CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises: (a) To name the Building and Project and to change the name or street address of the Building or Project; (b) To install and maintain all signs on the exterior and interior of the Building and Project; (c) To have pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys; (d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and (e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry. 15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent and any other claim:
(a) 21.1 To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
(b) 21.2 To install install, affix and maintain any and all signs on the exterior and on the interior of the Building.
21.3 To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the location or configuration of the common areas), in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, upon five (5) days' prior notice (except in an emergency), and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable.
21.4 To furnish door keys or other entry device for the entry door(s) in the Premises at the commencement of the Term and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord or Landlord's designee additional duplicate keys as required, to change no locks, and to affix no locks on doors without the prior written consent of the Landlord. Notwithstanding the provisions for Landlord's access to Premises, Tenant relieves and releases the Landlord of all responsibility to Tenant arising out of theft, robbery, pilferage and personal assault. Upon the expiration of the Term or of Lessee's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
21.5 To designate and approve all window coverings used in the Building.
21.6 To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord. Tenant's movements of property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
(c) 21.7 To have pass keys establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours.
21.8 To regulate delivery and service of supplies in order to maintain the cleanliness and security of the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, Building and to show the Premises to any prospective purchaser or mortgagee avoid congestion of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators.
21.9 To show the Premises to prospective tenants thereof; with prior verbal notice at reasonable hours during the last twelve months of the Term and, if the Premises have been vacated or abandoned, to show the Premises at any time to prospective tenants with prior verbal notice (if Tenant has left a notice address).
(e) 21.10 To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations, provided such pipes, ducts, wiring and conduits do not materially and adversely affect the use of the Premises or are unnecessarily obtrusive.
21.11 To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements at any reasonable time to inspect the Premises after reasonable notice to Tenant.
21.12 To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building. If Landlord elects to make available to tenants in the Building (including, without limitation, checking, calibrating, adjusting any services or balancing controls and other parts of supplies in connection with the HVAC system), and to take all steps as may be necessary or desirable for the safety, protectionoperation, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement repair of the Building or in order to comply with lawsthe Systems and Equipment, orders or requirements of governmental or other authority. Landlord arranges a master contract therefor, Tenant agrees to use obtain its best efforts (except in requirements, if any, therefor from Landlord or under any emergency) such contact, provided that the charges therefor are reasonable. Notwithstanding the foregoing, if Landlord retains ABMI, Inc. to minimize interference provide services to the Building, so long as such company is affiliated with a major competitor of Tenant’s business in , Tenant shall have the right to exclude such company from the Premises in by notice to Landlord, which notice shall contain Tenant's agreement to provide such services to the course of any such entry.
15.2 The Landlord reserves the right in Premises at its sole cost and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Projectexpense.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing damage or injury to property, persons or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession or giving rise to any claim for set-off or abatement of the Premisesrent:
(a) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
(b) To install install, affix and maintain any and all signs on the exterior and interior of the Building and Project;Building.
(c) To have pass keys designate and approve, prior to the Premises installation, all types of window shades, blinds, drapes, awnings, window ventilators and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible forother similar equipment, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result to control all internal lighting that may be visible from the exterior of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;Building.
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the PremisesTo retain at all times, and to show use in appropriate instances, keys to all doors within and into the Premises to any prospective purchaser Leased Premises. No locks shall be changed or mortgagee added without the prior written consent of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and.
(e) To enter the Premises for the purpose of making inspections, decorate and to make repairs, alterations, additions additions, changes or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Leased Premises and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the Leased Premises are reasonably accessible.
(f) To have and retain a paramount title to the Leased Premises free and clear of any act of Tenant purporting to burden or encumber them.
(g) To prohibit the placing of vending or dispensing machines of any kind in or about the Leased Premises without the prior written permission of Landlord.
(h) To have access for Landlord and other tenants of the Building to any mail chutes located on the Leased Premises according to the rules of the United States Postal Service.
(includingi) To take all such reasonable measures as Landlord may deem advisable for the security of the Building and its occupants, including without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order to comply with lawsfor drill purposes, orders or requirements the temporary denial of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes access to the Common Areas Building and the closing of the Building after regular working hours, i.e., 8 a.m. to 6 p.m. on business days and on Saturdays, Sundays and legal holidays, subject, however, to Tenant’s Pro Rata Share with respect 's right to admittance when the ProjectBuilding is closed after regular working hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example but not of limitation, that persons entering or leaving the Building, whether or not during regular working hours, identify themselves to a security officer by registration or otherwise and that said persons establish their right to enter or leave the Building.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without liability to Tenant for (1) causing damage or injury to property, persons or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
(a) To name the Building and Project and to change the Building’s name or street address if required by any law, code, ordinance, rule, regulation or requirement of the Building any State, County, Municipal or Project;other governmental authority, agency, department, council, commission or board.
(b) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;Building.
(c) To have pass keys decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Premises Building, or any part thereof, and all doors within for such purposes to enter upon the Premises, excluding and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s vaults and safesobligations hereunder, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant so long as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;are reasonably accessible and usable.
(d) At any time during the TermTo retain at all times, and on reasonable prior notice to Tenantuse at appropriate instances, keys to inspect all doors within and into the Premises. Notwithstanding the provisions for Landlord’s access to portions of the Premises, Tenant relieves and releases Landlord of all responsibility arising out of theft, robbery and pilferage, except for Landlord’s gross negligence or willful misconduct. Upon the expiration of the Term or of Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(e) To designate that window treatments shall consist of Building standard blinds and to designate and approve, prior to installation, all types of additional window shades, blinds or draperies.
(f) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building (so as not to exceed the legal live load per square foot designated by the structural engineers for the Building), and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building.
(g) To close the Building after regular working hours and on Saturdays, Sundays and legal holidays subject, however, to Tenant’s right to admittance to the Premises under such regulations as Landlord may prescribe from time to time, which may include but shall not be limited to, a requirement that persons entering or leaving the Building identify themselves to a watchman by registration or otherwise and establish their right to enter or leave the Building. Such regulations may include, but shall not be limited to, the requiring of identification from Tenant’s employees, agents, clients, customers, invitees, visitors and guests.
(h) To establish controls for the purpose of regulating all property and packages (both personal and otherwise) to be moved into or out of the Building and Premises.
(i) To regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and to avoid congestion of the loading docks, receiving areas and freight elevators.
(j) To show the Premises to any prospective purchaser buyers, mortgagees or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and ground lessors at reasonable hours during the last six months of the Term, to show the Premises to prospective tenants thereof; at reasonable hours during the last twelve (12) months of the Term, and
(e) To enter , if vacated or abandoned, to show the Premises at any time and to prepare the Premises for the purpose of making inspectionsre-occupancy.
(k) To erect, repairsuse, alterationsmaintain and repair pipes, additions or improvements to ducts, wiring and conduits, and appurtenances thereto, in and through the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryat reasonable locations.
15.2 The Landlord reserves (l) To alter and/or temporarily close the right in its sole common areas and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Projectparking area.
(m) To designate exclusive parking spaces.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice, without liability for damage or injury to Tenant for (1) causing property, person or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises or giving rise to any claim for set-off, abatement of Rent or otherwise:
(a) A. To name the Building and Project and to change the Building's name or street address. In the event Landlord changes the address or name of the Building or Project;Building, Landlord shall reimburse Tenant's reasonable costs for replacement of Tenant's letterhead, envelopes, and business cards then on hand.
(b) B. To install affix, maintain and maintain remove any and all signs on the exterior and interior of the Building Building.
C. To designate and Project;
(c) To have pass keys approve, prior to installation, all window shades, blinds, drapes, awnings, window ventilators, lighting and other similar equipment to be installed by Tenant that may be visible from the exterior of the Premises or the Building.
D. To decorate and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, make repairs, alterations, additions and improvements, whether structural or improvements otherwise, in, to and about the Building and any part thereof, and for such purposes to enter the Premises, and, during the continuance of any such work, to close temporarily doors, entry ways, Common Areas in the Building and to interrupt or temporarily suspend Building services and facilities, all without affecting Tenant's obligations hereunder, as long as the Premises or the Building (includingremain tenantable, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps provided that Landlord gives Tenant such notice as may be necessary required by Section 11 hereof and that there is no unreasonable interference with Tenant's access to or desirable for the safety, protection, maintenance or preservation use of the Premises.
E. To grant to anyone the exclusive right to conduct any business or render any service in the Building, provided Tenant is not thereby excluded from uses expressly permitted herein.
F. To alter, relocate, reconfigure and reduce the Common Areas of the Building, as long as the Premises or the Building or Landlord’s interest thereinremain reasonably accessible, or provided that Landlord gives Tenant such notice as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize required by Section 11 hereof and that there is no unreasonable interference with Tenant’s business in 's access to or use of the Premises in the course of any such entryPremises.
15.2 The Landlord reserves the right in its sole G. To alter, relocate, reconfigure, reduce and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to withdraw the Common Areas located outside the Building, including parking and access roads, as long as the Premises remain reasonably accessible.
H. To erect, use and maintain pipes and conduits in and through the Premises, provided that Landlord gives Tenant such notice as may be required by Section 11 hereof and that there is no unreasonable interference with Tenant’s Pro Rata Share with respect 's access to or use of the ProjectPremises.
Appears in 1 contract
Sources: Lease Agreement (Hagler Bailly Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice, and without liability to Tenant for (1) causing an actual damage or constructive eviction from the Premisesinjury to property, person, or (2) disturbing business, and without effecting an eviction, constructive or actual, or disturbance of Tenant’s 's use or possession or giving rise to any claim for setoff or abatement of the Premisesrent:
(a) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
(b) To install install, affix, and maintain any and all signs on the exterior and interior of the Building and Project;Building.
(c) To have pass keys designate and approve, prior to the Premises and installation, all doors within the Premisestypes of window shades, excluding Tenant’s vaults and safesblinds, provided, however, Landlord shall be responsible fordrapes, and reimburseother similar equipment, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result to control all internal lighting that may be visible from the exterior of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;Building.
(d) At any time during the TermTo designate, restrict, and on reasonable prior notice control all sources from which Tenant may obtain ice, drinking water, towels, toilet supplies, shoe shining, catering, food and beverages, or like or other services to Tenant, to inspect the Premises, and, in general, to reserve to Landlord the exclusive right to designate, limit, restrict, and to show the Premises to control any prospective purchaser or mortgagee of the Project, business and any service in or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, Building and during the last six months of the Term, to its tenants.
(e) To show the Premises to prospective tenants thereof; at reasonable hours during the last twelve (12) months of the Term and
(e) To enter , if vacated during such period, to decorate, remodel, repair, and otherwise prepare the Premises for reoccupancy without affecting Tenant's obligation to pay rent.
(f) To retain at all times, and to use in appropriate instances, keys to all doors within and into the purpose Premises. No locks shall be changed without the prior written consent of making inspections, Landlord.
(g) To decorate or to make repairs, alterations, additions additions, or improvements improvements, whether structural or otherwise, in and about the Building or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of said work, to temporarily close doors, entryways, public space, and corridors in the Building and to interrupt or temporarily suspend Building services and facilities, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible.
(h) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it.
(i) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(j) To approve the weight, size, and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts so as not to overload the floors of the HVAC systemPremises), and to take require all steps as may such items and furniture to be necessary or desirable for the safety, protection, maintenance or preservation moved into and out of the Building and Premises or only at such times and in such manner as Landlord shall direct in writing. Any damages done to the Building or Landlord’s interest thereinPremises or to other tenants in the Building by taking in or putting out safes, furniture, and other items or from overloading the floor in any way, shall be paid by Tenant. Furniture, boxes, merchandise, or other bulky articles shall be transported within the Building only upon or by vehicles equipped with rubber tires and shall be carried only in the freight elevators and at such times as may be necessary or desirable for the operation or improvement management of the Building shall require. Movements of Tenant's property into or in order to comply with lawsout of the Building and within the Building are entirely at the risk and responsibility of Tenant, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The and Landlord reserves the right to require permits before allowing any such property to be moved into or out of the Building.
(k) To prohibit the placing of vending or dispensing machines of any kind in its sole or about the Premises without the prior written consent of Landlord.
(l) To have access for Landlord and absolute discretion other tenants of the Building to include Phase II in any mail chutes located on the Project Premises according to the rules of the United States Post Office.
(m) To change the arrangement or location of entrances, passageways, doors and doorways, corridors, stairs, toilets, and other public service portions of the Building not contained within the Premises or any part thereof.
(n) To close the Building after Phase II is completedregular working hours and on Saturdays, Sundays, and legal holidays subject, however, to Tenant's right to admittance, under such regulations as Landlord may prescribe from time to time, which will result may include by way of example, but not of limitation, that persons entering or leaving the Building identify themselves to Building personnel by registration or otherwise, and that said persons establish their right to enter or leave the Building. Landlord may enter upon the Premises and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant's use or possession, and without being liable in changes any manner to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Office Lease (Charys Holding Co Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (1) causing damage or injury to property, person or business, and without effecting an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the Premises, nor giving rise to any claim for setoff or abatement of Rent or affecting any of Tenant's obligations under this Lease:
(a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises with prior reasonable notice and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; and to change interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the name same constituting an eviction of Tenant in whole or street address in part and without abatement of Rent by reason of loss or interruption of the Building business of Tenant or Projectotherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant's obligations under this Lease, except as otherwise provided in Section 5.4; provided, however, reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with unreasonably;
(b) To change the name and street address of the Building, and to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building, but not those lying exclusively within the Premises;
(c) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; including evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
(d) Upon prior oral notice (which shall be given a reasonable amount of time in advance except for emergencies) to Tenant, to enter the Premises during reasonable hours (i) at any time during the Term to show the Premises to prospective purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant abandons the Premises;
(e) Upon prior written notice to Tenant, and limited to only one (1) occasion during the Term, to relocate Tenant within the Building to new space (the "Relocation Space") which is comparable in size, utility and condition to the Premises. Such relocation will be effective on a date specified by Landlord, which date will not be less than ninety (90) days after Landlord's notice. If Landlord relocates Tenant, Landlord will (i) cause the physical relocation move to occur in an evening or over a weekend but only between January 16 and October 31, (ii) give Tenant an allowance sufficient to cover Tenant's reasonable costs to reconstruct the Relocation Space to a standard substantially similar to the Premises on the date of the relocation, (iii) cause the Relocation Space to be located on the 11th floor of the Building or higher (so long as the Relocation Space is located on a floor with substantially the same functionality and useable square footage), (iv) pay all other reasonable out-of-pocket costs related to the relocation (i.e. stationary and printed material, computer and telephone relocation etc). Upon such relocation, the Relocation Space will be deemed to be the Premises, the terms of the Lease will remain in full force and apply to the Relocation Space, and Landlord and Tenant agree to execute an amendment to this Lease confirming such relocation of Tenant to the Relocation Space within twenty (20) days after Tenant takes possession of the Relocation Space;
(f) To maintain within the lobby of the Building a directory containing a standard listing with Tenant's name and such other listings reasonably required by Tenant;
(g) To install and maintain all signs on the exterior and interior of the Building and ProjectBuilding;
(ch) To have prescribe and approve in advance the location and style of any suite number and identification sign or lettering on the door to the Premises occupied by Tenant, the cost of which signage shall be borne by Tenant;
(i) To retain at all times and to use in appropriate instances pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(dj) At To grant to anyone the right to conduct any time during business or render any service in the TermBuilding, whether or not it is the same as or similar to the use expressly permitted to Tenant in Section 7 above;
(k) To have access for Landlord and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee other tenants of the Project, or Building to any assignee of any mortgage on all mail chutes according to the Project, or to others having an interest in the Project or Landlord, and during the last six months rules of the Term, to show the Premises to prospective tenants thereof; andUnited States Post Office;
(el) To enter the Premises at any time for the purpose of making inspectionsreasonable purposes, repairs, alterations, additions including supplying janitor service or improvements other service to the Premises be provided to Tenant under this Lease; and
(m) To require all persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting during such hours as Landlord may from time to time determine to identify themselves to watchmen or balancing controls and other parts of the HVAC system)security personnel by registration or otherwise, and to establish their right to enter or leave the Building; provided Landlord will not be liable in damages for any error with respect to admission to or eviction or exclusion of any person from the Building. In case of fire, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right to limit or prevent access to the Building during the continuance of same, shut down elevator service, activate elevator emergency controls, or otherwise take all steps as may be such action or preventive measures deemed necessary or desirable by Landlord for the safety, protection, maintenance or preservation safety of the Premises tenants or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement other occupants of the Building or the protection of the Building and the property in order to comply with laws, orders or requirements of governmental or other authoritythe Building. Landlord Tenant agrees to use its best efforts (except cooperate in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryreasonable safety program developed by Landlord.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Coolsavings Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without liability to Tenant for notice (1except as herein expressly provided) causing and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing of Tenant’s use or possession of the Premises:, giving rise to any claim for set-off or abatement of Rent and without being liable to Tenant (except insofar as same constitutes a breach of an express provision of this Lease or, subject to Section 10(C) hereof, involves the negligence or willful misconduct of Landlord):
(a) A. To name the Building and Project and to change the name or street address of the Building or Project;the Building’s street address.
