show the premises to holders of encumbrances on the interest of Landlord, or prospective purchasers, mortgagees, beneficiaries lessors or (no earlier than twelve (12) months prior tenants of the Building or any portion thereof. Landlord shall also have the right to enter and/or pass through the expiration premises, or any part thereof, at such times as such entry shall be required by circumstances of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair emergency affecting the Premises premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Lease (Option Care Inc/De)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors The Tenant shall permit the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises Premises. The Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of upon the Premises, any right to abatement of Rentinspect the same, and to make such decorations, repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions to the Premises or portions thereof obtained the Building as the Landlord may deem necessary or desirable, and the Landlord shall be allowed to take all material into and upon said Premises that may be required therefor without the same constituting an eviction of the Tenant in whole or in part and the rent reserved shall not abatx (xxcept as provided in Paragraph 10) while said decorations, repairs, alterations or improvements are being made, by Landlord in accordance with this Section 21 reason of loss or interruption of business of the Tenant, or otherwise. If the Tenant shall not be construed personally present to permit an entry into said Premises, when for any reason an entry therein shall be necessary or deemed to be desirable, the Landlord or Landlord's agents may enter the same by a forcible or unlawful entry intomaster key, or a detainer ofmay forcibly enter the same, without rendering the PremisesLandlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), or an eviction, actual or constructive, and without in any manner affecting the obligations and covenants of Tenant from the Premises or any portion thereofthis Lease. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, providedNothing herein contained, however, that shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and Tenant shall cooperate as without incurring any liability to the timing Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and staging doorways and corridors, elevators, stairs, toilets or public parts of the Building, and to close entrances, doors, corridors, elevators or other facilities. The Landlord shall not be liable to the Tenant for any such work. To expense, injury, loss or damage resulting from work done in or upon, or the extent reasonably practicableuse of, any entry shall occur during normal business hoursadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Lease Amendment Agreement (Mobius Management Systems Inc)

Access to Premises. 22.1 Upon reasonable notice to Tenant, Landlord reserves for itself and its agents, employees and independent contractors shall at all times have the right to enter the Premises upon at least twenty-four (24) hours notice all reasonable times to inspect the Premisessame, to supply any service to be provided by Landlord to TenantTenant hereunder, to show the Premises to prospective purchasers, mortgagees, beneficiaries mortgagees or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or and any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental , without abatement of Rent or utility employees. Landlord Additional Charges, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvementsperformed, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and further provided that there is no unreasonable interference with the business of TenantTenant shall not be interfered with unreasonably. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s Tenants business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, Premises or any other loss occasioned by Landlord’s exercise thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of its rights under this Section 21. Any the Premises, and any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform also have the right at any work pursuant time, without same constituting an actual or constructive eviction and without incurring any liability to this Section 21 in a manner designed Tenant therefor, to cause as little interference with Tenant’s use change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets and other public parts of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursBuilding.

Appears in 1 contract

Samples: Netgateway Inc

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Tenant shall permit Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of upon the Premises, any right to abatement of Rentinspect the same, to perform janitorial and cleaning services and to make such repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions to the Premises or portions thereof obtained the Building as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part and the rent reserved shall not abatx (xxcept as provided in Article 15) while said repairs, alterations, improvements, or additions are being made, by Landlord in accordance with this Section 21 reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be construed personally present to open and permit any entry into said Premises, at any time, when for any reason an entry therein shall be necessary or deemed to be permissible, Landlord or Landlord's agents may enter the same by a forcible or unlawful entry intomaster key, or a detainer ofmay forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the Premisesobligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or an evictionconstrued to impose upon Landlord any obligations, actual responsibility or constructiveliability whatsoever, for the care, supervision or repair of Tenant from the Premises Building or any portion part thereof, other than as herein provided. Landlord shall perform also have the right at any work pursuant time without the same constituting an actual or constructive eviction and without incurring any liability to this Section 21 in a manner designed Tenant therefor, to cause as little interference with Tenant’s use change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the Premises as is reasonably practicalBuilding, providedand to close entrances, howeverdoors, that corridors, elevators or other facilities. Landlord and shall not be liable to Tenant shall cooperate as to for any expense, injury, loss or damage resulting from work done in or upon, or the timing and staging of any such work. To the extent reasonably practicableuse of, any entry shall occur during normal business hoursadjacent or nearby building, land, street, or alley.

Appears in 1 contract

Samples: National Techteam Inc /De/

Access to Premises. Landlord reserves for itself and its Section 14.1. (A) Tenant shall permit Landlord, Landlord's agents, representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the extent caused by Landlord’s negligence or willful misconductsame, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right show them to abatement of Rentprospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoany other portion of the Building, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant which Tenant is obligated to make or perform under this Section 21 in Lease, or (iii) for the purpose of complying with any Requirements, a manner designed Superior Lease or a Mortgage, and Landlord shall be allowed to cause as little interference with Tenant’s use of take all material into and upon the Premises as is reasonably practical, provided, however, that Landlord may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Tenant the Fixed Rent (and any other item of Rental) shall cooperate as in no wise xxxxx (except to the timing and staging extent expressly set forth in Section 14.2 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of any such work. To the extent reasonably practicableloss or interruption of business of Tenant, any entry shall occur during normal business hoursor otherwise.

Appears in 1 contract

Samples: Focal Communications Corp

Access to Premises. Landlord reserves for itself and its Section 14.1 (A) Tenant shall permit Landlord, Landlord’s agents, representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord’s agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord’s agents, representatives, contractors, and employees may enter without prior notice to Tenant, provided that Landlord shall nevertheless endeavor to give such notice which may be reasonable under the circumstances), which notice may be oral, to examine the same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises (if in compliance with a Requirement or to fulfill an obligation to Tenant) or to any time on oral other portion of the Building or Building Systems, or (ii) which Landlord may, pursuant to Section 4.1 above, elect to perform following ten (10) days after notice. Except , except in the case of an emergency (in which event Landlord and Landlord’s agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefore without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall under no circumstances xxxxx (except to the extent caused expressly set forth in Section 10.1 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by Landlord’s negligence reason of loss or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with interruption of business of Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursotherwise.