(b) B. To install install, affix and maintain any and all signs on the exterior and interior of the Building Building.
C. To reasonably approve, prior to installation, all types of window shades, blinds, drapes and Project;similar window coverings, which approval shall not be unreasonably withheld, conditioned or delayed.
(c) D. To have pass keys reasonably approve, prior to installation, all internal lighting that may be visible from the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee exterior of the ProjectBuilding, which approval shall not be unreasonably withheld, conditioned or delayed.
E. To decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, make alterations, additions or improvements improvements, structural or otherwise, in or to the Property or any part thereof, provided that access to the Premises or the Building is not materially and permanently adversely affected thereby. In connection with such matters, Landlord may, subject to the provisions of Article 17 hereof, enter upon the Premises and take into and upon or through the Premises all materials required to make such repairs, maintenance, alterations or improvements (including, without limitation, checking, calibrating, adjusting provided that there shall be no staging of materials in or balancing controls and other parts of from the HVAC systemPremises), and to may close public entry ways, other public areas, restrooms, stairways or corridors. Landlord shall take all reasonable steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlordto minimize any interference with Tenant’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authorityoperations resulting from any actions taken by Landlord under this Section. Landlord agrees to use its best efforts (except in promptly repair any emergency) to minimize interference with Tenant’s business in damage and restore the Premises in to their condition prior to the course actions taken pursuant to this Section.
F. To have and retain paramount title to the Premises and the Property free and clear of any such entryact of Tenant purporting to burden or encumber it.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Office Lease (Vivid Seats Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing damage or injury to property, person or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s use or possession or giving rise to any claim for Set-off or abatement of the PremisesRent:
(a) To name decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Premises, the Building and/or the Park, or any part thereof, and Project for such purposes to enter upon the Premises, the Building or other parts of the Park and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Premises, the Building or other parts of the Park, to store materials in the Premises, to interrupt or temporarily suspend Building services and facilities, to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, and to change the name arrangement and location of all parking areas, sidewalks and driveways situated upon the Land or street address elsewhere in the Park, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Building or Project;Premises are reasonably accessible.
(b) To install and maintain all signs on grant to anyone the exterior and interior of exclusive right to conduct any business or render any service in or to the Building and Project;Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(c) To have pass keys to prohibit the placing of vending or dispensing machines of any kind in or about the Premises and all doors within without the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result prior written permission of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;.
(d) At any time during To take all such reasonable measures as Landlord may deem advisable for the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee security of the ProjectProperty and its occupants, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders or requirements and the closing of governmental or other authority. Landlord agrees the Building after Customary Business Hours and on Saturdays, Sundays and Holidays, subject, however, to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in right to admittance when the Premises in Building is closed after Customary Business Hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or leaving the course of any Building, whether or not during Customary Business Hours, use a pass key, or identify themselves to a security officer by registration or otherwise and that such entrypersons establish their right to enter or leave the Building.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice (except to the extent expressly provided herein) and without liability to Tenant for (1) causing damage or injury to property, person or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesPremises or giving rise to any claim for damages, set-off or abatement of Rent:
(a) To name if required by the Building and Project and County or any other Governmental Authority, to change the name or Facility’s street address of the Building or Projectupon thirty (30) days prior written notice;
(b) To install to the extent any of the following items are not designated in the Plans, to approve (which approval shall not be unreasonably withheld or delayed) prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and maintain other similar equipment, and all signs on internal lighting that may be visible from the exterior and interior of the Building and ProjectFacility;
(c) To have pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective purchasers and lenders at reasonable hours upon reasonable prior oral notice during the entire Term, and to prospective tenants thereofat reasonable hours upon reasonable prior oral notice during the last twelve (12) months of the Term, and if the Premises are vacated in a manner which constitutes a Default by Tenant under Section 19 hereof, to prepare the Premises for re-occupancy.
(d) to have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(e) to impose reasonable conditions on the movement and location of equipment and articles in and about the Facility so as not to exceed the live load specified in the Plans; and
(ef) To enter the Premises for the purpose of making inspectionsto retain at all times, repairsand, alterations, additions or improvements subject to the Premises or the Building (includingnotification requirements set forth in this Lease, without limitation, checking, calibrating, adjusting or balancing controls and other parts to use in furtherance of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest thereinrights under the Lease, keys and security access cards and/or codes to all doors within and into the Facility. No locks or as may security access cards and/or codes within or into the Facility shall be necessary added or desirable for the operation changed without Landlord’s prior written consent, which consent shall not be unreasonably withheld or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authoritydelayed. Landlord agrees shall keep all keys and security access cards under Landlord’s control. Failure by Landlord to use its best efforts (except in any emergency) key or access card or code shall never render Landlord liable to minimize interference with Tenant’s business any Tenant Related Party in the Premises event: (i) Landlord has not previously been provided all applicable keys, security cards and/or access codes in accordance with this Section 15(f); and/or (ii) access is required in the course event of any emergency and such entrykeys, security cards and/or access codes are not immediately available.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Cryolife Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesPremises and shall not give rise to any claim for set off or abatement of rent or any other claim:
(a) A. To name the Building and Project and to change the Building’s name or street address of the Building or Project;address.
(b) B. To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;Building.
(c) C. To have pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, make repairs, alterations, additions deletions, substitutions, additions, or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises or the Building (including, without limitation, checkinginstalling, calibratingusing, adjusting maintaining, repairing and/or replacing pipes, ducts and conduits in and through the Premises), and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or balancing controls temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable.
D. To access the Premises at any time in the event of an emergency and Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage therefrom. Upon the expiration of the Term or of Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any permitted safes, cabinets or vaults left in the Premises. Landlord hereby acknowledges that Tenant intends to install a key card access system to enter the Premises.
E. To designate that window treatments shall consist of Building Standard blinds and to designate and approve, prior to installation, all types of additional window shades, blinds or draperies.
F. To approve the weight, size and location of safes, vaults and other parts of heavy equipment and articles in and about the HVAC systemPremises and the Building (so as not to exceed the legal live load per square foot designated by the structural engineers for the Building), and to take require all steps such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as may be necessary Landlord shall direct in writing. Tenant shall not install or desirable for the safety, protection, maintenance operate machinery or preservation any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building.
G. To close the Building after Normal Business Hours and on Sundays and legal holidays subject, however, to Tenant’s right to admittance to the Premises under such regulations as Landlord may prescribe from time to time.
H. To establish controls for the purpose of regulating all property and packages (both personal and otherwise) to be moved into or out of the Building and Premises.
I. To reasonably regulate delivery and service of supplies in order to comply insure the cleanliness and security of the Premises and to avoid congestion of the loading docks, receiving areas and freight elevators.
J. To show (during Normal Business Hours and with lawsreasonable advance notice to Tenant) the Premises to prospective tenants at reasonable hours during the last twelve (12) months of the Term and, orders if vacated or requirements of governmental or other authority. Landlord agrees abandoned, to show the Premises at any time and to prepare the Premises for reoccupancy.
K. To erect, use its best efforts (except and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in any emergency) to minimize interference and through the Premises at reasonable locations, provided same do not unreasonably interfere with Tenant’s business in the Premises in the course of any such entryoperations.
15.2 The L. To retain exclusive control and management over all Common Areas, expressly reserving to Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completedalter, which will result in eliminate, enlarge or otherwise make such changes to the Common Areas as Landlord, in its sole discretion, shall deem desirable. Landlord may operate, manage, equip, light and Tenant’s Pro Rata Share with respect maintain the Common Areas in such manner as Landlord may from time to the Projecttime determine.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing damage or injury to property, person or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s use or possession of the Premises:
Premises or giving rise to any claim for set-off or abatement of rent: (aA) To name the Building and Project and to change the Building’s name or street address of the Building or Project;
address; (bB) To install to install, affix, maintain and maintain remove any and all signs on the exterior and or interior of the Building AFDOCS//21459967 Building; (C) to reasonably designate and/or approve or disapprove, prior to installation, all window shades, blinds, awnings, window ventilators and Project;
(c) To have pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premisesother similar equipment, and to show reasonably approve or disapprove all internal lighting that may be visible from the Premises to any prospective purchaser or mortgagee exterior of the Project, Building; (D) to decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements to improvements, whether structural or otherwise, in and about the Premises Building or the Building (includingLand or any part thereof, without limitationand for such purposes to enter the Premises, checkingand, calibratingduring the continuance of any such work, adjusting to temporarily close doors, entry ways, common or balancing controls public spaces and other parts of corridors in the HVAC system)Building, parking and access roads, and to take interrupt or temporarily suspend Building services and facilities, all steps without affecting any of Tenant’s obligations hereunder, so long as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises are reasonably accessible; (E) to retain control over all common areas; and (F) to install security cameras and devices and other security technology (whether developed prior to or after the Effective Date). Landlord shall exercise the rights described in this Section 33 in a manner consistent with the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order Standard and shall use commercially reasonable efforts not to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference unreasonably interfere with Tenant’s business operations. Notwithstanding the foregoing, if Landlord’s exercise of any of the rights in this Section 33 results in Tenant’s inability to use all or any part of the Premises for its business operations, then the rent payable by Tenant hereunder shall ▇▇▇▇▇, in whole or in part (based on the course portion of any the Premises so affected), during such entryinterference.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Provided that the exercise of -------------------------------------- such rights does not unreasonably interfere with Tenant's occupancy of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises (after giving Tenant reasonable advance notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; to change the name of the Building and Project Building; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building Building, provided, however, that Landlord shall not close, obstruct or Projectotherwise change the location of the existing front and rear entrances to the Building;
(b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after Business Hours and on weekends and holidays, subject, however, to Tenant's right to enter when the Building is closed after Business Hours under such reasonable regulations as Landlord may prescribe from time to time; and
(c) To have pass keys to enter the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on at reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, hours to show the Premises to prospective tenants thereof; and
purchasers, lenders, or, during the last twelve (e12) To enter months of the Premises for Term, tenants. In exercising any of Landlord's rights under this Lease, including, but not limited to it rights pursuant to this Section 20, Landlord agrees (1) not to unreasonably interfere with the purpose operation of making inspectionsTenant's business in the Premises, nor the ingress or egress or visibility therefrom, including any signage, (2) to diligently prosecute to completion any repairs, alterations, additions additions, or improvements within the Premises which Landlord is required or elects to perform pursuant to the Premises terms of this Lease and performs such repairs in such a way as not to unreasonably interfere with Tenant's operation of its business in the Premises, during Business Hours and in the presence of an authorized employee of Tenant (except in cases of real or the Building (includingapparent emergency, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC systemin which case no notice shall be required), and (3) to take all steps cause said work to be accomplished in as may expeditious a manner as is reasonably practicable, and upon reasonable advance notice to Tenant(except in cases of real or apparent emergency, in which case no notice shall be necessary or desirable for the safety, protection, maintenance or preservation required). Landlord shall promptly restore any damage to any portion of the Premises resulting from its exercise of its rights under this Lease, including, but not limited to those caused by any acts or the Building omissions of Landlord, its agents, servants, employees or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entrycontractors.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Dset Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights: (i) upon at least 24 hours’ prior written notice (email notice being acceptable), exercisable without liability to Tenant for (1) causing an actual perform maintenance and repairs, and to make inspections, alterations, additions, changes or constructive eviction from improvements, whether structural or otherwise, in and about the PremisesProject, or any part thereof; to enter upon the Premises (2after giving Tenant reasonable notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) disturbing for any of the foregoing purposes and, during the performance of any such work therein, to temporarily close doors, lobbies, public space and corridors in the Building; (iii) upon at least 24 hours’ prior written notice (email notice being acceptable), to interrupt or temporarily suspend Building services and facilities as reasonably necessary; (iv) to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building; (v) to take such reasonable access control measures as Landlord deems advisable; provided, however, that any such access control measures are for Landlord’s own protection, and Tenant acknowledges that Landlord is not a guarantor of the security or safety of any Tenant Party or of Tenant’s use or possession personal property, and that all such security matters are the sole responsibility of Tenant; (vi) to require the evacuation of the Premises:
Building for cause, suspected cause, or for drill purposes; (avii) To name to temporarily deny access to the Building and Project to close the Building after Normal Business Hours and on Saturdays, Sundays and Holidays, subject, however, to ▇▇▇▇▇▇’s right to enter when the Building is closed after Normal Business Hours pursuant to such reasonable rules and regulations as Landlord may prescribe from time to time; (viii) to enter the Premises at all reasonable hours to perform Landlord’s repair and maintenance obligations under this Lease or to perform environmental testing; (ix) upon at least 24 hours’ prior written notice (email notice being acceptable), to enter the Premises at all reasonable hours to show the Premises to prospective purchasers or lenders; (x) at any time during the last six (6) months of the Term or at any time following the occurrence of an Event of Default, to enter the Premises at all reasonable hours to show the Premises to prospective tenants; and (xi) to change the name or and/or street address of the Building or Project;
(b) To install Building. In conducting the foregoing activities, Landlord shall use commercially reasonable efforts to minimize interference with ▇▇▇▇▇▇’s business operations and maintain all signs on the exterior and interior of the Building and Project;
(c) To have pass keys access to the Premises and parking areas. With respect to all of the foregoing, Landlord shall retain a key for all of the doors within for the Premises, excluding Tenant’s vaults vaults, safes and safes, provided, however, files. Landlord shall be responsible for, have the right to use any and reimburse, indemnify and hold all means to open the doors to the Premises in an emergency in order to obtain entry thereto without liability to Tenant harmless from, any damages or liabilities incurred by Tenant as a result of therefor. Any entry into to the Premises by LandlordLandlord by any of the foregoing means, its agentsor otherwise, employees in conformance with this Section 22, shall not be construed or contractors in connection with the use deemed to be a forcible or unlawful entry into or a detainer of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee an eviction, partial eviction or constructive eviction of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to Tenant from the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system)any portion thereof, and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation shall not relieve Tenant of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryobligations hereunder.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Termination Agreement (Spruce Biosciences, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord hereby expressly reserves the following rightsrights set forth in the Subsections of this Section 43. Such rights shall be exercisable (a) without notice, exercisable (b) without liability to Tenant for (1) causing an actual damage or constructive eviction from the Premisesinjury to property, persons, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To name the Building and Project and to change the name or street address of the Building or Project;
(b) To install and maintain all signs on the exterior and interior of the Building and Project;
business, (c) To have pass keys to the Premises and all doors within the without effecting a constructive or actual eviction of Tenant or disturbance of Tenant's use, possession, or enjoyment of its Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises without giving rise to any prospective purchaser claim for setoff or mortgagee abatement of the Project, or to any assignee rent. The enumeration of any mortgage on the Project, or to others having an interest such rights of Landlord in the Project or following Subsections is not intended to limit any other rights of Landlord, whether expressed or implied, at law or under other provisions of this Lease.
43.1 Landlord shall have the right to decorate and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, make repairs, alterations, additions additions, changes, and/or improvements, whether structural or improvements to the Premises or otherwise, in and about the Building (and elsewhere in the Facility, including, without limitation, checkingconstruction of additional buildings or other new improvements and changes in the location, calibratingsize, adjusting or balancing controls and other parts of the HVAC system)shape, and to take all steps as number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, sidewalks, and walkways. For such purposes Landlord may be necessary or desirable for the safety, protection, maintenance or preservation of enter upon the Premises or and, during the continuance of any such work, temporarily close doors, entryways, public space and corridors in the Building or Landlord’s interest thereinelsewhere in the Facility, to interrupt or temporarily suspend building services and facilities and to change the arrangement and location of entrances, or as may be necessary passageways, doors and doorways, corridors, elevators, stairs, toilets, or desirable for the operation or improvement other public parts of the Building or Facility, all without abatement of rent and without affecting any of Tenant's obligations hereunder, except as otherwise expressly provided in order to comply with lawsthis Lease (e.g., orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entrySubsections 21.2 and 23.6).
15.2 The 43.2 Landlord reserves shall have the right in its sole and absolute discretion to include Phase II in designate additional land outside the Project after Phase II is completed, which will result in changes current boundaries of the Facility to be a part of the Common Areas Areas.
43.3 Landlord shall have the right to take all such reasonable measures as Landlord may deem advisable for the security of the Building or the Facility and Tenant’s Pro Rata Share with respect to their occupants, including, without limitation, the Project.search or any person entering or leaving the Building, the evacuation of the Building (or any part thereof) for cause, suspected cause, or for drill purposes,
Appears in 1 contract
Sources: Lease Agreement (Virage Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant tenant for (1) causing an actual damage or constructive eviction from the Premisesinjury to property, persons, or (2) disturbing business and without effecting an eviction, constructive or actual, or disturbance of Tenant’s 's use or possession or giving rise to any claim for setoff or abatement of the Premisesrent:
(a) To name the Building and Project and to change the Building's name or street address of the Building or Project;Street address.
(b) To install install, affix, and maintain any and all signs on the exterior and interior of the Building and Project;Building, subject to the provisions of Rider 1 of this Lease.
(c) To have pass keys designate and approve, prior to the Premises and installation, all doors within the Premisestypes of window shades, excluding Tenant’s vaults and safesblinds, provideddrapes, howeverawnings, Landlord shall be responsible forwindow ventilators, and reimbursesimilar equipment, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result to control all internal lighting that nay be visible from the exterior of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;Building.
(d) At any time during To enter upon the Term, and on Leased Premises at reasonable prior notice to Tenant, hours to inspect the Premises, and same or clean or wake repairs or alterations (but without any obligation to do so. except as expressly provided for herein) or to show the Leased Premises to any prospective purchaser lenders or mortgagee of the Projectpurchasers, or to any assignee of any mortgage on the Projectand, or to others having an interest in the Project or Landlord, and during the last six twelve (12) months of the Termterm, to show the Premises them to prospective tenants thereof; at reasonable hours and, if they are vacated, to prepare them for re-occupancy.
(e) To enter retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises for teased Premises. No locks shall be changed or added without the purpose prior written consent of making inspections, Landlord.
(f) To decorate and to make repairs, alterations, additions additions, changes, or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the teased Premises and, during the continuance of any of said work, to temporarily close doors, entryways, public space, and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the Building (includingarrangement and location of entrances or passageways, without limitationdoors and doorways, checkingcorridors, calibratingelevators, adjusting stairs, toilets, or balancing controls and other public parts of the HVAC system)Building, and an without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the teased Premises are reasonably accessible.
(g) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive tight shall not operate to exclude tenant from the use expressly permitted herein,
(h) To take all steps such reasonable measures as landlord may be necessary or desirable deem advisable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement security and safety of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use and its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.occupants,
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent:
(a) To name the Building and Project and to change the Building’s name or street address of the Building or Project;address.
(b) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;to approve the design, location, number, size and color of all signs or lettering on the Premises that are visible from the exterior of the Premises.
(c) To have pass keys decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Premises Building, or any part thereof, and all doors within for such purposes to enter upon the Premises, excluding and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s vaults and safesobligations hereunder, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant so long as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;are reasonably accessible and Tenant’s operations are not materially adversely affected.
(d) At any time during To furnish door keys for doors in the Term, Premises at the commencement of the Lease and on reasonable prior notice to Tenant, to inspect the Premisesretain at all times, and to show use in appropriate instances, keys to all doors within and into the Premises Premises. Tenant agrees to any prospective purchaser or mortgagee purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of the ProjectLandlord. Notwithstanding the provisions for Landlord’s access to Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery, pilferage and personal assault, unless caused by Landlord’s gross negligence. Upon the expiration of the Term or of Tenant’s right to any assignee possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any mortgage on the Projectsafes, cabinets or to others having an interest vaults left in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; andPremises.
(e) To enter install a security card access and other security systems, procedures and equipment for the Building. The cost of installing and operating the same shall be included in Operating Expenses.
(f) To purchase and install, at Tenant’s sole expense, all lamps and bulbs used in the Premises.
(g) To designate that window treatment shall be Building Standard venetian blinds or curtains and to designate and approve, prior to installation, all types of additional window shades, blinds or draperies.
(h) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building.
(i) To establish controls for the purpose of making inspectionsregulating all property and packages, repairsboth personal and otherwise, alterationsto be moved into or out of the Building and Premises.
(j) To regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and to avoid congestion of the loading docks, additions or improvements receiving areas and freight elevators.
(k) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations that do not reduce the usable area of the Premises.
(l) To enter the Premises upon reasonable notice during business hours to inspect the Premises.
(m) To require reasonable security procedures for Tenant’s employees and visitors during normal business hours, and to close the Building after regular working hours and on Saturdays, Sundays and legal holidays subject, however, to Tenant’s right to admittance to the Premises under such regulations as Landlord may reasonably prescribe from time to time, which may include, but shall not be limited to, a requirement that persons entering or leaving the Building (includingidentify themselves to security personnel by registration or otherwise and establish their right to enter or leave the Building. Such regulations may include, without limitationbut shall not be limited to, checking, calibrating, adjusting or balancing controls and other parts the requiring of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with identification from Tenant’s business in the Premises in the course of any such entryemployees, agents, clients, customers, invitees, visitors and guests.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease (Amarin Corp Plc\uk)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Provided that the exercise of such rights does not unreasonably interfere with Tenant’s occupancy of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises (after giving Tenant reasonable notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; to change the name of the Building and Project Building; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or Project;Building; Landlord will take all reasonable precautions to limit the interference it may cause the Tenant’s business. Tenant shall receive a rent abatement for work being done within the Premises resulting in interference to Tenant’s business operation and the interference last longer than five business days. The abatement will only be for the portion of space the Landlord is interfering with.
(b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant’s right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time; and
(c) To have pass keys to enter the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection at reasonable hours with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
purchasers, lenders, insurance companies, contractors and others required to tour the building in the normal course of business operations for a building. During the last twelve (e12) To enter months of the Term of the Lease, Landlord may show the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authorityprospective tenants. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves may also show the right premises at anytime if the Tenant is in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the ProjectDefault of this Lease.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (1) causing damage or injury to property, person or business, and without effecting an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the Premises, nor giving rise to any claim for setoff or abatement or Rent or affecting any of Tenant's obligations under this Lease:
(a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; and to change interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the name same constituting an eviction of Tenant in whole or street address in part and without abatement of Rent by reason of loss or interruption of the Building business of Tenant or Projectotherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant's obligations under this Lease; provided, however, that reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with unreasonably;
(b) To change the name and street address of the Building; and to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building;
(c) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
(d) Upon prior oral notice to Tenant, to enter the Premises during reasonable hours (i) at any time during the Term to show the Premises to prospective purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises;
(e) Upon prior written notice to Tenant, to relocate Tenant within the Building to new space (the "RELOCATION SPACE") which is comparable in size, utility and condition to the Premises and which is situated on the west side of the Building and not lower than the tenth (10th) floor of the Building. Such relocation will be effective on a date specified by Landlord, which date will not be less than ninety (90) days after Landlord's notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for (i) Tenant's reasonable out-of-pocket expenses directly related to Tenant's move to the Relocation Space, and (ii) Tenant's stationary costs not to exceed Five Thousand and 00/100 Dollars ($5,000.00). Upon such relocation, the Relocation Space will be deemed to be the Premises, the terms of the Lease will remain in full force and apply to the Relocation Space, and Landlord and Tenant agree to execute an amendment to this Lease confirming such relocation of Tenant to the Relocation Space within twenty (20) days after Tenant takes possession of the Relocation Space;
(f) To maintain within the lobby of the Building a directory containing a standard listing with Tenant's name;
(g) To install and maintain all signs on the exterior and interior of the Building and ProjectBuilding;
(ch) To have prescribe and approve in advance the location and style of any suite number and identification sign or lettering on the door to the Premises occupied by Tenant, the cost of which signage shall be borne by Tenant;
(i) To retain at all times and to use in appropriate instances pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(dj) At To grant to anyone the right to conduct any time during business or render any service in the TermBuilding, whether or not it is the same as or similar to the use expressly permitted to Tenant in Section 7 above;
(k) To have access for Landlord and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee other tenants of the Project, or Building to any assignee of any mortgage on all mail chutes according to the Project, or to others having an interest in the Project or Landlord, and during the last six months rules of the Term, to show the Premises to prospective tenants thereof; andUnited States Post Office;
(el) To enter the Premises after advance notice to Tenant (except that no such notice shall be required in the event of an emergency) at any time for the purpose of making inspectionsreasonable purposes, repairs, alterations, additions including and supplying janitor service or improvements other service to the Premises be provided to Tenant under this Lease;
(m) To require all persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting during such hours as Landlord may from time to time determine to identify themselves to watchmen or balancing controls and other parts of the HVAC system)security personnel by registration or otherwise, and to establish their right to enter or leave the Building; provided Landlord will not be liable in damages for any error with respect to admission to or eviction or exclusion of any person from the Building. In case of fire, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right to limit or prevent access to the Building during the continuance of same, shut down elevator service, activate elevator emergency controls, or otherwise take all steps as may be such action or preventive measures deemed necessary or desirable by Landlord for the safety, protection, maintenance or preservation safety of the Premises tenants or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement other occupants of the Building or the protection of the Building and the property in order the Building. Tenant agrees to comply with lawscooperate in any reasonable safety program developed by Landlord; and
(n) From time to time to make and adopt such reasonable rules and regulations uniformly applied, orders or requirements of governmental in addition to or other authority. than or by way of amendment or modification of the rules and regulations contained in EXHIBIT B attached to this Lease or other sections of this Lease, for the protection and welfare of the Building, its tenants and occupants, as Landlord may reasonably determine, and Tenant agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any abide by all such entryrules and regulations.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Hotjobs Com LTD)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without liability and without notice to Tenant for (1) causing damage or injury to property, persons or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession or giving rise to any claim for set-off or abatement of rent;
a. To decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Premises:
(a) To name Building, or any part thereof, and for such purposes to enter upon the Demised Premises and, during the continuance of any such work, to temporarily close doors, entry ways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and Project facilities and to change the name arrangement and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, so long as the Demised Premises are reasonably accessible.
b. To have and retain a paramount title to the Demised Premises free and clear of any act of Tenant purporting to burden or encumber them.
c. To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein or unreasonably interfere with such use.
d. To prohibit the placing of vending or dispensing machines of any kind in or about the Demised Premises without the prior written permission of Landlord.
e. To have access for Landlord and other tenants of the Building or Project;
(b) To install and maintain all signs to any mail chutes located on the exterior and interior Demised Premises according to the rules of the United States Postal Services.
f. To take all such reasonable measures as Landlord may deem advisable for the security of the Building and Project;
(c) To have pass keys its occupants, including without limitation, the search of all persons entering or leaving the Building, the evacuation of the Building for cause, suspected cause, or for drill purposes, the temporary denial of access to the Premises Building, and all doors within the Premisesclosing of the Building after normal business hours and on Saturdays, excluding Tenant’s vaults Sundays and safesholidays, providedsubject, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, 's right to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or admittance when the Building (including, without is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example but not of limitation, checkingthat persons entering or leaving the Building, calibratingwhether or not during normal business hours, adjusting identify themselves to a security officer by registration or balancing controls otherwise and other parts of that such persons establish their right to enter or leave the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryBuilding.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord hereby reserves and ----------------------------------- shall have the following rights, exercisable without liability rights with respect to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of Premises and the Premises:
Project: (a) To name to decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Project, the Building, the Premises or any part thereof; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Project or the Building; to interrupt or suspend temporarily Building services and Project and facilities; to change the name or street address of the Building or the Project;
; and to change arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms, common areas, or other public parts of the Building or the Project; (b) To install and maintain all signs on to take such measures as Landlord deems advisable in good faith for the exterior and interior security of the Building and Project;
its occupants (c) To have pass keys but Landlord has no obligation to provide security); to temporarily deny access to the Premises Building to any person; and all doors within to close the PremisesBuilding after ordinary business hours and on Sundays and Holidays, excluding Tenant’s vaults and safes, providedsubject, however, to Tenant's right to enter when the Building is closed after ordinary business hours under such rules and regulations as Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any may reasonably prescribe from time to time during the Term, ; and on (c) to enter the Premises at reasonable prior notice hours (or at any time in an emergency) to Tenantperform repairs, to inspect the Premises, and to show the Premises to take any prospective purchaser or mortgagee of the Projectaction authorized hereunder, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
purchasers or lenders, or, during the last six (e6) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts months of the HVAC system)Term, and to take all steps as may be necessary or desirable for the safetyprospective tenants. However, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises event any action by Landlord under this paragraph may cause Tenant to be in the course violation of any such entryapplicable law or regulation specific to its bank operations, then Tenant shall give Landlord written notice and shall therein specify what action creates this violation or potential violation and shall describe in detail what action Tenant requests that Landlord refrain from taking. In no event shall Landlord be obligated to review or investigate any laws or regulations which may apply to Tenant's bank operations, other than to review the actual text of any written notice described herein.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Office Lease (Business Bancorp /Ca/)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for (1) causing damage or injury to property, persons or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession or giving rise to any claim or setoff or abatement of the Premisesrent or affecting any of Tenant's obligations hereunder:
(a) To name the Building and Project and to change the name or street address of by which the Building or Project;is designated upon four (4) months written notice to Tenant.
(b) To install decorate and maintain all signs on to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the exterior Building, or any part thereof, and interior for such purposes to enter upon the Premises (during business hours, except in the event of an emergency) and, during the continuance of any such work, to temporarily close doors, entry ways, public space and corridors in the Building, to interrupt to temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building Building, so long as the Premises are reasonably accessible, and Project;so long as Tenant's use of the Premises is not materially, adversely affected.
(c) To have pass keys grant to anyone the exclusive right to conduct any business or render any service in or to the Premises and all doors within the PremisesBuilding, excluding Tenant’s vaults and safes, provided, however, Landlord provided such exclusive right shall be responsible for, and reimburse, indemnify and hold not operate to exclude Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with from the use of such pass keys;expressly permitted herein.
(d) At any time during To take all such reasonable measures (so long as such measures do not materially, adversely affect the Term, and on reasonable prior notice to Tenant, to inspect Permitted Use of the Premises, and to show ) as Landlord may deem advisable for the Premises to any prospective purchaser or mortgagee security of the ProjectBuilding and its occupants, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, including without limitation, checkingthe search of all persons entering or leaving the Building, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order to comply with lawsfor drill purposes, orders or requirements the temporary denial of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes access to the Common Areas Building, and closing of the Building after normal business hours and on Saturdays, Sundays and holidays; subject, however, to Tenant’s Pro Rata Share with respect 's right to admittance when the ProjectBuilding is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice without liability to Tenant for Tenant, and the exercise of any such rights shall not: (1A) causing be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the Premises; (B) give rise to any claim for set-off or abatement of Rent or any other claim; or (C) otherwise affect any of Tenant’s obligations under this Lease:
(ai) To name the Building and Project and to change the Building’s and/or Property's name or street address address, provided Landlord reimburses Tenant for the reasonable costs of the Building replacing stationary, business cards and other marketing or Project;business materials.
(bii) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building Property and Project;to reasonably approve the design, location, number, size and color of all signs or lettering on the Premises that are visible from the exterior of the Premises.
(ciii) To have pass keys decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Premises and all doors within the PremisesProperty, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible foror any part thereof, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of for such pass keys;
(d) At any time during the Term, and on reasonable prior notice purposes to Tenant, to inspect enter upon the Premises, and during the continuance of any of said work, to show temporarily close doors, entryways, public space and corridors in the Property and to interrupt or temporarily suspend services or use of facilities, provided that any such improvements or alterations do no materially impact Tenant’s operation in the Premises and that access to any prospective purchaser or mortgagee and visibility of the ProjectPremises are not materially reduced.
(iv) To install a security card access and other security systems, procedures and equipment for the Building. The cost of installing and operating the same shall be included in Operating Expenses.
(v) To designate that window treatments shall be Building standard and to designate and approve, which shall not be unreasonably withheld, prior to installation, all types of additional window shades, blinds or draperies.
(vi) To reasonably approve the weight, size and location of heavy equipment and articles in and about the Premises and the Property so as not to any assignee of any mortgage on exceed the Project, or to others having an interest in legal live load per square foot designated by the Project or Landlordstructural engineers for the Property, and during the last six months to require all such items to be moved into or out of the TermProperty and Premises only at such times and in such manner as Landlord shall reasonably direct in writing.
(vii) To establish reasonable controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Property and Premises.
(viii) To regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and to avoid congestion of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants thereof; andtenants, lenders or purchasers at reasonable times, not more than nine (9) months prior to the expiration of the term if it is prospective tenants, and upon reasonable notice not less than three (3) business day in advance, provided Landlord shall follow reasonable protocols for entry into the Wet Lab portion of the Premises.
(ex) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.
(xi) To enter the Premises at any reasonable time (or any portion of the Premises at any time in case of emergency) to inspect the Premises provided Landlord shall follow reasonable protocols for entry into the Wet Lab portion of the Premises.
(xii) To require reasonable security procedures for Tenant’s employees and visitors during normal business hours and, to close the Property after regular working hours and on Saturdays, Sundays and legal holidays subject, however, to Tenant's right to admittance to the Premises under such regulations as Landlord may prescribe from time to time. Notwithstanding the foregoing sentence, nothing shall limit Tenant’s access and use of the Premises 24 hours a day, 365 days a year.
(xiii) Except as otherwise provided herein, to grant to anyone the exclusive right to conduct any particular business or undertaking in the Property provided that the same shall not prohibit Tenant from using the Premises for the purpose conduct of making inspections, repairs, alterations, additions or improvements its business (as the same shall exist on the Commencement Date).
(xiv) To restrict access to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business Property in the Premises in the course event of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes an emergency or to the Common Areas and Tenant’s Pro Rata Share extent necessary in connection with respect to the Projectany service or maintenance condition.