Appears in 1 contract

Samples: Agreement of Lease (Learning Tree International Inc)

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Access to Premises. Landlord reserves for itself and its agentsSection 14.1 (A) Tenant shall permit Landlord, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right agents and public utilities servicing the Building to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesducts, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord’s agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees or lessees of the Building or space therein, and to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary to the extent caused by Landlord’s negligence Premises or willful misconductto any other portion of the Building, Tenant waives any claim for damages for any injury or inconvenience (ii) which Landlord may elect to or interference with perform following ten (10) days after notice following Tenant’s businessfailure to make or commence making and thereafter diligently prosecute to completion repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with all Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting a breach by Landlord of any loss provisions of occupancy this Lease, a breach of Tenant’s quiet enjoyment, an eviction or quiet enjoyment constructive eviction of the PremisesTenant in whole or in part, any right or a release of Tenant’s obligations to abatement of pay Fixed Rent, Escalation Rent, or any item of Rental, and except as expressly provided in Section 14.3 hereof, the Fixed Rent, Escalation Rent (and any other item of Rental) shall in no wise xxxxx while said repairs, alterations, improvements or additions are being made, by reason of loss occasioned by Landlord’s exercise or interruption of any business of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoTenant, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursotherwise.

Appears in 1 contract

Samples: www.sec.gov

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Tenant shall permit Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord its agents shall have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of upon the Premises, any right to abatement of Rentinspect the same, to perform janitorial and cleaning services and to make such decorations, repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions to the Premises or portions thereof obtained the Building as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no way xxxxx while said decorations, repairs, alterations, improvements, or additions are being made, by Landlord in accordance with this Section 21 reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be construed personally present to open and permit an entry into said Premises, at any time, when for any reason an entry therein shall be necessary or deemed to be permissible, Landlord or its agents may enter the same by a forcible or unlawful entry intomaster key, or a detainer of, may forcibly enter the Premises, without rendering Landlord or an evictionsuch agents liable therefore (if during such entry Landlord or its agents shall accord reasonable care to Tenant’s property), actual and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or constructiveconstrued to impose upon Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of Tenant from the Premises Building or any portion part thereof, other than as herein provided. Landlord shall perform also have the right at any work pursuant time, without the same constituting an actual or constructive eviction and without incurring any liability to this Section 21 in a manner designed Tenant therefor, to cause as little interference with Tenant’s use change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the Premises as is reasonably practicalBuilding, providedand to close entrances, howeverdoors, that corridors, elevators or other facilities. Landlord and shall not be liable to Tenant shall cooperate as to for any expense, injury, loss or damage resulting from work done in or upon, or the timing and staging of any such work. To the extent reasonably practicableuse of, any entry shall occur during normal business hoursadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Lease Agreement (Home School Holdings, Inc.)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors The Tenant shall permit the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and ------------------ maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises demised premises. The Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter upon the Premises at any time on oral notice. Except premises, to inspect the same, to perform janitorial and cleaning services and to make such decorations, repairs, alterations, improvements or additions to the extent caused by Landlord’s negligence premises, the Building or willful misconductthe Complex as the Landlord may deem necessary or desirable, Tenant waives any claim for damages for any injury or inconvenience and the Landlord shall be allowed to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment take all material into and upon said demised premises that may be required therefor without the same constituting an eviction of the PremisesTenant in whole or in part and the rent reserved shall in no way xxxxx (except as provided in section 13) while said decorations, any right to abatement of Rentrepairs, alterations, improvements, or any other additions are being made, by reason of loss occasioned by Landlord’s exercise or interruption of any business of its rights under this Section 21the Tenant, or otherwise. Any entry to If the Premises or portions thereof obtained by Landlord in accordance with this Section 21 Tenant shall not be construed personally present to open and permit an entry into said demised premises, at any time, when for any reason an entry therein shall be necessary or deemed to be permissible, the Landlord or Landlord's agents may enter the same by a forcible or unlawful entry intomaster key, or a detainer ofmay forcibly enter the same, without rendering the PremisesLandlord or such agents liable therefore (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property) , or an eviction, actual or constructive, and without in any manner affecting the obligations and. covenants of Tenant from the Premises or any portion thereofthis Lease. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, providedNothing herein contained, however, that shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building, the complex or any part thereof, other than as herein provided. The Landlord shall also have the right at any time, without the same constituting an actual or constructive eviction and Tenant shall cooperate as without incurring any liability to the timing Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and staging doorways, and corridors, elevators, stairs, toilets or public parts of the Building, and to close entrances, doors, corridors, elevators or other facilities. The Landlord shall not be liable to the Tenant for any such work. To expense, injury, loss or damage resulting from work done in or upon, or the extent reasonably practicableuse of, any entry shall occur during normal business hoursadjacent or nearby Building, land, street or alley, SEE RIDER SECTION 39.

Appears in 1 contract

Samples: Lease Agreement (Argosy Education Group Inc)

Access to Premises. Landlord reserves for itself and its Section 14.1. (A) Tenant shall permit Landlord, Landlord's agents, ------------- representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvementsPremises, provided that the entrance same does not result in a reduction (to more than a de minimis extent) in the rentable area of the Premises shall not be blocked or access interfered with therebya -- ------- material change in the layout of the Premises. Landlord, Landlord's agents, representatives, contractors, and that there is no unreasonable interference with employees and the business agents, representatives, contractors, and employees of Tenant. In public utilities servicing the event of an emergency, Landlord Building shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the extent caused by Landlord’s negligence or willful misconductsame, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right show them to abatement of Rentprospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoany other portion of the Building, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant which Tenant is obligated to make or perform under this Section 21 in Lease, or (iii) for the purpose of complying with any Requirements, a manner designed Superior Lease or a Mortgage, and Landlord shall be allowed to cause as little interference with Tenant’s use of take all material into and upon the Premises as is reasonably practicalthat may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise xxxxx while said repairs, providedalterations, howeverimprovements, that Landlord and Tenant shall cooperate as to the timing and staging additions or restorations are being made, by reason of any such work. To the extent reasonably practicableloss or interruption of business of Tenant, any entry shall occur during normal business hoursor otherwise.