Appears in 1 contract
Sources: Lease Agreement (Quantum-Si Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Provided that the exercise of such rights does not unreasonably interfere with Tenant's occupancy of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Complex, or any part thereof; to enter upon the Premises upon reasonable advance notice (except that no advance notice shall be required in the event of an emergency) and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Complex; to interrupt or temporarily suspend Complex services and facilities; to change the name of the Building and Project Complex; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or ProjectComplex;
(b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Complex and its occupants; evacuating the Building or the Complex for cause, suspected cause, or for drill purposes; temporarily denying access to the Complex; and Projectclosing the Building or the Complex after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Complex or the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time;
(c) To have pass keys to enter the Premises at reasonable hours and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into upon reasonable advance notice to show the Premises by Landlordto prospective purchasers, its agentslenders, employees or contractors in connection with or, during the use last 12 months of such pass keys;the Term, tenants; and
(d) At any time during the Term, and on reasonable prior notice to Tenantcontinuance of an Event of Default, to inspect the Premises, and to show market all or any part of the Premises to any prospective purchaser or mortgagee of tenants, including, but not limited to, the Project, or right to any assignee of any mortgage on enter the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, Premises at reasonable hours to show the Premises to prospective tenants thereof; and
(e) To enter tenants, provided that Landlord shall have no obligation to relet the Premises for the purpose and further provided that Landlord's exercise of making inspections, repairs, alterations, additions its rights under this Section shall not constitute or improvements to the Premises be deemed a termination of this Lease or the Building (including, without limitation, checking, calibrating, adjusting acceptance of any vacation or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation attempted surrender of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with by Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Office Lease (Adesso Healthcare Technology Services Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 21.1 In addition to any other rights of Landlord reserves under this Lease or applicable Legal Requirements, Landlord shall have the following rights, exercisable without notice, and without liability to Tenant for (1) causing an actual damage or constructive eviction from the Premisesinjury to property, person, or (2) disturbing business, and without effecting an eviction, constructive or actual, or disturbance of Tenant’s 's use or possession or giving rise to any claim for setoff or abatement of the Premisesrent:
(a) A. To name the Building and Project and to change the name or street address of the Building or Project;Premises.
(b) B. To install designate and maintain approve and to control all signs on the exterior and interior of the Building and Project;
(c) To have pass keys to the Premises and all doors within lighting that may be visible from the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;.
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to C. To show the Premises to prospective tenants thereof; at reasonable hours during the last twelve (12) months of the Term and
(e) To enter , if vacated during such period, to repair and otherwise prepare the Premises for reoccupancy without affecting Tenant's obligation to pay rent.
D. To retain at all times, and to use in appropriate instances, keys to all locks and gates within and into the purpose Premises. No locks shall be changed without the prior written consent of making inspections, Landlord.
E. To make repairs, alterations, additions additions, or improvements improvements, whether structural or otherwise, in and about the Premises or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of such work, to temporarily close entryways, ingress to and egress from the Premises and to interrupt or temporarily suspend any services and facilities, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible.
F. To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it.
G. To close the Building (includingPremises after regular working hours and on Saturdays, without limitationSundays, checkingand legal holidays subject, calibratinghowever, adjusting to Tenant's right to admittance, under such regulations as Landlord may prescribe from time to time.
21.2 Landlord may enter upon the Premises and may exercise any or balancing controls and other parts all of the HVAC system)foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant's use or possession, and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except without being liable in any emergency) manner to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease for Office / Warehouse Building (Saving Energy Solar Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
(a) A. To name the Building and Project and to change the name or street address of the Building or Project;Building.
(b) B. To install install, affix and maintain any and all signs on the exterior or interior of the Building.
C. To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and interior about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable for the conduct of Tenant’s normal business. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage or entry upon the Premises and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof.
D. To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of the Landlord. Notwithstanding the provisions for Landlord’s access to the Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery, pilferage and personal assault. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
E. To designate and approve all window coverings used in the Building.
F. To approve the weight, size and location of safes, vaults, vertical files and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate, machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
(c) G. To have pass keys establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Premises, excluding Tenant’s vaults Building after normal office hours.
H. To regulate delivery and safes, provided, however, Landlord shall be responsible for, service of supplies and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee usage of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators.
I. To show the Premises to prospective tenants thereof; at reasonable times and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy.
(e) J. To enter the Premises for at any reasonable time and upon reasonable prior notice to Tenant to inspect the purpose of making inspectionsPremises (except that prior notice shall not be required in an emergency).
K. To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building. If Landlord elects to make available to tenants in the Building any services or supplies, repairsor arranges a master contract therefore, alterationsTenant agrees to obtain its requirements, additions if any, therefore from Landlord or improvements under any such contract, provided that the services and charges therefor are reasonable.
L. To close the Building after regular working hours and on Saturdays, Sundays and legal holidays subject, however, to Tenant’s right to admittance to the Premises under such regulations as Landlord may prescribe from time to time, which may include, but shall not be limited to, a requirement that persons entering or leaving the Building (includingidentify themselves to a watchman by registration or otherwise and establish their right to enter or leave the Building. Such regulations may include, without limitationbut shall not be limited to, checkingthe requiring of identification from Tenant’s employees, calibratingagents, adjusting or balancing controls clients, customers, invitees, visitors and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or guests.
M. To close the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in event of a public emergency or upon the course order of any such entrya public authority with competent jurisdiction to do so.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease (Bancinsurance Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable without liability to Tenant for (1a) damage or injury to property, person or business, (b) causing an actual or constructive eviction from the Premises, or (2c) disturbing Tenant’s use or possession of the Premises:
(a) a. To name the Building and Project and to change the name or street address of the Building or Project;
(b) b. To install and maintain all signs on the exterior and interior of the Building and Project;
(c) c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) d. At any time during the Term, and on reasonable prior notice to TenantTenant (provided that twenty-four (24) hours will be deemed reasonable notice, except in the event of an emergency, when no notice shall be required), to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six (6) months of the Term, to show the Premises to prospective tenants thereof, provided that Landlord agrees that Landlord and its agents, contractors and representative shall use best efforts to minimize interference with Tenant's business in the Premises; and
(e) e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to that Landlord and Landlord's agents, contractors and representatives shall use its best efforts (except in any an emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Office Building Lease (Premiere Global Services, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Except to the extent expressly limited herein, Landlord reserves full rights to control the Property, including but not limited to the following rights, exercisable without notice (except as expressly provided below in this Section) and without liability to Tenant for (1) causing damage or injury to property, person or business, and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesPremises or giving rise to any claim for set-off or abatement of Rent:
(a) To name the Building and Project and to change the name or street address of the Building or Projectthe Property;
(b) To install install, affix and maintain any and all signs on the exterior and interior of the Building Building, and Projectto prescribe the location and style of the identification sign (including ground mounted sign with panels, if any), logo and/or lettering for the Premises occupied by the Tenant;
(c) To have pass keys designate and/or approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, which approval shall not be unreasonably withheld or delayed so long as any such window covering does not violate any Laws or Association rules, and to control all internal lighting that may be visible from the Premises and all doors within exterior of the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time To show the Premises to prospective tenants at reasonable hours during the Termlast twelve (12) months of the Term and, and on reasonable prior notice to Tenantif vacated during such year, to inspect prepare the PremisesPremises for re-occupancy, and to show the Premises to any current and prospective purchaser or mortgagee insurers, brokers, purchasers and lenders of the Project, or to Building at reasonable hours upon reasonable prior verbal notice at any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and time during the last six months of the Term, to show the Premises to prospective tenants thereof; and;
(e) To enter retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises for Premises. Landlord agrees to use all commercially reasonable efforts not to disturb or interfere with Tenant’s use of the purpose Premise. No locks shall be changed without the prior written consent of making inspections, Landlord;
(f) To decorate or maintain or to make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Property or the Building, or any part of any thereof, and for such purposes to enter upon the Premises upon reasonable prior verbal notice (except in an emergency, in which case no notice shall be necessary), and, during the continuance of any such work, to take into and upon or through the Premises all materials required to make such decorations, repairs, maintenance, alterations or improvements, to erect scaffolding and other structures as may be reasonably required, to close roads, drives, doors, entryways, public space and corridors in the Property or the Building on a temporary basis, and to interrupt or suspend temporarily Building services and facilities, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible;
(g) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(h) To grant to anyone the exclusive right to conduct any business or render any service in or to the Property, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein;
(i) To approve the location of fixtures, equipment and other articles of personal property in and about the Premises and the Building so as not to exceed the legal live load;
(j) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises, except for vending or dispensing machines for the sole use of Tenant and its employees;
(k) To issue rules and regulations, from time to time, governing the use of the Parking Areas (as defined below); and
(l) To limit or prevent access to the Property or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls protection of the Property and other parts of the HVAC system), and to take all steps as may be necessary property located thereon or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement in case of the Building or in order to comply with lawsfire, orders or requirements of governmental invasion, insurrection, riot, civil disorder, public excitement or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entrydangerous condition, or threat thereof.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Provided that the exercise of ----------------------------------- such rights does not unreasonably interfere with Tenant's occupancy of the Premises, Landlord reserves (and its agents and contractors) shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; to change the name of the Building and Project Building; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or ProjectBuilding;
(b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time; and
(c) To have pass keys to enter the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into at reasonable hours to show the Premises by Landlordto prospective purchasers, its agentslenders, employees or contractors in connection with or, during the use last 18 months of such pass keys;the Term, tenants.
(d) At any time during Any entry by the Term, Landlord (or its agents and on contractors) shall be after reasonable prior notice to Tenant, except in the case of emergency. If requested by Tenant, Landlord will use reasonable commercial efforts to inspect the Premises, and to show enter the Premises only after business hours; however, if Landlord's entry for any purpose referenced above could have been done during normal business hours, but Tenant requested Landlord's entry to be after normal business hours, then Tenant agrees to reimburse Landlord for any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants additional costs incurred by Landlord as a result thereof; and.
(e) To enter the Premises for the purpose Tenant may, by prior written notice, from time to time designate up to 30,000 square feet of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation net rentable area of the Premises or as secure areas, as to which Tenant shall have the Building or Landlord’s interest thereinright to limit the people having access thereto (absent emergencies) to only the persons necessary to perform the repairs and maintenance contemplated by this Section 21. Except in the case of emergency, or as may be necessary or desirable for Landlord shall have no access to the operation or improvement secured areas of the Building or in order to comply with laws, orders or requirements Premises without being accompanied at all times by a designated representative of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premisesnotice except as otherwise set forth herein:
(a) A. To name the Building and Project and to change the name or street address of for the Building or Project;
(b) To install and maintain all signs on the exterior and interior of the Building and Project;
(c) To have pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, Building; provided, however, that unless such change was governmentally mandated, Landlord shall be responsible for, and reimburse, indemnify and hold reimburse Tenant harmless from, any damages or liabilities for all reasonable costs incurred by Tenant as a result for printing, mailing and other reasonable matters directly related to such change and Landlord shall provide Tenant with at least one hundred twenty (120) days prior notice of entry into such change in the Building’s street address.
B. To approve, prior to installation, all window shades, blinds, drapes, and awnings and other similar equipment to be installed by Tenant that may be visible from the exterior of the Premises by Landlordor the Building.
C. To grant to a tenant of the Building the exclusive right to conduct its business in the Building, its agents, employees or contractors in connection so long as the same is consistent with the character of the Building, provided the Tenant is not thereby excluded from the uses expressly permitted herein; provided, however, that in no event shall Landlord grant such exclusive right to conduct business in the Building with respect to office space in the Building to more than four (4) tenants. Landlord hereby represents and warrants to Tenant that, as of the date of this Lease, there is no other tenant that has been granted an exclusive right to conduct its business with respect to office space in the Building, but (a) certain exclusive rights to conduct a particular use in the retail space of such pass keys;
(d) At any time during the TermBuilding are in the process of being granted, and on may in the future be granted, to retail tenants of the Building, and (b) the leasing of space in the Building to GSA tenants has been and will be prohibited in each lease for space in the Building.
D. Subject to the terms of Section 11(a) and upon reasonable prior notice to Tenant, to inspect alter, relocate, reconfigure and reduce the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest Common Areas in the Project or LandlordBuilding in a non-material manner, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements so long as access to the Premises is not modified or the Building inhibited (includingother than to a non-material extent) and there is no diminution of type and quality of amenities initially provided, without limitation, checking, calibrating, adjusting or balancing controls except on a temporary basis and other parts of the HVAC system), and then only to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entrya non-material extent.
15.2 The Landlord reserves E. Subject to the right terms of Section 11(a) and upon reasonable prior notice to Tenant, to construct improvements on the Land and in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect outside the Building in a non-material manner, so long as access to the ProjectPremises is not modified or inhibited (other than to a non-material extent) and there is no diminution of type and quality of amenities initially provided, except on a temporary basis and then only to a non-material extent.
F. To prohibit smoking in the entire Building (including the Premises), so long as such prohibitions are in accordance with applicable Laws.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for damage or injury to property, person or business on account of the exercise thereof (1) causing except that Landlord shall use commercially reasonable efforts not to materially disrupt Tenant's business operations during the exercising of any such rights), and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
(a) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
(b) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;Building.
(c) To have pass keys decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the Premises configuration of the common area), in and all doors within about the Building, or any part thereof, and for such purposes to enter upon the Premises, excluding Tenant’s vaults and safesduring the continuance of any of said work, providedto temporarily close doors, howeverentryways, Landlord shall be responsible for, public space and reimburse, indemnify corridors in the Building and hold Tenant harmless from, any damages to interrupt or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees temporarily suspend services or contractors in connection with the use of such pass keys;facilities.
(d) At any time during To furnish door keys for the Term, entry door(s) in the Premises at the commencement of the Lease and on reasonable prior notice to Tenant, to inspect the Premisesretain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase for $2.50 per key and $15.00 per card key only from Landlord or Landlord's designee, additional duplicate keys or card keys as required, to change no locks, and to affix no locks on doors without the prior written consent of the Landlord. Notwithstanding the provisions for Landlord's access to Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage. Upon the expiration of the Term or of Lessee's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(e) To designate and approve all window coverings used in the Building.
(f) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld nor delayed. Tenant's movements of property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
(g) To establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours.
(h) To regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and to avoid congestion of receiving areas and freight elevators.
(i) To show the Premises to any lenders, purchasers and investors at reasonable hours and to prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and tenants at reasonable hours during the last six twelve months of the TermTerm and, if vacated or abandoned, to show the Premises at any time and to prospective tenants thereof; andprepare the Premises for re-occupancy.
(ej) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations. Landlord shall use reasonable efforts to perform such work in a non-intrusive and non-visible manner.
(k) To enter the Premises for at any reasonable time to inspect the purpose of making inspections, repairs, alterations, additions Premises.
(1) To grant to any person or improvements to reserve unto itself the Premises exclusive right to conduct any business or render any service in the Building. If Landlord elects to make available to tenants in the Building (including, without limitation, checking, calibrating, adjusting any services or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest thereinsupplies, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with lawsarranges a master contract therefor, orders or requirements of governmental or other authority. Landlord Tenant agrees to use obtain its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of requirements, if any, therefore from Landlord or under any such entrycontact, provided that the charges therefor are reasonable.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Owosso Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice, except as otherwise stated, and without liability to Tenant for (1) causing damages or injury to property, person or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession of the Premisesor giving rise to any claim for set-off or abatement except as otherwise expressly provided herein:
(aA) To change the Building's name the Building and Project and or street address. Landlord agrees to give Tenant one hundred eighty (180) days prior notice of such change of street address (except where Landlord is required to change the name or street address of the Building or Project;by any governmental authority).
(bB) To install install, affix and maintain any and all signs on the exterior and interior of the Building and Project;Building.
(cC) To have pass keys designate and approve, prior to installation by Tenant, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to reasonably control all internal lighting that may be visible from the exterior of the Building so as to promote the uniformity or harmony of appearance of the exterior of the Building.
(D) Except as provided otherwise in this Lease, to reserve to Landlord the exclusive right to designate, limit, restrict and control any business or any service in or to the Premises and all doors within Building.
(E) To grant to anyone the Premisesexclusive right to conduct any business or render any service in or to the Building, excluding Tenant’s vaults and safes, provided, however, Landlord provided such exclusive right shall be responsible for, and reimburse, indemnify and hold not operate to exclude Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with from the use of such pass keys;
(d) At any time during expressly permitted herein or increase the Term, and on reasonable prior notice costs therefor to Tenant, to inspect and the Premises, rates charged by any such vendor shall be competitive market rates.
(F) To impose reasonable rules and to show regulations regarding the placing of vending or dispensing machines of any kind in or about the Premises to any prospective purchaser or mortgagee without the prior written permission of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to .
(G) To show the Premises to prospective tenants thereof; andat reasonable hours by appointment during the last nine (9) months of the Term, as it may be extended.
(eH) To enter reasonably approve the weight, size and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to exceed the legal live load), and to require all such items and furniture and similar items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Subject to the provisions of Articles 11 and 25, any damages done to the Building or to other tenants in the Building by taking in or taking out safes, furniture, and other articles or from overloading the floor in any way shall be paid by Tenant. Furniture, boxes, merchandise or other bulky articles shall be transported within the Building only upon or by vehicles equipped with rubber tires and shall be carried only in a freight elevator when such service is available. Movements of Tenant's property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require registration before allowing any such property to be moved into or out of the Building. Landlord reserves the right to reasonably regulate the movement of, and to inspect, all property and packages brought into or out of the Building to enforce compliance with the terms of this Lease and to reasonably regulate delivery and service of supplies and the usage of loading docks, receiving areas and freight elevators. Landlord shall not discriminate against Tenant in its right to use such loading docks, receiving areas and freight elevators in conjunction with other tenants.
(I) To have access for Landlord to any mail chutes located on the purpose Premises according to the rules of making inspectionsthe United States Postal Service.
(J) To close the Building after regular working hours and on Saturdays, repairsSundays and holidays established by Landlord (subject to the limitations set forth herein) from time to time subject, alterationshowever, additions to Tenant's right to admittance under such reasonable regulations as Landlord may prescribe from time to time, which may include, by way of example but not of limitation, that persons entering or improvements leaving the Building identify themselves to a security officer by registration or otherwise and that said persons comply with Landlord's regulations concerning their and leaving the Building (Landlord agrees to furnish to Tenant prior notice in the case of any scheduled Building shutdown when Tenant shall not be able to gain access to the Premises provided such notice shall not limit or affect any rights granted to Tenant in Article 9 hereof).
(K) To change the arrangement, configuration, size or location of entrances, passageways, doors and doorways, corridors, stairs, toilets, elevators and escalators and other public service portions of the Building and the Property not contained within the Premises or any part thereof, so long as Landlord uses reasonable efforts to give Tenant prior notice in the event of any changes to common areas of the Building directly and materially serving the Premises or the Antennae on the Roof and so long as any such change does not materially and adversely affect Tenant's ability to conduct its business in the Premises or Tenant's access to the Premises or access to the Antennae on the Roof.
(L) To change the character or use of any part of the Building or the Property.
(includingM) Subject to the rights granted Tenant in Article 40 hereof, without limitationto use for itself the roof, checkingthe exterior portions of the Premises and such areas within the Premises (so long as the useable area of the Premises is not materially reduced) required for structural columns and their enclosures and the installation of utility lines, calibrating, adjusting or balancing controls Building systems and other parts of installations required to service the HVAC system)Building, the Property or tenants or occupants thereof and to take all steps as may be necessary or desirable maintain and repair same, no rights being hereby conferred upon Tenant, and, unless otherwise specifically provided herein, to exercise for itself any rights to the safety, protection, maintenance or preservation land and improvements below the floor level of the Premises or the Building air rights above the Premises and to the land and improvements located on and within the public areas. Neither Tenant nor its employees, invitees, guests and agents shall, without obtaining in each instance the prior written consent of Landlord (which consent shall not be unreasonably withheld or Landlord’s interest thereindelayed, and shall be conditioned upon such requirements as Landlord deems appropriate) (1) go above or through suspended ceilings, (2) remove any ceiling tiles or affix anything thereto, remove anything therefrom or cut into or alter the same in any way, (3) enter fan rooms or other mechanical spaces, or as may be necessary (4) open doors or desirable for the operation or improvement of the remove panels providing access to utility lines, Building or in order to comply with laws, orders or requirements of governmental systems or other authority. Landlord agrees installations required to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryservice tenants.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 A. Landlord reserves shall have the following rights, exercisable rights without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesPremises and shall not give rise to any claim for set off or abatement of rent or any other claims:
(a1) To name the Building and Project and to change the name or street address of the Building or Project;
(b) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building; except that there shall be no signs for retail or commercial tenants in the lobby of the office portion of the Building and, other than for a tenant then having 400,000 RSF or more under lease (“Large Tenant”), there shall be no sign on the exterior of the Building indicating the occupancy of any tenant in the Building without the approval of Tenant which it may reasonably withhold. If there shall be a sign proposed for a Large Tenant, Tenant shall have the right to approve: (i) the installation of the sign and (ii) the text, location, size and style of such sign, such approvals not to be unreasonably withheld or delayed, and Tenant shall also have the right to equivalent signage. All Tenant’s tights to approve under this subparagraph shall exist only so long as Tenant (including any Affiliate or Successor Entity) is not in default hereunder (beyond any applicable cure period) and occupies at least 400,000 RSF in the Building. Landlord hereby approves all Tenant signage existing as of the date hereof. Landlord shall have the right to approve (which approval not to be unreasonably withheld) all additional lobby or exterior signage proposed by Tenant and not existing as of the date hereof.
(2) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are accessible and usable and provided that Landlord shall use due diligence with respect thereto. Unless such repairs, renewals or improvements can be made during business hours without material interference with Tenant’s business operations and, except in the case of an emergency, Landlord shall make such repairs, alterations, or replacements during non-business hours;
(3) To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys or magnetic cards to all doors within and into the Premises; provided that such system will permit the Landlord upon request of Tenant to cancel the effectiveness of the card held by any shareholder or employee or invitee of Tenant upon such person’s departure from Tenant or for any other reason. Tenant agrees to purchase only from Landlord additional duplicate keys or magnetic cards as required (at Landlord’s actual cost for such keys or magnetic cards), to change no locks or magnetic card readers, and not to affix locks or magnetic card readers on doors without the prior written consent of the Landlord not to be unreasonably withheld; provided that Landlord shall respond to Tenant’s request for such consent with reasonable promptness. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys or magnetic cards to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises;
(4) To designate a building standard window covering for exclusive use throughout the Building;
(5) To approve the weight, size and location of safes, vaults, library shelving, file storage e and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and ProjectPremises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord, not to be unreasonably withheld;
(c6) To have pass keys establish reasonable controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keysBuilding after normal office hours;
(d7) At any time during To reasonably regulate delivery and service of supplies and the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee usage of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators;
(8) To show the Premises to prospective tenants thereof; within the final twelve (12) months of the Term (as the same may be extended), at reasonable times, and in a manner not to interfere with Tenant’s use and enjoyment of the Premises and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for reoccupancy;
(e9) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations that do not unreasonably interfere with Tenant’s business;
(10) To enter the Premises at any reasonable time upon reasonable prior notice (except no notice shall be required in the case of emergency) to inspect the Premises;
(11) Only Landlord or one or more persons approved by Landlord will be permitted to furnish bootblacking and barbering. Landlord may fix the hours during which, and the regulations under which, such supplies and services are to be furnished. Landlord expressly reserves the right to act as, or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of said supplies and services, provided all such supplies and services shall be furnished on a basis which is reasonably competitive to that which would otherwise be directly available to Tenant; and Landlord furthermore expressly reserves the right to exclude from the Building any person attempting to furnish any of said supplies or services but not so designated by Landlord. Notwithstanding the foregoing, Tenant shall have the right to specify the vendors for other supplies and services for the purpose of making inspectionsPremises, repairssubject to Landlord’s approval, alterationswhich approval shall not be unreasonably withheld or delayed;
(12) To close the Building after hours and on any day which is not a business day, additions or improvements subject, however, to Tenant’s right to admittance to the Premises at any time under such reasonable regulations as Landlord may prescribe from time to time, which may include but shall not be limited to, a requirement that persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting identify themselves to a watchman by registration or balancing controls otherwise and other parts of establish their right to enter or leave the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryBuilding.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; for such purposes, to change, alter, relocate, remove or replace service areas and common areas, to place, inspect, repair and replace in the Premises (below floors, above ceilings and/or next to columns) utility lines, pipes, cables, conduits and the like to serve other areas of the Building outside the Premises, to enter upon the Premises after providing Tenant with at least two (2) business days' advance written notice thereof and, during the continuance of any such work, to temporarily close doors, entryways, public space, and Project corridors in the Building; to interrupt or temporarily suspend Building services and facilities; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or ProjectBuilding; provided, however, that in connection with any of the foregoing, Landlord will use commercially reasonable efforts to minimize the disruption to Tenant's use and occupancy of the Premises;
(b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Projectits occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after Normal Business Hours and on Saturdays, Sundays, and holidays, subject, however, to Tenant's right to enter when the Building is closed after Normal Business Hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example, but not of limitation, that persons entering or leaving the Building, whether or not during Normal Business Hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building;
(c) To have pass keys to enter the Premises at all reasonable hours to show the Premises (after at least 24 hours' advance notice and all doors within the Premisessubject to further limitation set forth below) to prospective purchasers, excluding Tenant’s vaults and safeslenders, or tenants; provided, however, that with respect to prospective tenants interested in leasing some or all of the Premises, Landlord shall be responsible foronly have the right to enter the Premises to show the same to such parties during the last 12 months of the Term after giving Tenant at least 24 hours' advance notice thereof and then only so long as Tenant has not exercised its right to renew and extend the initial Term of this Lease or any renewal and/or extension thereof;
(d) To prohibit the preparation of food within the Premises for commercial purposes or the placing of vending or dispensing machines of any kind in or about the Premises if such vending or dispensing machines are available to the general public;
(e) To change the name by which the Building is designated, and reimburse, indemnify and hold Tenant harmless from, any damages Landlord shall have no obligation or liabilities liability whatsoever for costs or expenses incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee name change of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereofBuilding; and
(ef) To enter designate the Premises for Building, including the purpose Premises, as a "non-smoking" facility. Landlord shall designate specific areas on the Land, outside the Building, where smoking shall be permitted. Upon receipt from Landlord of making inspectionssuch designation, repairs, alterations, additions or improvements Tenant agrees to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system)abide by, and to take all steps as may be necessary or desirable for the safetyinstruct its agents, protectionemployees, maintenance or preservation of the Premises or the Building or Landlord’s interest thereincontractors and invitees to abide by, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entrydesignation.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (1) causing damage or injury to property, person or business, and without effecting an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s use or possession of the Premises, nor giving rise to any claim for setoff or abatement of Rent or affecting any of Tenant’s obligations under this Lease:
(a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises and, during the continuance of any such work; to temporarily close doors, entryways, public space, and corridors in the Building; and to change interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the name same constituting an eviction of Tenant in whole or street address in part and without abatement of Rent by reason of loss or interruption of the Building business of Tenant or Projectotherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant’s obligations under this Lease; provided, however, reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with; and further provided, however, that except for routine maintenance and emergencies, Landlord may access the Premises only (i) after six (6) hours advance notice to Tenant, (ii) outside of business hours, and (iii) if such access does not unreasonably interfere with Tenant’s business;
(b) To change the name and street address of the Building, provided that Landlord shall give Tenant not less than sixty (60) days’ prior written notice of a street address change if such change was initiated by Landlord; and to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building;
(c) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant’s right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
(d) Upon prior oral notice to Tenant, to enter the Premises during reasonable hours (i) at any time during the Term to show the Premises to prospective purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises;
(e) Upon prior written notice to Tenant, to relocate Tenant within the Building to new space (the “Relocation Space”) which is comparable in size, utility and condition to the Premises, including any additions, alterations and improvements made by Tenant in accordance with the terms of this Lease. Such relocation will be effective on a date specified by Landlord, which date will not be less than ninety (90) days after Landlord’s notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses directly related to Tenant’s move to the Relocation Space. Upon such relocation, the Relocation Space will be deemed to be the Premises, the terms of the Lease will remain in full force and apply to the Relocation Space, and Landlord and Tenant agree to execute an amendment to this Lease confirming such relocation of Tenant to the Relocation Space within twenty (20) days after Tenant takes possession of the Relocation Space;
(f) To maintain within the lobby of the Building a directory containing a standard listing with Tenant’s name;
(g) To install and maintain all signs on the exterior and interior of the Building and ProjectBuilding;
(ch) To have prescribe and approve in advance the location and style of any suite number and identification sign or lettering on the door to the Premises occupied by Tenant, the cost of which signage shall be borne by Tenant;
(i) To retain at all times and to use in appropriate instances pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(dj) At To grant to anyone the right to conduct any business or render any service in the Building, whether or not it is the same as or similar to the use expressly permitted to Tenant in Section 7 above;
(k) To have access for Landlord and other tenants of the Building to all mail chutes according to the rules of the United States Post Office;
(l) To require all persons entering or leaving the Building during such hours as Landlord may from time during the Term, and on reasonable prior notice to Tenant, time determine to inspect the Premisesidentify themselves to watchmen or security personnel by registration or otherwise, and to show establish their right to enter or leave the Premises Building; provided Landlord will not be liable in damages for any error with respect to admission to or eviction or exclusion of any prospective purchaser person from the Building. In case of fire, invasion, insurrection, mob, riot, civil disorder, public excitement or mortgagee other commotion, or threat thereof, Landlord reserves the right to limit or prevent access to the Building during the continuance of same, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventive measures deemed necessary by Landlord for the safety of the Project, tenants or to any assignee other occupants of any mortgage on the Project, Building or to others having an interest the protection of the Building and the property in the Project or Building. Tenant agrees to cooperate in any reasonable safety program developed by Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(em) To enter From time to time to make and adopt such reasonable rules and regulations, in addition to or other than or by way of amendment or modification of the Premises rules and regulations contained in Exhibit B attached to this Lease or other sections of this Lease, for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls protection and other parts welfare of the HVAC system)Building, its tenants and occupants, as Landlord may determine, and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord Tenant agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business abide by all such rules and regulations so long as the same are uniformly enforced by Landlord against all other tenants in the Premises in the course of any such entryBuilding.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Ecollege Com)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (1) causing damage or injury to property, person or business on account of the damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesLeased Premises and shall not give rise to any claim for set-off or abatement of Rent or any other claim:
(a) A. To name the Building and Project and to change the name or street address of the Building or Project;Building.
(b) B. To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;elsewhere on the Property in accordance with then-current sign ordinances and safety codes. No sign, advertisement or notice referring to Tenant shall be inscribed, painted, affixed or otherwise displayed on any part of the exterior or the interior of the Buildings except on the directories and the doors of offices and such other areas as are designated by Landlord, and then only in such place, number, size, color and style as are approved by Landlord. All of Tenant's signs that are approved by Landlord shall be installed by Landlord at Tenant's cost and expense except as may be provided in Landlord's Work. If any sign, advertisement or notice that has not been approved by Landlord is exhibited or installed by Tenant, Landlord shall have the right to remove the same at Tenant's expense.
C. To decorate and also to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Property, or any part thereof, and for such purposes to enter upon the Leased Premises, upon prior written or verbal notice to Tenant (cunless Landlord, in its reasonable discretion, deems an emergency), and during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building, all without affecting any of Tenant's obligations hereunder, so long as the Leased Premises are reasonably accessible and usable.
D. To furnish door keys for the entry door(s) To have pass in the Leased Premises at the commencement of the Term and to retain at all times, and to use in appropriate instances, keys to the Premises and all doors within and into the Leased Premises, excluding subject to any applicable governmental regulations. Tenant agrees to purchase only from Landlord additional duplicate keys as required and change no locks and, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, to affix no locks on doors of or in the Leased Premises. Upon the expiration of the Term or Tenant’s 's right to possession Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Lease Premises, unless such disclosure is in violation of governmental regulations.
E. To designate and approve all blinds, curtains, drapes, shades, screens, lights, and ceilings such that when viewed from the exterior or public lobbies of the Building, the Building presents a uniform, attractive appearance. Tenant shall comply with all such reasonable standards prescribed by Landlord.
F. To reasonably approve, reasonably disapprove, and otherwise restrict and regulate the weight, size and location of safes, vaults and safesother heavy equipment and articles in and about the Leased Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Leased Premises only at such times and in such manner and using facilities in and about the Building as Landlord shall direct in writing; provided, however, that any such approval concerning safes and vaults in the Leased Premises shall not be unreasonably withheld, delayed or conditioned. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Leased Premises without the prior written consent of Landlord. Tenant shall not install any equipment of any type or nature that will or may necessitate any changes, replacements or additions to, or in the use of, the water system, heating system, plumbing system, air conditioning system or electrical system of the Leased Premises or the Building, without first obtaining the prior written consent of Landlord. Machines and equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Landlord or to any tenant in the Building shall be installed and maintained by Tenant, at Tenant's expense, upon Landlord's prior written approval, on vibration eliminators or other devices sufficient to reduce such noise and vibration to a level satisfactory to Landlord, in Landlord's reasonable discretion. Movement of Tenant's property into or out of the Building or Leased Premises and within the Building is entirely at the risk and responsibility of Tenant, except that Landlord shall be responsible forliable for damage or loss caused by the negligence or willful misconduct of Landlord, any Affiliate of Landlord, or any agent, employee, contractor, subcontractor or servant of Landlord or any such Affiliate, and reimburseLandlord reserves the right to require permits satisfactory to Landlord before allowing any property to be moved into or out of the Building or Leased Premises.
G. To establish controls and rules for the purpose of regulating all property and packages, indemnify both personal and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenantotherwise, to inspect be moved into or out of the PremisesBuilding and Leased Premises and all person using the Building after normal office hours, unless such controls or rules violate governmental regulations.
H. To regulate delivery and to service of supplies and the usage of the loading docks, receiving areas and freight elevators unless such regulation violates governmental regulations.
I. To show the Leased Premises to any all prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during tenants within the last six (6) months of the Term, and to purchasers or lenders at all reasonable times and, if the Leased Premises are vacated or abandoned, to show the Leased Premises to all prospective tenants thereof; andat all reasonable times.
J. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Leased Premises at reasonable locations provided that the same does not make the Leased Premises untenantable or interfere unreasonably with the Tenant's rights under Paragraph 26 of this Lease.