Appears in 1 contract

Samples: Musicmaker Com Inc

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord 's agents shall have the right to enter the Premises at all times to examine them, to show them to prospective purchasers, mortgagees, lessors or lessees, and to make and perform such decorations, cleaning, maintenance, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable for the safety, improvement or preservation of the Premises or of other portions of the Building, without the same constituting an eviction of Tenant in whole or in part or entitling Tenant to any abatement of rent, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time on oral noticewhen for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the Premises by use of a master key, or in an emergency may forcibly enter the Premises, without rendering Landlord or Landlord's agents liable therefor (provided that during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Except Landlord shall have the right to erect, build, use and maintain unexposed pipes, ducts and conduits in and through the premises. If an excavation shall be made upon land adjacent to the extent caused by Landlord’s negligence Building or willful misconductany part thereof or shall be authorized to be made, Tenant waives shall afford to the person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as such person shall deem necessary to preserve the Building or any part thereof from injury or damage and to support any part thereof by proper foundations without any claim for damages for any injury or inconvenience to indemnity against Landlord or interference with Tenant’s business, any loss of occupancy diminution or quiet enjoyment of the Premises, any right to abatement of Rentrent. Notwithstanding anything to the contrary in this paragraph, Landlord agrees to use its best efforts not to interfere unreasonably with the Tenant or any other loss occasioned by the Tenant's business in the course of exercising its rights under this paragraph. In the event that Landlord’s 's exercise of any of its rights under this Section 21. Any entry to the Premises paragraph prevents Tenant from operating its business for three or portions thereof obtained by Landlord in accordance with more days (unless such exercise results from Tenant's action, breach of this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoLease, or a detainer of, negligence). Tenant shall be entitled to an abatement of rent until such time that Tenant is able to operate its business on the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Office Lease (Horizon Organic Holding Corp)

Access to Premises. Landlord reserves for itself and its agentsauthorized representatives shall, employees and independent contractors upon not less than two (2) days prior notice (except in emergencies, when no notice shall be required), have the right to enter upon the Demised Premises upon at least twenty-four (24) during all regular business hours notice to inspect for the Premises, to supply any service to be provided by Landlord to Tenant, purpose of inspecting or exhibiting the same to prospective purchasers, mortgageesmortgagees and, beneficiaries during the final Lease Year of the Term, as same may be extended, tenants. Landlord shall also have the right, upon not less than two (2) days prior notice (except in emergencies, to enter upon the Demised Premises during all regular business hours (and in emergencies at all times) for the purpose of making any repairs thereto or (thereon or to the building of which they form a part, as Landlord may deem necessary, and for any other lawful purpose; and in connection therewith, Landlord shall have the right to bring and store materials, tools and equipment in, through or above the Demised Premises that may be required therefor, without the same constituting an actual or constructive eviction of Tenant from the Demised Premises or any part thereof; provided, Landlord shall use reasonable effort not to disrupt the conduct of Tenant's business in the Demised Premises in exercising such rights. However, nothing herein shall be deemed to impose any duty upon Landlord to do any such work which, under any provisions of this Lease, Tenant shall be required to perform, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord in no earlier than event shall be liable for any inconvenience, disturbance, loss of business or other damages to Tenant by reason of the performance by Landlord of any work in, upon, above or under the Demised Premises, and the obligations of Tenant under this Lease shall not be affected thereby in any manner whatsoever. If Tenant or Tenant's employees shall not be personally present to permit an entry into the Demised Premises when an emergency or casualty occurs, Landlord may enter the same by the use of force or otherwise without rendering Landlord liable therefor and without in any manner affecting Tenant's obligations under this Lease. During the period commencing twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises Lease Term (or any other portion renewal term thereof), Landlord may place upon the exterior of the Building. Landlord’s right to enter the Demised Premises shall include the right to grant “For Lease”, “To Let” or “For Rent” signs of reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises size which shall not be blocked removed, obliterated or access interfered with thereby, and that there is no unreasonable interference with the business of hidden by Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Lease (Digital Cinema Destinations Corp.)

Access to Premises. Landlord reserves for itself Tenant shall permit Landlord, its agents and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premisesdesignees, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work and to be performed in making repairs or improvements, provided that the entrance have free access to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In any part thereof in the event of an emergency, . Landlord or Landlord's agents shall also have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of upon the Premises, any right to abatement of Rentinspect the same, to perform janitorial and cleaning services, and to make such decorations, repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions to the Premises or portions the Project as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required thereof obtained without the same constituting an eviction of Tenant in whole or in part, and the rent reserved shall in no way abate (except as provided in Sections 13 or 14 hereof) while said decxxxxxons, repairs, alterations, improvements, or additions are being made, by Landlord in accordance with this Section 21 reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be construed personally present to open and permit an entry into said Premises, at any time, when for any reason an entry therein shall be necessary or deemed to be permissible, Landlord or Landlord's agents may enter the same by a forcible or unlawful entry intomaster key, or a detainer ofmay forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the Premisesobligations and covenants of this Lease. Nothing contained in this Section 10, however, shall be deemed or an evictionconstrued to impose upon Landlord any obligations, actual responsibility or constructiveliability whatsoever for the care, supervision or repair of Tenant from the Premises Building or any portion part thereof, in the exercise of any rights herein provided. Landlord shall perform also have the right at any work pursuant time without the same constituting an actual or constructive eviction and without incurring any liability to this Section 21 in a manner designed Tenant therefor, to cause as little interference with Tenant’s use change the Arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the Premises as is reasonably practicalBuilding, providedand to close entrances, howeverdoors, that corridors, elevators or other facilities. Landlord and shall not be liable to Tenant shall cooperate as to for any expense, injury, loss or damage resulting from work done in or upon, or the timing and staging of any such work. To the extent reasonably practicableuse of, any entry shall occur during normal business hoursadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Asset Purchase Agreement (Biotel Inc.)

Access to Premises. Landlord reserves for itself and its Section 14.1 (A) Tenant shall permit Landlord, Landlord's agents, representatives, contractors and employees and independent the agents, representatives, contractors and employees of public utilities and telecommunications companies servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingconcealed ducts, exhausts, pipes, cables, risers and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities and telecommunications companies servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the extent caused by Landlord’s negligence or willful misconductsame, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right show them to abatement of Rentprospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may reasonably deem necessary to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoany other portion of the Building, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant which Tenant is obligated to make or perform under this Section 21 in Lease, or (iii) for the purpose of complying with any Requirements, a manner designed Superior Lease or a Mortgage, and Landlord shall be allowed to cause as little interference with Tenant’s use of take all material into and upon the Premises as is reasonably practical, provided, however, that Landlord may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Tenant the Fixed Rent (and any other item of Rental) shall cooperate as not xxxxx (except to the timing and staging extent expressly set forth in Section 14.2 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of any such work. To the extent reasonably practicableloss or interruption of business of Tenant, any entry shall occur during normal business hoursor otherwise.