K. Upon prior verbal or written notice to Tenant (e) To unless Landlord, in its reasonable discretion deems an emergency), to enter the Lease Premises for at any reasonable time to inspect the purpose Leased Premises and to perform Landlord's obligations hereunder or under any lease to a tenant of making inspectionsthe Building (except janitorial services, repairswhich services shall be performed without prior notice and, alterationsunless otherwise requested by Tenant, additions or will be performed after hours). After the completion of the initial improvements to the Premises Leased Premises, Landlord shall give Tenant at least one day's prior oral or written notice of each entry except in an emergency.
L. To grant to any person or to reserve unto itself the Building (including, without limitation, checking, calibrating, adjusting exclusive right to conduct any business or balancing controls and other parts render any service in the Building. If in connection with the maintenance of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein's providing services required of it hereunder, any services or supplies are made available by Landlord or an Affiliate thereof, or Landlord arranges a master contract therefor, Tenant agrees to obtain its requirements therefor, if any, from Landlord or from the contractor under any such contract, provided that the charges therefor are comparable to the charges customarily charged by third parties in the market.
M. To control access to parking areas on the Property by means of "key cards" or otherwise, to reconfigure the parking areas, to close off parking areas and to designate certain on-site parking spaces as may be necessary reserved parking spaces, as long as there is adequate parking to satisfy the requirements of all applicable laws, ordinances, codes, rules and regulations of any governmental agency having jurisdiction of the Property.
N. To retain, or desirable for to grant to any person, exclusive right to use and/or lease the operation roof and the sidewalks, parking areas (except as otherwise provided herein) and other exterior areas of the Property.
O. To alter the boundaries of the Land, grant easements or improvement dedications regarding the Land, resubdivide the Land or to combine the Land with other lands.
P. To subject the Property to covenants, conditions and restrictions which are intended to ensure the harmonious and orderly use of the Building and to provide for the maintenance and upkeep of common areas, and this Lease shall be subject and subordinate to all such covenants and conditions now or in order hereafter imposed provided that they do not unreasonably interfere with Tenant's rights under Paragraph 26. Tenant agrees to comply observe and be bound by each and every covenant and restriction to which the Land is now subject or is hereinafter subjected, insofar as any such covenant or restriction affects the Leased Premises or Tenant's use thereof provided that they do not unreasonably interfere with laws, orders or requirements of governmental or other authorityTenant's rights under Paragraph 26. Landlord agrees to use its best efforts (except enforce the provisions of this Paragraph 21 in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entrya nondiscriminating manner.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Office Lease (Hagler Bailly Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 So long as this Lease is in full force and effect, Master Landlord reserves and Landlord shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing an actual damage or constructive eviction from the Premisesinjury to property, persons, or (2) disturbing business and without effecting an eviction, constructive or actual, or disturbance of Tenant’s -Is use or possession or giving rise to any claim for setoff or abatement of the PremisesRent:
(a) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
(b) To install install, affix, and maintain any and all signs on the exterior and interior of the Building and Project;Building.
(c) To have pass keys designate and approve, prior to the Premises and installation, all doors within the Premisestypes of window shades, excluding Tenant’s vaults and safesblinds, provideddrapes, howeverawnings, Landlord shall be responsible forwindow ventilators, and reimbursesimilar equipment, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result to control all internal lighting that may be visible from the exterior of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;Building.
(d) At any time during the TermTo designate, restrict, and on reasonable prior notice to Tenantcontrol all sources within the Building from which Tenant may obtain ice, to inspect the Premisesdrinking water, towels, toilet supplies, catering, food and to show the Premises to any prospective purchaser or mortgagee of the Projectbeverages, or to any assignee of any mortgage like or other services on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; andLeased Premises.
(e) To enter upon the Leased Premises at reasonable hours to inspect same or clean or make repairs or alterations (but without any obligation to do so, except as expressly provided for herein) or to show the purpose Leased Premises to prospective lenders or purchasers, and, during the last twelve (12) months of making inspectionsthe Lease Term, to show the Leased Premises to prospective tenants at reasonable hours and, if the Leased Premises are vacant, to prepare same for re-occupancy.
(f) To retain at all times, and to use in appropriate instances, keys to all doors within and into the Lease Premises. No locks shall be changed or added without the prior written consent of Landlord.
(g) To decorate and to make repairs, alterations, additions additions, changes, or improvements to the Premises improvements, whether structural or otherwise, in and about the Building (includingor any part thereof, without limitationand for such purposes to enter upon the Leased Premises and, checkingduring the continuance of any of said work, calibratingto temporarily close doors, adjusting entryways, public space, and corridors in the Building to interrupt or balancing controls temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the HVAC system)Building, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as the Leased Premises are reasonably accessible.
(h) To have and retain a paramount title to the Leased Premises free and clear of any act of Tenant purporting to burden or encumber them.
(i) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(j) To approve the weight, size, and to take all steps as may be necessary or desirable for location of safes and other heavy equipment and articles in and about the safety, protection, maintenance or preservation of the Leased Premises or and the Building or Landlord’s interest therein, or as may and to require all such items and furniture and similar items to be necessary or desirable for the operation or improvement moved into and out of the Building and Leased Premises only at such times and in such manner as Landlord shall direct in writing. Movements of Tenant's property into or in order to comply with laws, orders or requirements out of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in Building and within the course Building are entirely at the risk and responsibility of any such entry.
15.2 The Tenant and Landlord reserves the right in its sole to require permits before allowing such property to be moved into or out of the Building.
(k) To have access for Landlord and absolute discretion other tenants of the Building to include Phase II in any mail chutes or other depositories located on the Project after Phase II is completed, which will result in changes Leased Premises according to the Common Areas rules of the United States Postal Service.
(1) To take all such reasonable measures for the security of the Building and Tenant’s Pro Rata Share with respect its occupants, including without limitation, the search of all persons entering or leaving the Building, the evacuation of the Building for cause, suspected cause, or for drill purposes, the temporary denial of access to the ProjectBuilding, and the closing of the Building after regular working hours, i.e., 7:30 a.m. to 6:00 p.m. on business days and on Saturdays, Sundays, and legal holidays, subject, however, to Tenant's right to admittance when the Building is closed after regular working hours under such reasonable regulations as may be prescribed from time to time which may include by way of example but not of limitation, that persons entering or leaving the Building, whether or not during regular working hours, identify themselves to a security officer by registration or otherwise and that said persons establish their right to enter or leave the Building.
Appears in 1 contract
Sources: Office Sublease (Advancepcs)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing an actual damage or constructive eviction from the Premisesinjury to property, persons, or (2) disturbing business, and without effecting an eviction, constructive or actual, or disturbance of Tenant’s 's use or possession possession, or giving rise to any claim for set-off or abatement of the Premisesrent:
(a) To name the Building and Project and to change the name or street address of the Building or Project;
(b) To install install, affix, and maintain any and all signs on the exterior and interior of the Building excluding the Premises.
(b) To designate and Project;approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators, and other similar equipment, and to control all internal lighting that may be visible from the exterior of the Building.
(c) To have pass keys to the Premises designate, restrict and control all doors within locations from which Tenant may supply ice, drinking water, towels, toilet supplies, shoe shining, catering, food and beverages, or like or other services on the Premises, excluding Tenant’s vaults and safesin general to reserve to Landlord the exclusive right to designate, providedlimit, however, Landlord shall be responsible forrestrict, and reimburse, indemnify control any business and hold Tenant harmless from, any damages service in or liabilities incurred by Tenant as a result of entry into to the Premises by Landlord, Building and its agents, employees or contractors in connection with the use of such pass keys;tenants.
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the PremisesTo retain at all times, and to show use in appropriate instances, keys to all doors within and into the Premises Premises. No locks shall be changed or added without the prior written consent of Landlord. Landlord agrees to any prospective purchaser or mortgagee of obtain Tenant's prior consent to be admitted to Tenant's Data Center, except in the Project, or to any assignee event of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; andemergencies.
(e) To enter the Premises for the purpose of making inspections, to decorate and to make repairs, alterations, additions additions, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of such work, to temporarily close doors, entryways, public space, and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the access to the Premises is not eliminated or Tenant's operations on the Premises are not adversely affected. The above notwithstanding, Landlord shall not make any repairs, alterations, additions, changes or improvements to the Building which may require entry to Tenant's Data Center without first obtaining the written consent of Tenant, except in the event of any emergency.
(f) to have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber the Premises other than Tenant's interest under this Lease.
(g) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building.
(h) to approve the weight, size and location of heavy equipment and articles in and about the Premises and the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system)following a specific written request for such approval from Tenant prior to any such installation, and to take require all steps as may such items and furniture and similar items to be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement moved into and out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Movements of Tenant's property into or in order to comply with lawsout of the Building and within the Building are entirely at the risk and responsibility of Tenant, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The and Landlord reserves the right to require permits before allowing any such property to be moved into or out of the Building.
(i) to prohibit the placing of vending or dispensing machines of any kind in its sole and absolute discretion to include Phase II in or about the Project after Phase II is completed, which will result in changes to Premises without the Common Areas and Tenant’s Pro Rata Share with respect to the Projectprior written permission of Landlord.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice (except as expressly provided below in this Section) and without liability to Tenant for (1) causing damage or injury to property, person or business, and without effecting an actual eviction, construction or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesPremises or giving rise to any claim for set-off or abatement of Rent:
(a) To name the Building and Project and to change the name or street address of the Building; provided, however, that if the street address of the Building is changed and such change is not required by a governmental body or Projectauthority (including, without limitation, the City of Waukegan or the United States Postal Service), Landlord shall reimburse Tenant for all reasonable, out-of-pocket expenses incurred by Tenant in changing Tenant’s stationary and marketing materials and providing proper notification thereof in the ordinary course, to the extent reasonably required as a result of such address change;
(b) To install reasonably approve, prior to installation, window shades, blinds, drapes, awnings, window ventilators and maintain all signs on other similar equipment and lighting which are visible from the exterior and interior of the Building and ProjectPremises as being compatible with those used by buildings similarly situated;
(c) To have pass keys to show the Premises and all doors within to prospective tenants at reasonable hours during the Premiseslast nine (9) months of the Term (but not after a Renewal Option is exercised for a Renewal Term) and, excluding Tenant’s vaults and safesif vacated during such year, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into to prepare the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premisesfor re-occupancy, and to show the Premises to any prospective purchaser or mortgagee purchasers and lenders of the Project, or to Building at reasonable hours upon reasonable prior verbal notice at any assignee of any mortgage on time during the Project, or to others having an interest in the Project or LandlordTerm;
(d) To retain at all times, and during to use in appropriate emergency instances, keys to all doors within and into the last six months Premises. No locks shall be changed without the prior written consent of the Term, to show the Premises to prospective tenants thereof; andLandlord;
(e) To enter the Premises for the purpose of making inspections, decorate or to make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Property or the Building, or any part of any thereof, and for such purposes to enter upon the Premises upon reasonable prior verbal notice (except in an emergency, in which case no notice shall be necessary), and, during the continuance of any such work, to temporarily close roads, drives, doors, entryways, public space and corridors in the Property or the Building, and to interrupt or suspend temporarily Building services and facilities, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and such suspension or interruption or the length thereof does not materially affect the conduct of Tenant’s business. If the Premises or any material portion thereof is not reasonably accessible or such work materially affects Tenant’s business as a result of Landlord’s exercise of its rights under this subsection, and the length of such suspension or interruption is of a temporary nature for a reasonable period of time under the circumstances, as Tenant’s sole and exclusive remedy on account thereof, Rent shall a▇▇▇▇ on a per diem basis for each day the Premises, or such material portion thereof, is not reasonably accessible or Tenant’s business is materially affected; provided, however, that if only a material portion of the Premises is not reasonably accessible, the per diem abatement of Rent shall be equitably determined, which in most cases would be in an amount bearing the same ratio to the total amount of per diem Rent as the inaccessible portion of the Premises bears to the entire Premises;
(f) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(g) To prohibit the Building (includingplacing of vending or dispensing machines of any kind in or about the Premises, without limitation, checking, calibrating, adjusting except for vending or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable dispensing machines for the safetysole use of Tenant, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryemployees and invitees.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease (Coleman Cable, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for (1) causing damage or injury to property, persons or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession or giving rise to any claim or setoff or abatement of the Premises:rent or affecting any of Tenant's obligations hereunder'
(a) To name the Building and Project and to change the name or street address of by which the Building or Project;is designated upon four (4) months written notice to Tenant.
(b) To install decorate and maintain all signs on to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the exterior Building, or any part thereof, and interior for such purposes to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entry ways, public apace and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building and Project;Building, so long as the Premises are reasonably accessible.
(c) To have pass keys grant to anyone the exclusive right to conduct any business or render any service in or to the Premises and all doors within the PremisesBuilding, excluding Tenant’s vaults and safes, provided, however, Landlord provided such exclusive right shall be responsible for, and reimburse, indemnify and hold not operate to exclude Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with from the use of such pass keys;expressly permitted herein.
(d) At any time during To take all such reasonable measures as Landlord may deem advisable for the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee security of the ProjectBuilding and its occupants, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, including without limitation, checkingthe search of all persons entering or leaving the Building, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders and the closing of the Building after normal business hours and on Saturdays, Sundays and holidays' subject, however, to Tenant's right to admittance when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that person entering or requirements of governmental leaving the Building, whether or other authoritynot during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building. Notwithstanding the foregoing, Landlord agrees to use its best reasonable efforts (except in any emergency) while exercising the above rights, not to minimize interference materially interfere with the operation of Tenant’s business in the Premises in the course of any such entry's business.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Spacehab Inc \Wa\)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without liability to Tenant for notice (1except as expressly provided in this Lease) causing without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s use or possession or giving rise to any claim for set-off or abatement of Rent (except as expressly provided in this Lease):
(A) To require that all types of window shades, blinds, drapes, and other similar window coverings conform to the building standard specifications therefor delivered to Tenant. This Paragraph 21(A), however, shall not be applicable to any inner shades, blinds, drapes or window coverings that are separated from the exterior window pane by blinds, shades, drapes or window coverings conforming to the building standard specifications, so long as such inner shades, blinds, drapes or window coverings do not materially detract from the Class A nature and appearance of the Building. Landlord shall enforce said building standard specifications uniformly against all tenants and occupants of the Building.
(B) To grant to anyone the exclusive right to use the Retail Area of the Property for the retail sale of goods and services therefrom so long as any such exclusive right shall not operate to exclude Tenant from the Premises or from the office uses and related uses expressly permitted in Article 5 above, subject, however, to the terms of Paragraph 42(A) hereof. Landlord agrees that Landlord shall not hereafter confer upon any tenant or occupant of the Building any right to exclusive uses of the Building which will restrict Tenant’s (or any Transferee’s) use of the Premises for office, conference center or cafeteria purposes in compliance with this Lease.
(C) To approve (such approval not to be unreasonably withheld) the weight, size and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to overload the floors of the Premises:
(a) To name ), and to require all such items to be moved into and out of the Building and Project the Premises only at such times and in such manner as Landlord shall reasonably direct (provided that the foregoing terms of this Paragraph 21(C) shall not apply as to change the name initial Tenant Work, which shall instead be governed by the Workletter attached hereto). Tenant shall provide notice to Landlord prior to moving any such heavy equipment and bulky articles into or street address out of the Building, and shall pay to Landlord Landlord’s Actual Costs incurred in connection with the supervision thereof (provided that such notice and payment obligation shall not apply to the initial Tenant Work or to the initial tenant work in connection with any of Tenant’s Expansion Premises, First Proposal Space or Offer Space, as the case may be, which shall instead be governed by the Workletter and by the terms of Paragraphs 7 and 34 hereof, as applicable). Tenant shall not place a load upon any floor of the Premises that exceeds fifty (50) pounds per square foot “live load” (except that, with respect to the area on each floor of the Premises located within two hundred (200) feet of the core of the Building (and in any event not less than 1,000 square feet of Rentable Area in the aggregate on each such floor), such fifty (50) pound per square foot “live load” limitation shall be increased to two hundred (200) pounds per square foot “live load”), or Project;twenty (20) pounds per square foot “partition load,” without reinforcing (at Tenant’s sole cost and expense) any floors in the Premises or elsewhere in the Building as may be required in order to preserve the structural integrity of the Building, except to the extent such loads have been reviewed and approved by a structural engineer reasonably designated by Landlord and such loads have been determined to be consistent with the Building’s existing design capacities, or in order to comply with Laws, to handle any additional load (it being understood that any such reinforcing of the floors of the Building shall be subject to the terms and provisions of Article 7 hereof, or the Workletter if performed in connection with the performance of the Tenant Work); provided, Landlord shall, at Landlord’s sole cost and expense and as part of the Landlord Work hereunder, cause a rectangular area of approximately 7,000-10,000 square feet located on one (1) floor of the Initial Low-Rise Floors Premises, and additional areas of approximately 6,500 square feet located on each of up to three (3) additional floors of the Initial Low-Rise Floors Premises, to be reinforced to support two hundred (200) pounds per square foot “live load” in all such areas (i.e., all as more specifically referenced in Exhibit N attached hereto).