Appears in 1 contract

Samples: PSW Technologies Inc

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors 13. Owner or Owner’s agents shall have the right (but shall not be obligated) to enter the Premises upon demised premises in any emergency at least twenty-four (24) hours notice to inspect the Premisesany time, and, at other reasonable times, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to examine the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, same and to altermake such repairs, improve or repair the Premises or replacements and improvements as Owner may deem necessary and reasonably desirable to any other portion of the Buildingbuilding, or which Owner may elect to perform in the demised premises after Tenant’s failure to make repairs, or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Landlord’s right Tenant shall permit Owner to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erectuse, use maintain and maintain scaffolding, replace pipes, ducts, and conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with therebydemised premises, and to erect new pipes, ducts and conduits therein provided, wherever possible, that there they are within walls or otherwise concealed. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction, nor shall Tenant be entitled to any abatement of rent while such work is no unreasonable interference with in progress, nor to any damages by reason of loss or interruption of business, or otherwise. Throughout the business of Tenant. In the event of an emergency, Landlord term hereof Owner shall have the right to enter the Premises demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six (6) months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefore, nor in any time event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation, and such act shall have no effect on oral noticethis lease or Tenant’s obligation hereunder. Except Vault, Vault Space, Area 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience contrary notwithstanding. Owner makes no representation as to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment the location of the Premisesproperty line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any right to abatement of Rentsuch license be revoked, or if the amount of such space or area be diminished or required by any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises federal, state or portions thereof obtained by Landlord in accordance with this Section 21 municipal authority or public utility, Owner shall not be construed subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed to constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be a forcible paid by Tenant, if used by Tenant, whether or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursnot specifically leased hereunder.

Appears in 1 contract

Samples: Twinlab Consolidated Holdings, Inc.

Access to Premises. Landlord reserves for itself Tenant shall permit Landlord, Landlord's agents and its agents, employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times to examine the same, to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, and to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the extent caused Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or for the purpose of complying with laws, regulations or other requirements of government authorities and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise abate while said decorations, repairs, alterations, improvements or xxxxxions are being made, by Landlord’s negligence reason of loss or willful misconductinterruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof, upon reasonable prior notice (which notice may be oral), during regular business hours. If, during the last twelve (12) months of the Term, Tenant waives any claim for damages for any injury shall have removed all or inconvenience to or interference with substantially all of Tenant’s business's property therefrom, any loss of occupancy or quiet enjoyment of Landlord may immediately enter and alter, renovate and redecorate the Premises, any right to without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other loss occasioned than as herein provided. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by Landlord’s exercise which the Building is commonly known. In addition, Tenant understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the building exterior facade and window glass, requiring access to the same from within the Premises), and that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of its rights under this Section 21the performance by Landlord of the aforesaid renovations of the Building. Any entry Tenant understands and agrees that all parts (except surfaces facing the interior. of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, part of the Premises, or an evictionand Landlord shall have the use thereof, actual or constructive, of Tenant from as well as access thereto through the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use for the purposes of the Premises as is reasonably practicaloperation, providedmaintenance, however, that Landlord alteration and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursrepair.

Appears in 1 contract

Samples: Bridgeline Software, Inc.

Access to Premises. Landlord reserves for itself The Tenant shall permit the Landlord, its agents and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premisesdesignees, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erectinstall, use and maintain scaffolding, pipes, ducts, wiring and conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work and to be performed in making repairs or improvements, provided that the entrance have free access to the Premises and any part thereof in the event of an emergency. The Landlord or Landlord's agents shall not be blocked have the right to enter upon the Premises, during usual business hours and upon prior notice to Tenant, to inspect the same, to perform janitorial and cleaning services and to make such repairs, improvements or access interfered with therebyadditions to are in the Premises as the Landlord may deem necessary. The Rent reserved shall in no way abatx (xxcept as provided in Section 14) while repairs, and that there is no unreasonable interference with the improvements, or additions are being made, by reason of loss or interruption of business of the Tenant. In , or otherwise; provided that except in the event case of an emergency, Landlord shall make reasonable effort to coordinate repairs with Tenant in an effort to minimize the impact of noise. If the Tenant shall not be personally present to open and permit an entry into said Premises, at any time when to an emergency an entry therein shall be necessary or permissible, the Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any separate obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, in the exercise of any rights herein provided. Provided that reasonable access to the Building and the Premises shall be maintained and the business of Tenant shall not be interfered with or disrupted unreasonably Landlord shall also have the right to enter the Premises at any time on oral notice. Except without the same constituting an actual or constructive eviction and without incurring any liability to the extent caused by Landlord’s Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the Building and to close entrances, doors, corridors, elevators or other facilities. The Landlord shall not be liable to the Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley, unless resulting from the gross negligence or willful misconduct, Tenant waives any claim for damages for any injury misconduct of Landlord or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursagents.

Appears in 1 contract

Samples: Asset Purchase Agreement (Spanish Broadcasting System of New York Inc)

Access to Premises. Landlord reserves for itself and its Section 14.1 (A) Tenant shall permit Landlord, Landlord's agents, ------------ representatives, contractors and employees and independent the agents, representatives, contractors and employees of public utilities and telecommunications companies servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingconcealed ducts, exhausts, pipes, cables, risers and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities and telecommunications companies servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may reasonably deem necessary to the Premises or to any other portion of the Building, or (ii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure within the applicable time on oral notice. Except or grace period to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part, provided Landlord utilizes not more than one hundred (100) square feet of contiguous space therefor, and the Fixed Rent (and any other item of Rental) shall not xxxxx (except to the extent caused expressly set forth in Section 14.2 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. With respect to any access required under this Section 14.1 (A), other than for the performance of work by Landlord by reason of clause (ii) above, Landlord’s negligence , at its expense, but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or willful misconductlabor at so-called overtime or other premium pay rates if necessary to make any repairs required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, Tenant waives (ii) threatens the health or safety of any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment occupant of the Premises, any right (iii) except in the case of a fire or other casualty, materially interferes with Tenant's ability to abatement of Rentconduct its business in the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other loss occasioned overtime costs or expense in making any repairs, alterations, additions or improvements, and Tenant shall pay to Landlord, as additional rent, within ten (10) Business Days after demand, an amount equal to the difference between the overtime or other premium pay rates and the regular pay rates for such labor and any other overtime costs or expenses so incurred. Except in the case of emergency or for the performance of work by Landlord’s exercise Landlord by reason of any of its rights clause (ii) above, no access under this Section 21. Any entry 14.1(A) shall be permitted to Tenant's trading room during the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of hours which Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursconducts its trading operations.

Appears in 1 contract

Samples: Knight Trimark Group Inc

Access to Premises. Landlord reserves for itself Tenant shall permit Landlord, Landlord's agents and its agents, employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice except in case of emergency to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the extent caused Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease upon ten (10) days prior written notice, or (iv) for the purpose of complying with laws, regulations or other requirements of government authorities. Landlord shall be allowed to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible subject to the terms and conditions of this Lease, Landlord or Landlord’s negligence 's agents may enter the same by a master key, or willful misconductmay, in an emergency, forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by which the Building is commonly known so long as Tenant continues to have access to the Premises. In addition, Tenant waives understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the Building exterior facade and window glass, requiring access to the same from within the Premises), and that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any claim abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for damages for any injury or inconvenience to or interference with Tenant’s businessshafts, any loss of occupancy or quiet enjoyment stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, any right to abatement and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of Rentoperation, or any other loss occasioned by Landlord’s maintenance, alteration and repair. Landlord shall, in the exercise of any of its rights under this Section 21. Any entry Article 14, use commercially reasonable efforts to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed minimize disturbance to be a forcible or unlawful entry into, or a detainer of, Tenant's use and occupancy of the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Nextvenue Inc

Access to Premises. Landlord reserves for itself and its agentsTenant shall permit Landlord, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right agents and public utilities servicing the Building to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord’s agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the extent caused Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or (iv) for the purpose of complying with laws, regulations or other requirements of government authorities; Landlord shall be allowed to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, alterations, improvements or additions are being made, by Landlord’s negligence reason of loss or willful misconductinterruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. If, during the last twelve (12) months of the Term, Tenant waives any claim for damages for any injury shall have removed all or inconvenience to or interference with substantially all of Tenant’s businessproperty therefrom, any loss of occupancy or quiet enjoyment of Landlord may immediately enter and alter, renovate and redecorate the Premises, any right to without elimination or abatement of Rent, or incurring liability to Tenant for any other loss occasioned by compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s exercise agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. In addition, Tenant understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the building exterior facade and window glass, requiring access to the same from within the Premises), and that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant’s business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of its rights under this Section 21the performance by Landlord of the aforesaid renovations of the Building. Any entry Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, part of the Premises, or an evictionand Landlord shall have the use thereof, actual or constructive, of Tenant from as well as access thereto through the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use for the purposes of the Premises as is reasonably practicaloperation, providedmaintenance, however, that Landlord alteration and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursrepair.

Appears in 1 contract

Samples: Agreement of Lease (Intralinks Inc)

Access to Premises. Landlord reserves for itself and its agentsSection 15.1. (a) Tenant shall permit Landlord, employees Landlord’s agents and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Leasecontractors, and public utilities servicing the Real Property to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant have reasonable access to the Premises roof for the purpose of maintenance, repair and replacement of same and to governmental or utility employeesaccess all Common Areas within the Real Property in connection therewith. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord’s agents shall have the right to enter the Premises at any time all reasonable times upon (except in case of emergency) reasonable prior notice, which notice may be oral, to examine the same, to show the same to prospective purchasers, Mortgagees or lessees of the Real Property or space therein, and to make such repairs, alterations, improvements or additions, all with as little interruption to Tenant's operation on oral notice. Except the Premises as reasonably possible (i) as Landlord may deem necessary or desirable to the roof (to the extent caused by Landlord’s negligence permitted or willful misconductrequired pursuant to this Lease), Tenant waives any claim for damages for any injury or inconvenience (ii) which Landlord may elect to or interference with perform at least ten (10) days after notice (except in an emergency when no notice shall be required) following Tenant’s businessfailure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, , including without limitation for the purpose of complying with Requirements, and Landlord shall be allowed to take all material, supplies and equipment into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Base Rent (and any loss other item of occupancy Rental) shall in no respect xxxxx or quiet enjoyment be reduced by reason of the Premisessaid repairs, any right to abatement of Rentalterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall promptly repair any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry damage caused to the Premises or portions thereof obtained Tenant's Property by Landlord in accordance with this Section 21 shall not such work, alterations, improvements or additions, except as may be construed necessary as a result of the negligent or deemed to be a forcible willful acts or unlawful entry intoomissions of Tenant. Tenant shall, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with at Tenant’s use cost, take such action as may be reasonably necessary to grant to Landlord, its agents and independent contractors clearance and access by means of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to Security System for the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hourspurposes herein set out.

Appears in 1 contract

Samples: Agreement of Lease (Wright Medical Group Inc)

Access to Premises. Tenant shall (i) upon prior oral notice (except that no notice shall be required in emergency situations), permit Landlord reserves and any mortgagee of the Premises or of the interest of Landlord therein, and their representatives, to have access to, and to enter upon, the Premises at all reasonable hours for itself the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or equipment (including, without limitation, sanitary, electrical, heating, air-conditioning or other systems) or of complying with all laws, orders and its agents, employees and independent contractors requirements of governmental or other authority or of exercising any right of Landlord under this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to enter take upon or through, or to keep and store within, the Premises upon all necessary materials, tools and equipment); and (ii) permit Landlord, at reasonable times, to show the Premises during ordinary business hours to any existing or prospective mortgagee, ground lessor, purchaser, or assignee of any mortgagee, of the Premises or of the interest of Landlord therein, and during the last nine (9) months of the term, to any prospective space lessee. In non-emergency situations, such oral notice shall be given at least twenty-four one (241) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months business day prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenantproposed entry. In the event of an emergencyemergency situations, even though no notice is required, Landlord nevertheless shall make a reasonable effort to give Tenant notice before entering. Tenant shall have the right to enter have a representative present during any proposed entry by Landlord, except in emergency situations. If Tenant shall not be personally present to open and permit an entry into the Premises at any time on oral noticewhen for any reason an entry therein shall be permitted by the provisions of this Lease, Landlord or Landlord's agents, after taking reasonable efforts to notify Tenant, may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents use reasonable care with respect to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Except Landlord shall exercise its rights of access to the Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or practicable interference with Tenant’s business, any loss of 's use and occupancy or quiet enjoyment of the Premises. If, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise as a result of any of its rights under Landlord's activities described in this Section 21. Any entry 9.02, Tenant is unable to the Premises use five (5) or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intomore of its loading docks, or twenty-five thousand (25,000) square feet or more of its Premises for five (5) consecutive business days or more, a detainer ofjust and proportionate part of the Rent, based on the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as rendered unusable, shall be suspended and abated from such fifth (5th) business day until such use is reasonably practicalrestored. Neither Landlord, providednor its agents, howeverservants, that or employees shall be under any duty to inspect the Premises (other than the roof and the structural elements) during Tenant's occupancy thereof unless and until Tenant has notified Landlord and Tenant shall cooperate as to in writing of the timing and staging need of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursrepairs for which Landlord is responsible.