(bD) To temporarily limit or prevent access to the Property, shut down elevator service (without limiting the terms of Paragraph 23(B) hereof), activate elevator emergency controls, or otherwise take such action or preventative measures deemed reasonably necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, (i) in case of fire, invasion, insurrection, riot, civil disorder, terrorist act, public excitement or other dangerous condition, or threat thereof or any other Emergency Situation, or (ii) in order to perform any maintenance or repairs that require Building closure; so long as (except in Emergency Situations or as otherwise required by Law, in which event Landlord shall give Tenant such notice as is practical under the circumstances) Landlord shall give Tenant at least fifteen (15) Business Days’ prior written notice of Landlord’s intention to close the Building pursuant to this clause (ii) (and, except in case of an Emergency Situation or as otherwise required by Law, Landlord shall restrict any such closure pursuant to this clause (ii) to Saturday, Sunday or any Holidays). Tenant shall have the right (but only once with respect to any particular closure), by written notice given to Landlord within ten (10) Business Days after Tenant’s receipt of such notice from Landlord, to require Landlord to postpone such closure under clause (ii) above for up to thirty (30) days beyond the date set forth in Landlord’s notice (to the extent that such postponement does not give rise to an Emergency Situation and is permitted by applicable Laws). Landlord shall use commercially reasonable efforts to avoid taking any of the actions set forth in this Paragraph 21(D) and, if not possible using such commercially reasonable efforts, then to minimize the impact on Tenant and its use and occupancy of the Premises.
(E) To install and maintain all signs on pipes, ducts, and conduits above the exterior and interior hung ceiling of the Building Premises, provided that such pipes, ducts and Project;
conduits are located not less than eight inches (c8”) To have pass keys above the ceiling or in the base building columns or shafts in the Premises, to serve other parts or other tenants of the Building; provided that (i) except as part of the Landlord Work pursuant to the Landlord Work Plans approved by Landlord and Tenant pursuant to the Workletter, all pipes shall be installed in the columns or shafts of the Premises, (ii) no reduction in the usable area of the Premises results therefrom, (iii) no such installation or maintenance shall interfere (except to a de minimis extent) with Tenant’s use of the Premises for the conduct of its business and other rights and benefits under this Lease, (iv) any damage caused thereby to the Premises or Tenant’s property is promptly repaired at Landlord’s expense, (v) no access panels are required to access the pipes, ducts and all doors within conduits which are exposed in the occupied portions of the Premises, excluding and (vi) such installation does not materially adversely affect the aesthetics of the Tenant Work or the Premises, as reasonably determined by Tenant. All work in the Premises (and, to the extent commercially reasonable, all other work that would cause interference with the conduct of Tenant’s vaults business if performed during Regular Business Hours) under this Paragraph 21(E) shall be performed outside of Regular Business Hours.
(F) To decorate or to make alterations, additions, or improvements, structural or otherwise, in or to the Property, or any part thereof (including without limitation changes and safesreductions in corridors and other public areas and the installation of other structures, facilities, amenities and features therein); provided, however, Landlord that, except to the extent that Tenant shall have consented in writing thereto in advance or such action is required by applicable Laws or is otherwise expressly permitted under this Lease, in no event shall any such decorations, alterations, installations, additions or improvements in or to the Property: (a) be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into located in the Premises by Landlord, its agents, employees or contractors on any full floor in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show which the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest are located; (b) except as expressly permitted elsewhere in the Project or Landlord, this Lease (including Article 39 and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(eParagraph 6(Q) To enter the Premises for the purpose of making inspections, repairshereof) constitute material decorations, alterations, installations, additions or improvements to the Premises Main Lobby or the Building Plaza, (includingc) except as expressly permitted elsewhere in this Lease (including Article 39 hereof), without limitationbe made to the exterior (including the windows, checking, calibrating, adjusting or balancing controls mullions and other parts “skin”) of the HVAC system)Building, and to take all steps as may be necessary or desirable for the safetyMonument, protectionany Tenant Sign, maintenance or preservation the elevators of the Premises Building, or the Building or Landlord’s interest thereinstairways serving the Premises, or as may be necessary or desirable for the operation or improvement appearance of any of the foregoing; (d) adversely affect any Building Services to be provided by Landlord hereunder; (e) cause any increase in Net Rent, Additional Rent or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect on account thereof, or (f) otherwise adversely affect the character of the Building as a Class A office building; and provided, further, that no such decorations, alterations, installations, additions or improvements to the ProjectProperty shall in any way limit or otherwise affect any of Tenant’s rights, or Landlord’s duties and obligations, under this Lease; and provided, further, that except as expressly provided in this Lease (including Article 39 and Paragraph 6(Q) hereof) or as required by applicable Laws, Tenant shall have the right to require Landlord to remove and/or restore any non-material decorations, alterations, installations, additions or improvements in or to the Main Lobby or Plaza (at Landlord’s sole cost and expense, which shall not be included in Operating Expenses) made without the prior written consent of Tenant, in the event that Tenant determines (in its sole discretion) that the same are not consistent with a first class building or the overall design and appearance of the Property (it being acknowledged that any material decorations, alterations, installations, additions or improvements to the Main Lobby or Plaza not otherwise required by applicable Laws shall require Tenant’s prior consent, as provided above). In connection with any repairs, maintenance, improvements or alterations, in or about the Property, required or permitted to be made by Landlord under this Lease, Landlord may temporarily erect scaffolding and other structures reasonably required, and may temporarily close public entry ways, other public areas, restrooms, stairways or corridors, so long as Tenant continues to have access to the Premises at all times (subject to Emergency Situations or other matters that are described in Paragraph 21(D) or are beyond the reasonable control of Landlord). Landlord shall take commercially reasonable steps to minimize any interference with Tenant’s access to the Premises and its operations therein resulting from any actions taken by Landlord under this Article 21. Any work to be performed in the Premises shall be performed in accordance with the provisions of Article 17.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves waives no rights, except those that may be specifically and expressly waived pursuant to the terms of this Lease, and explicitly retains all other rights, including, without limitation, the following rights, exercisable each of which Landlord may exercise without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the Premises (provided that Landlord shall use its best efforts to avoid any material interference with Tenant's use and enjoyment of the Premises) and shall not give rise to any claim for set-off or abatement of Rent or any other claim:
(a) 18.1. To name the Building and Project and to change the name or street address of the Building or Project;
(b) To install install, affix and maintain any and all signs which comport with the character of a first class building on the exterior and on the interior of the Centerpointe II Building or on the exterior or interior of the Centerpointe I Building if Tenant is no longer the largest tenant of the Centerpointe I Building.
18.2. To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and Project;
(c) To have pass keys about the Buildings, or any part thereof, and for such purposes to enter upon the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors (in connection accordance with the use terms of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or LandlordArticle 17 above), and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Buildings and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable.
18.3. To furnish door keys for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises (except as provided below). Tenant agrees to change no locks, and not to affix locks on doors without the prior written consent of the Landlord, which consent Landlord will not unreasonably withhold or delay so long as Tenant gives to Landlord duplicate keys for any changed locks (subject to any security requirements for Tenant's clients, which may prohibit delivery of duplicate keys for portions of the Premises). Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises. Tenant shall have the right to install an access-control system for the Premises (including interior areas within the Premises), which may be separate from Landlord's access-control system for the Buildings or may be an extension of Landlord's system (at Tenant's expense) to cover the Premises so long as such system does not interfere with the other access control systems for the Buildings and does not limit Landlord's access to the Premises as permitted under Article 17 above. If Tenant extends Landlord's access-control system for the Buildings to cover the Premises, Landlord shall not thereafter replace the Buildings' access-control system or change it in a way that impairs the functioning of Tenant's system without Tenant's prior written approval which approval shall not be unreasonably withheld or delayed.
18.4. To approve all window coverings used in the Buildings.
18.5. To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Buildings so as not to exceed the legal load per square foot designated by the structural engineers for the Buildings, and to require all such items and furniture and similar items to be moved into or out of the Buildings and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use, as limited by the Permitted Use, of the Premises without the prior written consent of Landlord. Movements of Tenant's property into or out of the Buildings or Premises and within the Buildings are entirely at the risk and responsibility of Tenant.
18.6. To regulate (pursuant to reasonable rules and regulations) delivery of supplies and the usage of the loading docks, receiving areas and freight elevators.
18.7. To enter the Premises in accordance with Article 17, and in the last six months year of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project at reasonable times after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.reasonable prior
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesLeased Premises nor shall such exercise give rise to any claim for set-off or abatement of rent or any other claim:
(a) A. To name the Building and Project and to change the name or street address of the Building or Project;Building.
(b) B. To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;
(c) To have pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage elsewhere on the Project, or Property.
C. To decorate and also to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, make repairs, alterations, additions additions, or improvements to improvements, whether structural or otherwise, in and about the Premises Property, or the Building any part thereof (including, without limitation, checking, calibrating, adjusting alterations in locations or balancing controls and other parts configurations of any common areas of the HVAC systemBuilding), and for such purposes to take enter upon the Leased Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all steps without affecting any of Tenant’s obligations hereunder, so long as may be necessary the Leased Premises are reasonably accessible and usable.
D. To furnish door keys or desirable other entry devices for the safety, protection, maintenance or preservation entry door(s) in the Leased Premises at the commencement of the Term and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Leased Premises.
E. To designate and approve all window coverings used in the Building.
F. To approve the weight, size and location of safes, vaults, computers, word processing equipment and other heavy equipment and articles in and about the Leased Premises or and the Building or Landlord’s interest therein, or so as may be necessary or desirable not to exceed the legal live load per square foot designated by the structural engineers for the operation Building, and to require all such items and furniture and similar items to be moved into or improvement out of the Building and Leased Premises only at such times and in such manner as Landlord shall direct in writing.
G. To establish controls and rules for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Leased Premises and all persons using the Building after normal office hours.
H. To regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
I. To show the Leased Premises to prospective tenants at reasonable times and, if vacated or abandoned, to show the Leased Premises at any time and to prepare the Leased Premises for re-occupancy.
J. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in order and through the Leased Premises at reasonable locations.
K. To enter the Leased Premises at any reasonable time to comply with inspect the Leased Premises.
L. To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building, including, without limitation, janitorial services.
M. To control access to parking areas on the Property by means of “key cards” or otherwise, to reconfigure the parking areas, to close off parking areas and to designate certain on-site parking spaces as reserved parking spaces, as long as there is parking which is adequate to satisfy the requirements of all applicable laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course ordinances, codes, rules and regulations of any such entrygovernmental agency having jurisdiction of the Property.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Stockeryale Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and, except for Landlord's gross negligence or willful misconduct, without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
(a) To name the Building and Project and to change the Building's name or or, only if required by the United States Postal Service, street address of the Building or Projectaddress;
(b) To install to install, affix and maintain any and all signs on the exterior and on the interior of the Building and Projectsubject to Tenant's signage rights under this Lease;
(c) To have pass keys to decorate or to make changes, repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the Premises configuration of any common areas and all doors within the elimination of any immaterial portion of common areas), in and about the Building and Property or any part thereof, and for such purposes to enter upon the Premises, excluding Tenant’s vaults and safesduring the continuance of any of said work, providedto temporarily close doors, howeverentry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities; but Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, endeavor to perform any damages such work in or liabilities incurred by Tenant as a result of entry into about the Premises by Landlord, its agents, employees or contractors in connection with so as to cause the use of such pass keysminimum inconvenience to Tenant practicable under the circumstances;
(d) At any time during to designate and approve all window coverings used in the TermBuilding;
(e) to approve, disapprove or restrict the weight, size and on reasonable prior notice location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to Tenant, to inspect exceed the Premiseslive load per square foot of fifty (50) pounds designated by the structural engineers for the Building, and to show require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises to any prospective purchaser without the prior written consent of Landlord. Tenant's movements of property into or mortgagee out of the Project, Building or to any assignee Premises and within the Building are entirely at the risk and responsibility of any mortgage on the Project, or to others having an interest in the Project or LandlordTenant, and during Landlord reserves the last six months right to reasonably require permits before allowing any property to be moved into or out of the TermBuilding or Premises;
(f) to establish reasonable controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours;
(g) to reasonably regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and to avoid congestion of the loading docks, receiving areas and freight elevators;
(h) to show the Premises to prospective tenants thereofat reasonable hours during the last twelve months of the Term and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy;
(i) to erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations so as not to permanently interfere with Tenant's use and enjoyment of the Premises in any material respect; provided Landlord shall use all reasonable efforts to minimize the interruption of Tenant's use and enjoyment of the Premises and any work within the Premises shall, unless otherwise consented to by Tenant, be completed during non-Business Hours; and
(ej) To to enter the Premises for at any reasonable time upon reasonable verbal notice to inspect the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryPremises.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (KBS Real Estate Investment Trust II, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (1) causing damage or injury to property, person or business, and without effecting an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the Premises, nor giving rise to any claim for setoff or abatement of Rent or affecting any of Tenant's obligations under this Lease:
(a) To name decorate and to make inspections, repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Building during Normal Business Hours, and if Tenant desires to have such work performed at times other than during Normal Business Hours, Tenant shall pay all overtime and additional expenses relating to such work; to enter upon the Premises after giving Tenant at least 24 hours’ prior written notice except in the case of an emergency or the threat of imminent danger to persons or property, in which event no prior notice will be required, and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Building; and, after giving Tenant at least forty-eight (48) hours prior written notice, to interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord so long as such interruption or temporary suspension is for the maintenance or repair of the Building and Project the duration of such maintenance or repair is not commercially unreasonable, all without the same constituting an eviction of Tenant in whole or in part and to change the name without abatement of Rent by reason of loss or street address interruption of the Building business of Tenant or Projectotherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant's obligations under this Lease; provided, however, reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with unreasonably;
(b) To change the name and street address of the Building, and to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building;
(c) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
(d) Upon prior oral notice to Tenant, which Landlord shall endeavor to provide at least twenty-four (24) hours prior to entry, to enter the Premises during reasonable hours (i) at any time during the Term to show the Premises to prospective purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re-occupancy at any time after Tenant vacates or abandons the Premises;
(e) Upon prior written notice to Tenant, to relocate Tenant within the Building to new space (the "Relocation Space") which is comparable in size, utility and condition to the Premises. Such relocation will be effective on a date specified by Landlord, which date will not be less than ninety (90) days after Landlord's notice. If Landlord relocates Tenant, ▇▇▇▇▇▇▇▇ will reimburse Tenant, upon demand, for all of Tenant's reasonable out-of-pocket expenses directly related to ▇▇▇▇▇▇'s move to the Relocation Space. Upon such relocation, the Relocation Space will be deemed to be the Premises, the terms of the Lease will remain in full force and apply to the Relocation Space, and Landlord and Tenant agree to execute an amendment to this Lease confirming such relocation of Tenant to the Relocation Space within thirty (30) days after ▇▇▇▇▇▇ takes possession of the Relocation Space;
(f) To maintain within the lobby of the Building a directory containing a standard listing with Tenant’s name;
(g) To install and maintain all signs on the exterior and interior of the Building and ProjectBuilding;
(ch) To have prescribe and approve in advance the location and style of any suite number and identification sign or lettering on the door to the Premises occupied by Tenant, the cost of which signage shall be borne by Tenant;
(i) To retain at all times and to use in appropriate instances pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(dj) At To grant to anyone the right to conduct any time during business or render any service in the TermBuilding, whether or not it is the same as or similar to the use expressly permitted to Tenant in Section 7 above;
(k) To have access for Landlord and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee other tenants of the Project, or Building to any assignee of any mortgage on all mail chutes according to the Project, or to others having an interest in the Project or Landlord, and during the last six months rules of the Term, to show the Premises to prospective tenants thereof; andUnited States Post Office;
(el) To enter the Premises at any time for the purpose of making inspectionsreasonable purposes, repairs, alterations, additions including supplying janitor service or improvements other service to the Premises be provided to Tenant under this Lease;
(m) To require all persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting during such hours as Landlord may from time to time determine to identify themselves to watchmen or balancing controls and other parts of the HVAC system)security personnel by registration or otherwise, and to establish their right to enter or leave the Building; provided ▇▇▇▇▇▇▇▇ will not be liable in damages for any error with respect to admission to or eviction or exclusion of any person from the Building. In case of fire, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right to limit or prevent access to the Building during the continuance of same, shut down elevator service, activate elevator emergency controls, or otherwise take all steps as may be such action or preventive measures deemed necessary or desirable by Landlord for the safety, protection, maintenance or preservation safety of the Premises tenants or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement other occupants of the Building or the protection of the Building and the property in order the Building. Tenant agrees to comply with lawscooperate in any reasonable safety program developed by Landlord; and
(n) From time to time to make and adopt such reasonable rules and regulations, orders or requirements of governmental in addition to or other authority. than or by way of amendment or modification of the rules and regulations contained in Exhibit B attached to this Lease or other sections of this Lease, for the protection and welfare of the Building, its tenants and occupants, as Landlord may determine, and ▇▇▇▇▇▇ agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any abide by all such entryrules and regulations.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves waives no rights, except those that may be specifically and expressly waived pursuant to the terms of this Lease, and explicitly retains all other rights, including, without limitation, the following rights, exercisable each of which Landlord may exercise without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the Premises (provided that Landlord shall use its best efforts to avoid any material interference with Tenant's use and enjoyment of the Premises) and shall not give rise to any claim for set-off or abatement of Rent or any other claim:
(a) 18.1. To name the Building and Project and to change the name or street address of the Building or Project;
(b) To install install, affix and maintain any and all signs which comport with the character of a first class building on the exterior and on the interior of the Centerpointe II Building or on the exterior or interior of the Centerpointe I Building if Tenant is no longer the largest tenant of the Centerpointe I Building.