Appears in 1 contract

Samples: Lease Agreement (Cosmetic Center Inc)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right shall have access to enter the Premises at all reasonable times, upon at least twenty-four reasonable prior notice, to: (24a) hours notice to inspect the Premises; (b) exhibit the Premises to prospective purchasers, to lenders or, during the final nine months of the Term or at a time when an Event of Default exists, prospective tenants; (c) determine whether Tenant is complying with its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or Tenant hereunder; (no earlier than twelve (12e) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibilitynon-responsibility; (f) make repairs required of Landlord hereunder or repairs to any adjoining space or utility services or make repairs, alterations or improvements to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the BuildingProject, provided, however, that all such work shall be done in a commercially reasonable and prompt manner, or (g) exercise any of its rights hereunder including, without limitation, its cure rights under Section 17.1. LandlordAll such access rights shall be subject to Tenant’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employeessecurity and confidentiality requirements. Landlord may erectmay, use and maintain scaffoldingin order to carry out such purposes, pipes, conduits erect scaffolding and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed, and during the course of work being performed in making repairs or improvementskeep and store upon the Premises all necessary material, supplies, and equipment, provided that the entrance to the Premises business of Tenant shall not be blocked or access interfered adversely affected. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with therebywhich to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, if any. No additional locks shall be placed by Tenant upon any doors in the Premises and if more than two keys for any lock are desired, such additional keys shall be paid for by Tenant. All keys shall be duplicated only by Landlord, and that there is under no unreasonable interference with the business of Tenantcircumstance shall Tenant cause any key to be duplicated. In the event of an emergency, Landlord shall have the right to enter the Premises at use any time on oral notice. Except and all means which Landlord may deem proper to the extent caused by Landlord’s negligence open said doors in an emergency or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience in re-taking possession in order to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of obtain entry to the Premises, and any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 by any of said means, or otherwise, shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, eviction of Tenant from the Premises or any portion thereof. Landlord , and any damages caused on account thereof shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with be paid by Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Lease Agreement (Ampio Pharmaceuticals, Inc.)

Access to Premises. Landlord reserves for itself Tenant shall permit Landlord, Landlord's agents and its agents, employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on all reasonable times after reasonable prior notice (which may be oral notice. Except or telephonic, except in the event of an emergency in which case no such notice shall be required) to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the extent caused Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or (iv) for the purpose of complying with laws, regulations or other requirements of government authorities; Landlord shall be Allowed to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, alterations, improvements or additions are being made, by Landlord’s negligence reason of loss or willful misconductinterruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof upon reasonable prior notice to Tenant (which may be oral or telephonic). If, during the last four (4) months of the Term, Tenant waives any claim for damages for any injury shall have removed all or inconvenience to or interference with substantially all of Tenant’s business's property therefrom, any loss of occupancy or quiet enjoyment of Landlord may immediately enter and alter, renovate and redecorate the Premises, any right to without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall, be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, or the care, supervision or repair of the Building or any part thereof, other loss occasioned than as herein provided. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by Landlord’s exercise which the Building is commonly known. In addition, Tenant understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the building exterior facade and window glass, requiring access to the same from within the Premises), and that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (PROVIDED that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Notwithstanding anything to the contrary contained in this Lease, in the exercise of its rights under this Section 21. Any entry Article 14, Landlord agrees to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed use reasonable efforts to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little minimize material interference with the conduct of Tenant’s use of the Premises as is reasonably practical's business (PROVIDED, provided, howeverHOWEVER, that nothing contained herein shall require Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursemploy labor on an overtime or premium-pay basis).

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

Access to Premises. Landlord reserves for itself Tenant shall permit Landlord, Landlord's agents and its agents, employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice except in case of emergency to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the extent caused Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease upon ten (10) days prior written notice, or (iv) for the purpose of complying with laws, regulations or other requirements of government authorities. Landlord shall be allowed to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible subject to the terms and conditions of this Lease, Landlord or Landlord’s negligence 's agents may enter the same by a master key, or willful misconductmay, in an emergency, forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by which the Building is commonly known so long as Tenant continues to have access to the Premises. In addition, Tenant waives understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the Building exterior facade and window glass, requiring access to the same from within the Premises), and that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any claim abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for damages for any injury or inconvenience to or interference with Tenant’s businessshafts, any loss of occupancy or quiet enjoyment stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, any right to abatement and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of Rentoperation, or any other loss occasioned by Landlord’s maintenance, alteration and repair. Landlord shall, in the exercise of any of its rights under this Section 21. Any entry Article 14, use commercially reasonable efforts to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed minimize disturbance to be a forcible or unlawful entry into, or a detainer of, Tenant's use and occupancy of the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Lease Agreement (Talkpoint Communications Inc)

Access to Premises. Landlord reserves for itself and Tenant agrees that Landlord, its agents, employees and independent contractors servants and any other person authorized by Landlord, may enter the Premises for the purpose of inspecting and making such repairs (structural or otherwise), additions, improvements, changes or alterations to the Premises or the Building in which the Premises are located as may be required under this Lease or as Landlord may elect, and to exhibit the same to prospective purchasers or mortgagees of the Project or part thereof, and to prospective tenants. Tenant grants to Landlord the right to enter place in and upon the Premises upon at least twenty-four (24) hours notice such places as Landlord may determine "for rent" signs or notices during the last 90 days of the term hereof and Tenant undertakes and agrees that neither Tenant nor any person within Tenant's control will remove or interfere with such signs or notices. Any entry into, inspection of or repairs, additions, improvements, changes or alterations to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter Building in which the Premises are located by Landlord pursuant to this Article 19 shall include not constitute an eviction of Tenant in whole or in part and the right to grant reasonable access Rent payable hereunder reasonably shall not xxxxx (to the Premises extent that such work materially interferes with Tenant's ability to governmental operate in the Premises) while such work is being done by reason of loss or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion interruption of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of TenantTenant or otherwise. In the event of an emergencyany such repairs, additions, improvements, changes or alterations, Tenant shall, at Tenant's sole cost and expense, remove promptly Tenant's fixtures, equipment, inventory and other property to the extent required to enable Landlord to make such repairs, additions, improvements, changes or alterations. If Tenant or Tenant's agents or employees shall have the right not be present to enter permit entry into the Premises at any time on oral notice. Except to and for any reason entry therein shall be necessary or permissible under this Lease, Landlord or Landlord's agents or employees may enter the extent Premises by forcible entry without liability therefor and without terminating this Lease or in any manner affecting the obligations, covenants, terms or conditions herein contained, provided that Landlord shall repair any damage caused by Landlord’s negligence such forcible entry. Nothing herein contained, however, shall be deemed or willful misconductconstrued to impose upon Landlord any obligation or liability whatsoever for care, Tenant waives any claim for damages for any injury supervision, repair, improvements, additions, change or inconvenience to or interference with Tenant’s business, any loss alteration of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord the Building in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from which the Premises are located or any portion thereof. Landlord shall perform any work pursuant to part thereof other than as expressly provided in this Section 21 in a manner designed to cause as little interference with Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursLease.

Appears in 1 contract

Samples: Asset Purchase Agreement (Restaurant Teams International Inc)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under Except as otherwise circumscribed in this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises Tenant ------------------ shall include the right to grant reasonable be granted access to the Premises on a 24 hour, seven days a week, 365 days a year basis. Tenant shall permit Landlord, Landlord's agents and public utilities servicing the Building to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times to examine the same, to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, and to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the extent caused Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or for the purpose of complying with laws, regulations or other requirements of government authorities and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while said decorations, repairs, alterations, improvements, or additions are being made, by Landlord’s negligence reason of loss or willful misconductinterruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective Tenants thereof. If, during the last twelve (12) months of the Term, Tenant waives any claim for damages for any injury shall have removed all or inconvenience to or interference with substantially all of Tenant’s business's property therefrom, any loss of occupancy or quiet enjoyment of Landlord may immediately enter and alter, renovate and redecorate the Premises, any right to without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, in the event of an emergency, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other loss occasioned than as herein provided. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by Landlord’s exercise which the Building is commonly known. In addition, Tenant understands and agrees that Landlord intends to perform substantial renovation work in and to the public parts of the Building and the mechanical systems serving the Building (which work may include the replacement of the building exterior facade and window glass, requiring access to the same from within the Premises), and that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of its rights under this Section 21the performance by Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purpose of operation, maintenance, alteration and repair. Any entry to upon the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform its agents and any work performed by Landlord or its agents therein pursuant to this Section 21 Article or any other provision of this Lease shall only be effected after reasonable prior notice to Tenant (which may be telephonic) except in a the case of an emergency and shall be performed in such manner designed as to cause as little interference with Tenant’s use of the Premises disturbance as is reasonably practical, provided, however, possible to Tenant without any requirement that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hoursutilize overtime or premium pay labor.

Appears in 1 contract

Samples: Agreement of Lease (Global Broadcasting Systems Inc/Fa)

Access to Premises. Landlord reserves for itself and its Section 14.1.(A) Tenant shall permit Landlord, Landlord's agents, representatives, contractors and employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingmaintain, pipesconcealed ducts, pipes and conduits and other necessary structures in and through the Premises or any other portion Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises (except Secure Areas) at any time on oral notice. Except to all reasonable times upon reasonable prior notice (except in the extent caused case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter the Premises (including the Secure Areas, provided Landlord, Landlord's agents, representatives, contractors and employees are accompanied into the Secure Areas by Landlord’s negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment a member of the PremisesFire Department or Police Department) without prior notice to Tenant and without being accompanied by a representative of Tenant), any right which notice may be oral, to abatement of Rentexamine the same, to show them to prospective purchasers, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry intoany other portion of the Building, or a detainer of(ii) which Landlord may elect to perform following ten (10) days after notice, except in the Premisescase of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant which Tenant is obligated to make or perform under this Section 21 in Lease, or (iii) for the purpose of complying with any Requirements, a manner designed Superior Lease or a Mortgage, and Landlord shall be allowed to cause as little interference with Tenant’s use of take all material into and upon the Premises as is reasonably practical, provided, however, that Landlord may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Tenant the Fixed Rent (and any other item of Rental) shall cooperate as in no wise abatx (xxcept to the timing and staging extent expressly set forth in Section 14.2 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of any such work. To the extent reasonably practicableloss or interruption of business of Tenant, any entry shall occur during normal business hours.or otherwise For purposes hereof, "

Appears in 1 contract

Samples: Agreement of Lease (Fibernet Telecom Group Inc\)

Access to Premises. Landlord reserves for itself and its agentsTenant shall permit Landlord, employees and independent contractors the right to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right agents and public utilities servicing the Building to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, construct, use and maintain scaffoldingmaintain, concealed ducts, pipes, conduits conduits, supports, beams and other necessary structures wiring, in and through the Premises as Landlord may deem reasonably necessary or desirable for the Premises or for any other portion of the Building where reasonably required by which do reduce the character useable areas or efficiency of the work Premises, other than to be performed in making repairs or improvements, provided that the entrance a de minimis extent. Upon 72 hours prior notice to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord or Landlord’s agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times accompanied by a representative of Tenant (i) to examine the extent caused by Landlord’s negligence same, (ii) to show them to prospective purchasers, mortgagees or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment lessees (during the last 6 months of the Premisesterm hereof) of the Building or space therein, any right (iii) to abatement of Rentmake such repairs, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry as Landlord may deem reasonably necessary, to the Premises or portions thereof obtained to any other portion of the Building as may be required by Landlord in accordance to make under the terms of this Lease, (iv) to make such decorations, repairs, alterations, improvements or additions therein, which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, after applicable notice and cure periods or (v) to make such decorations, repairs, alterations, improvements or additions as may be required for the purpose of complying with this Section 21 shall not be construed laws, regulations or deemed other requirements of government authorities or insurance bodies having jurisdiction over the Premises or the Building. In connection with the work to be a forcible performed pursuant to clauses (i), (ii), (iii) or unlawful entry into(v) above, or a detainer ofLandlord agrees to use commercially reasonable efforts, without being required to use overtime labor, to minimize any interference with the conduct of Tenant’s business on the Premises, and shall be allowed to take all material and equipment into and upon the Premises that may be required therefor without the same constituting an eviction or an eviction, actual or constructive, constructive eviction of Tenant from in whole or in part and the Premises Rent shall in no wise xxxxx while said decorations, repairs, alterations, improvements, or any portion thereof. additions are being made, by reason of loss or interruption of business of Tenant, or otherwise, and Landlord shall perform any carry out such access and/or work pursuant promptly and diligently; shall consult with Tenant and shall make reasonable efforts to this Section 21 schedule such work in a manner designed manner, and in such locations, as to cause as little create the least practicable interference with Tenant and/or Tenant’s use of the Premises as is reasonably practicalPremises, providedbusiness operations, ingress and egress and/or signage. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, without rendering Landlord or such agents liable therefore if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property, and without in any manner affecting the obligations and covenants of this Lease. Nothing contained in this Article 24, however, that shall be deemed or constructed to impose upon Landlord and Tenant any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as provided in this Lease. Landlord shall cooperate as also have access at all times during the Term of this Lease over the stairwells shown on Exhibit A, for access to Landlord’s portion of the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hourscellar not demised hereunder.

Appears in 1 contract

Samples: Commencement Date Agreement (SoulCycle Inc.)

Access to Premises. Landlord reserves for itself Section 14.1 Tenant shall permit Landlord, Landlord's agents and its agents, employees and independent contractors public utilities servicing the right Building to enter the Premises upon at least twenty-four (24) hours notice to inspect the Premises, to supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or (no earlier than twelve (12) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffoldingconcealed ducts, pipes, pipes and conduits and other necessary structures in and through the Premises Premises. Landlord or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord Landlord's agents shall have the right to enter the Premises at any time on oral notice. Except all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the extent caused by Landlord’s negligence same, to show them to prospective purchasers, Mortgagees, Superior Lessors or willful misconduct, Tenant waives any claim for damages for any injury lessees of the Building and their respective agents and representatives or inconvenience to or interference with Tenant’s business, any loss (during the last twelve (12) months of occupancy or quiet enjoyment the Term) prospective tenants of the Premises, any right and to abatement of Rentmake such repairs, alterations, improvements or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry additions (a) as Landlord may deem necessary to the Premises or portions thereof obtained by to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease after expiration of any applicable notice and cure periods, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be reasonably required therefor without the same constituting an eviction or constructive eviction of Tenant in accordance with this Section 21 shall whole or in part and Fixed Rent and Additional Rent will not be construed abated while said repairs, alterations, improvements or deemed to be a forcible additions are being made, by reason of loss or unlawful entry intointerruption of business of Tenant, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereofotherwise. Landlord shall perform use reasonable efforts to minimize the duration thereof and interference by reason thereof with Tenant's access to and use and occupancy of the Premises in making any work repairs, alterations, additions or improvements pursuant to this Section 21 14.1, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, unless Tenant shall first pay to Landlord Landlord's reasonable estimate of all incremental cost increases to do so. In such event Tenant shall pay, as Additional Rent upon presentation of appropriate invoices, all additional costs incurred by Landlord in a manner designed connection therewith. Notwithstanding the foregoing, as to cause as little interference with Tenant’s use any rights exercised by Landlord to make repairs, alterations, conditions and improvements within the Premises, Landlord agrees that such exercise shall not affect the layout or reduce the floor area of the Premises as is reasonably practicalPremises, provided, however, that except to a de minimis extent. Landlord shall promptly repair and Tenant shall cooperate as restore any damage to the timing Premises, including Tenant's Alterations or Tenant's Property, caused by such exercise of Landlord's rights, at Tenant's sole cost and staging of expense (if such exercise was in response to any such work. To the extent reasonably practicableact or omission constituting a default by Tenant), any entry shall occur during normal business hoursor at Landlord's sole cost and expense (in all other cases).

Appears in 1 contract

Samples: Agreement of Lease (Barnesandnoble Com Inc)

Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right shall have access to enter the Premises upon at least twenty-four all reasonable times and after reasonable notice (24expect in the event of an emergency) hours notice to to: (a) inspect the Premises; (b) exhibit the Premises to prospective purchasers, to lenders or tenants; (c) determine whether Tenant is complying with its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant, to prospective purchasers, mortgagees, beneficiaries or Tenant hereunder; (no earlier than twelve (12e) months prior to the expiration of this Lease) tenants, to post notices of nonresponsibilitynon-responsibility; (f) make repairs required of Landlord hereunder or repairs to any adjoining space or utility services or make repairs, alterations or improvements to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises Project, provided, however, that all such work shall include the right to grant be done in a commercially reasonable access to the Premises to governmental and prompt manner, or utility employees(g) exercise any of its rights hereunder including, without limitation, its cure rights under Section 17.1. Landlord may erectmay, use and maintain scaffoldingin order to carry out such purposes, pipes, conduits erect scaffolding and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed, and during the course of work being performed in making repairs or improvementskeep and store upon the Premises all necessary material, supplies, and equipment, provided that the entrance business of Tenant shall be interfered with as little as is reasonably practicable. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, if any. No additional locks shall be placed by Tenant upon any doors in the Premises and if more than two keys for any lock are desired, such additional keys shall not be blocked or access interfered with therebypaid for by Tenant. All keys shall be duplicated only by Landlord, and that there is under no unreasonable interference with the business of Tenantcircumstance shall Tenant cause any key to be duplicated. In the event of an emergency, Landlord shall have the right to enter the Premises at use any time on oral notice. Except and all means which Landlord may deem proper to the extent caused by Landlord’s negligence open said doors in an emergency or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience in re-taking possession in order to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of obtain entry to the Premises, and any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 by any of said means, or otherwise, shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, eviction of Tenant from the Premises or any portion thereof. Landlord , and any damages caused on account thereof shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with be paid by Tenant’s use of the Premises as is reasonably practical, provided, however, that Landlord and Tenant shall cooperate as to the timing and staging of any such work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 1 contract

Samples: Lease Agreement (ACON S2 Acquisition Corp.)

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