18.2. To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and Project;
(c) To have pass keys about the Buildings, or any part thereof, and for such purposes to enter upon the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors (in connection accordance with the use terms of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or LandlordArticle 17 above), and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Buildings and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable.
18.3. To furnish door keys for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises (except as provided below). Tenant agrees to change no locks, and not to affix locks on doors without the prior written consent of the Landlord, which consent Landlord will not unreasonably withhold or delay so long as Tenant gives to Landlord duplicate keys for any changed locks (subject to any security requirements for Tenant's clients, which may prohibit delivery of duplicate keys for portions of the Premises). Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises. Tenant shall have the right to install an access-control system for the Premises (including interior areas within the Premises), which may be separate from Landlord's access-control system for the Buildings or may be an extension of Landlord's system (at Tenant's expense) to cover the Premises so long as such system does not interfere with the other access control systems for the Buildings and does not limit Landlord's access to the Premises as permitted under Article 17 above. If Tenant extends Landlord's access-control system for the Buildings to cover the Premises, Landlord shall not thereafter replace the Buildings' access-control system or change it in a way that impairs the functioning of Tenant's system without Tenant's prior written approval which approval shall not be unreasonably withheld or delayed.
18.4. To approve all window coverings used in the Buildings.
18.5. To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Buildings so as not to exceed the legal load per square foot designated by the structural engineers for the Buildings, and to require all such items and furniture and similar items to be moved into or out of the Buildings and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use, as limited by the Permitted Use, of the Premises without the prior written consent of Landlord. Movements of Tenant's property into or out of the Buildings or Premises and within the Buildings are entirely at the risk and responsibility of Tenant.
18.6. To regulate (pursuant to reasonable rules and regulations) delivery of supplies and the usage of the loading docks, receiving areas and freight elevators.
18.7. To enter the Premises in accordance with Article 17, and in the last six months year of the Term, to show the Premises to prospective tenants thereof; at reasonable times after reasonable prior notice to Tenant and, if abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy.
(e) 18.8. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.
18.9. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements in accordance with Article 17 at any reasonable time to inspect the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps make repairs or alterations as may be necessary Landlord deems necessary, with due diligence and minimum disturbance.
18.10. To grant to any person or desirable for to reserve unto itself the safety, protection, maintenance right to conduct any business or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in render any emergency) to minimize interference with Tenant’s business service in the Premises in the course of any such entryBuildings.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To Subject to the terms and provisions of Section 6.6, to decorate (other than in the Premises) and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises following reasonable verbal notice to Tenant (except in cases of emergencies where no prior notice shall be required); Tenant shall be entitled to have a representative accompany Landlord on any such inspections and to observe all such work. During the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; to change the name of the Building and Project and/or the Retail Parcel; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or Project;Building. In the exercise of such rights, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's business operations.
(b) To install take such reasonable measures as Landlord deems advisable for the security of the Retail Parcel and maintain all signs on the exterior and interior of the Building and Project;their occupants; evacuating the Retail Parcel and Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Retail Parcel and/or the Building; and closing the Retail Parcel and/or Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Retail Parcel, or Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time; and
(c) To have pass keys to enter the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on following reasonable prior verbal notice to Tenant, to inspect the Premises, a representative of Tenant and during business hours to show the Premises (i) to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlordpurchasers and lenders, and (ii) during the last six nine (9) months of the Term, to show the Premises any prospective tenants. Tenant shall be entitled to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls have a representative accompany Landlord and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entrythird parties, but shall not be entitled to require Landlord to change the time or date of same.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease Agreement (Privatebancorp Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing an actual damage or injury to property, person or business and without effecting any eviction, constructive eviction from the Premisesor actual, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises or giving rise to any claim for compensation or for set-off, deduction, diminution or abatement of monthly Rent or other sums payable by Tenant hereunder:
(a1) To name the Building and Project and to change upon ninety (90) days written notice to Tenant the name or street and/or address of the Building or Projectof the Office Campus;
(b2) To install to approve all signage for the exterior or interior of the Building, to approve the location of said signage, and to install, affix and maintain any and all signs on the exterior and or interior of the Building and ProjectBuilding;
(c3) To have pass keys to designate and approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and similar items, to prohibit placement of items on window ▇▇▇▇▇ or furniture in front of windows, which, in Landlord's reasonable judgment, adversely affect the Premises and all doors within exterior appearance of the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible forOffice Campus, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result to control all interior lighting that may be visible from the exterior of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keysOffice Campus;
(d4) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Office Campus, or any part thereof, and for such purposes to enter the Premises and, during the continuance of any such work, to temporarily close doors, entry ways, common or public spaces and corridors in the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take interrupt or temporarily suspend Building services and facilities, all steps without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible; and
(5) to retain absolute dominion and control over all common or public space within the Office Campus, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein, it being understood that all such areas that Tenant is permitted to use and occupy are to be used and occupied under a revocable license and Landlord may diminish such areas in size without being subject to any liability; and
(6) to close the Building after work hours or on legal holidays subject, however, to Tenant's right to admittance, under such reasonable regulations as Landlord may prescribe; and
(7) to establish identification and admittance procedures for the Building and Office Campus as may be necessary or desirable for the operational safety, protectionsecurity, maintenance efficiency or preservation of convenience; and
(8) to retain at all times passkeys or security codes to the Premises Premises; and
(9) to grant the exclusive right to conduct any particular business or service in the Building or Landlord’s interest therein, or as may be necessary or desirable for on the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryOffice Campus.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing damage or injury to property, persons or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession or giving rise to any claim for setoff or abatement of the Premisesrent:
(a) To name decorate and make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter the leased premises and, during the continuance of any such work to temporarily close doors, entry-ways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and Project facilities and to change the name arrangement and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building Building, all without abatement of rent or Project;affecting any of Tenant's obligations hereunder, so long as the premises are reasonably accessible.
(b) To install have and maintain all signs on retain a paramount title to the exterior leased premises free and interior clear of the Building and Project;any act of Tenant purporting to burden or encumber them.
(c) To have pass keys grant to anyone the exclusive right to conduct any business or render any service in or to the Premises and all doors within the PremisesBuilding, excluding Tenant’s vaults and safes, provided, however, Landlord provided such exclusive right shall be responsible for, and reimburse, indemnify and hold not operate to exclude Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with from the use of such pass keys;expressly permitted herein.
(d) At any time during To prohibit the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser placing of vending or mortgagee of the Project, or to any assignee dispensing machines of any mortgage on kind in or about the Project, or to others having an interest in premises without the Project or prior written permission of Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and.
(e) To enter have access for Landlord and other tenants of the Premises Building to any mail chutes located on the premises according to the rules of the United States Postal Service.
(f) To take all such reasonable measures as Landlord may deem advisable for the purpose security of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (includingand its occupants, including without limitation, checkingthe search of all persons entering or leaving the Building, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order to comply with lawsfor drill purposes, orders or requirements the temporary denial of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes access to the Common Areas Building, and the closing of the Building after normal business hours and on Saturdays, Sundays and holidays, subject, however, to Tenant’s Pro Rata Share with respect 's right to admittance when the ProjectBuilding is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example but not of limitation, that persons entering or leaving the Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building.
Appears in 1 contract
Sources: Office Building Lease Agreement (Rackspace Com Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing damage or injury to property, person or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s use or possession or giving rise to any claim for Set-off or abatement of the PremisesRent:
(a) To name decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Premises, the Building and/or the Park, or any part thereof, and Project for such purposes to enter upon the Premises, the Building or other parts of the Park and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Premises, the Building or other parts of the Park, to store materials in the Premises, to interrupt or temporarily suspend Building services and facilities, to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, and to change the name arrangement and location of all parking areas, sidewalks and driveways situated upon the Land or street address elsewhere in the Park, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Building or Project;Premises are reasonably accessible. Landlord will use its best efforts to effect such changes without unnecessarily disrupting Tenant’s operations.
(b) To install and maintain all signs on grant to anyone the exterior and interior of exclusive right to conduct any business or render any service in or to the Building and Project;Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(c) To have pass keys to prohibit the placing of vending or dispensing machines of any kind in or about the Premises and all doors within without the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result prior written permission of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;.
(d) At any time during To take all such reasonable measures as Landlord may deem advisable for the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee security of the ProjectProperty and its occupants, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders or requirements and the closing of governmental or other authority. Landlord agrees the Building after Customary Business Hours and on Saturdays, Sundays and Holidays, subject, however, to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in right to admittance when the Premises in Building is closed after Customary Business Hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or leaving the course of any Building, whether or not during Customary Business Hours, use a pass key, or identify themselves to a security officer by registration or otherwise and that such entrypersons establish their right to enter or leave the Building.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (1) causing damage or injury to property, person or business, and without effecting an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the Premises, nor giving rise to any claim for setoff or abatement of Rent or affecting any of Tenant's obligations under this Lease:
(a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; and to change interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the name same constituting an eviction of Tenant in whole or street address in part and without abatement of Rent by reason of loss or interruption of the Building business of Tenant or Projectotherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant's obligations under this Lease; provided, however, reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with unreasonably;
(b) To change the name and street address of the Building, and to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building;
(c) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
(d) Upon prior oral notice to Tenant, to enter the Premises during reasonable hours (i) at any time during the Term to show the Premises to prospective purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises;
(e) Upon prior written notice to Tenant, to relocate Tenant within the Building to new space (the "RELOCATION SPACE") which is comparable in size, utility and condition to the Premises. Such relocation will be effective on a date specified by Landlord, which date will not be less than ninety (90) days after Landlord's notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant's reasonable out-of-pocket expenses directly related to Tenant's move to the Relocation Space. Upon such relocation, the Relocation Space will be deemed to be the Premises, the terms of the Lease will remain in full force and apply to the Relocation Space, and Landlord and Tenant agree to execute an amendment to this Lease confirming such relocation of Tenant to the Relocation Space within twenty (20) days after Tenant takes possession of the Relocation Space;
(f) To maintain within the lobby of the Building a directory containing a standard listing with Tenant's name;
(g) To install and maintain all signs on the exterior and interior of the Building and ProjectBuilding;
(ch) To have prescribe and approve in advance the location and style of any suite number and identification sign or lettering on the door to the Premises occupied by Tenant, the cost of which signage shall be borne by Tenant;
(i) To retain at all times and to use in appropriate instances pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(dj) At To grant to anyone the right to conduct any time during business or render any service in the TermBuilding, whether or not it is the same as or similar to the use expressly permitted to Tenant in Section 7 above;
(k) To have access for Landlord and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee other tenants of the Project, or Building to any assignee of any mortgage on all mail chutes according to the Project, or to others having an interest in the Project or Landlord, and during the last six months rules of the Term, to show the Premises to prospective tenants thereof; andUnited States Post Office;
(el) To enter the Premises at any time for the purpose of making inspectionsreasonable purposes, repairs, alterations, additions including supplying janitor service or improvements other service to the Premises be provided to Tenant under this Lease;
(m) To require all persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting during such hours as Landlord may from time to time determine to identify themselves to watchmen or balancing controls and other parts of the HVAC system)security personnel by registration or otherwise, and to establish their right to enter or leave the Building; provided Landlord will not be liable in damages for any error with respect to admission to or eviction or exclusion of any person from the Building. In case of fire, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right to limit or prevent access to the Building during the continuance of same, shut down elevator service, activate elevator emergency controls, or otherwise take all steps as may be such action or preventive measures deemed necessary or desirable by Landlord for the safety, protection, maintenance or preservation safety of the Premises tenants or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement other occupants of the Building or the protection of the Building and the property in order the Building. Tenant agrees to comply with lawscooperate in any reasonable safety program developed by Landlord; and
(n) From time to time to make and adopt such reasonable rules and regulations, orders or requirements of governmental in addition to or other authority. than or by way of amendment or modification of the rules and regulations contained in Exhibit A attached to this Lease or other sections of this Lease, for the protection and welfare of the Building, its tenants and occupants, as Landlord may determine, and Tenant agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any abide by all such entryrules and regulations.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Provided that the exercise of such rights does not unreasonably interfere with Tenant's occupancy of the Premises, and upon reasonable advance notice provided by Landlord reserves to Tenant (except in case of emergency), Landlord shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To name to decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; for such purposes, to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and Project facilities (Landlord shall use reasonable efforts to complete any work requiring the suspension of Building services and facilities during off-business hours when reasonably and commercially practicable to do so); and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or ProjectBuilding;
(b) To install and maintain all signs on to take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Projectits occupants, including without limitation searching all items entering or leaving the Building; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Saturdays, Sundays, and Holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example, but not of limitation, that persons entering or leaving the Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building;
(c) To have pass keys to change the Premises and all doors within name by which the Premises, excluding Building is designated (but not Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;signage); and
(d) At upon reasonable advance notice (which shall be a minimum of four (4) hours), to enter the Premises during Tenant’s regular business hours (or at any time during the Term, and on reasonable prior notice to when accompanied by a representative of Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, ) to show the Premises to prospective tenants thereof; and
purchasers, lenders, or prospective tenants. Except in the event of an emergency, Tenant shall have an opportunity to have a Tenant representative accompany Landlord during such entry into the Premises. As used in this Section 21(d), the phrase “Tenant shall have an opportunity to have a Tenant representative accompany Landlord” shall mean that Landlord shall provide at least four (e4) To hours prior advance notice Tenant of Landlord’s intention to enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements (which notice must be delivered by email communication to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC systemfollowing email address: ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇), and at a specified time, for which entry time Tenant may provide a representative to take all steps as may accompany Landlord during such entry. However, Landlord shall not be necessary or desirable for the safety, protection, maintenance or preservation of prohibited from entering the Premises or if Tenant fails to provide an escort at the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authorityappointed time. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves Tenant shall have the right in its sole and absolute discretion to include Phase II in change the Project after Phase II is completed, which will result in changes contact address noted above upon written notice to the Common Areas and Tenant’s Pro Rata Share with respect to the ProjectLandlord.
Appears in 1 contract
Sources: Lease Agreement (ReachLocal Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
(a) To name the Building and Project and to change the Building's name or street address of the Building or Projectprovided Tenant is notified at least 60 days prior to any such change;
(b) To install to install, affix and maintain any and all signs on the exterior and on the interior of the Building and ProjectBuilding;
(c) To have pass keys to decorate or to make changes, repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the configuration of, and elimination of, any common areas), in and about the Building and Property or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities; but Landlord shall endeavor to perform any such work in or about the Premises so as to cause the minimum inconvenience to Tenant practicable under the circumstances and shall use reasonable efforts to perform such work in or about the Building in such a manner as to ensure continued access to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result availability of entry into the Premises by Landlord, its agents, employees or contractors in connection with common areas (including the use of such pass keysParking Garage);
(d) At any time during to reasonably designate and reasonably approve all window coverings used in the TermBuilding;
(e) to approve, disapprove or restrict the weight, size and on reasonable prior notice location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to Tenant, to inspect exceed the Premiseslive load per square foot designated by the structural engineers for the Building, and to show require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises to any prospective purchaser without the prior written consent of Landlord. Tenant's movements of property into or mortgagee out of the Project, Building or to any assignee Premises and within the Building are entirely at the risk and responsibility of any mortgage on the Project, or to others having an interest in the Project or LandlordTenant, and during Landlord reserves the last six months right to require permits before allowing any property to be moved into or out of the TermBuilding or Premises provided that any such requirement shall be made generally applicable to all tenants, not just Tenant;
(f) to establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours;
(g) to regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and to avoid congestion of the loading docks, receiving areas and freight elevators;
(h) to show the Premises to prospective tenants thereofat reasonable business hours upon reasonable prior oral notice to Tenant during the last twelve months of the Term and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy;
(i) to erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations, provided Landlord takes reasonable efforts to minimize the interference with Tenant's use and enjoyment and access of the Premises; and
(ej) To to enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts at any reasonable time upon reasonable prior oral notice (except in any emergencyan emergency when no notice shall be required) to minimize interference with Tenant’s business in inspect the Premises in the course of any such entryPremises.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
(a) To name the Building and Project and to change the Building's name or street address of the Building or Projectaddress;
(b) To install to install, affix and maintain any and all signs on the exterior and on the interior of the Building and ProjectBuilding;
(c) To have pass keys to decorate or to make changes, repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the Premises configuration of, and all doors within elimination of, any common areas), in and about the Building and Property or any part thereof, and for such purposes to enter upon the Premises, excluding Tenant’s vaults and safesduring the continuance of any of said work, providedto temporarily close doors, howeverentry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities; but Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, endeavor to perform any damages such work in or liabilities incurred by Tenant as a result of entry into about the Premises by Landlord, its agents, employees or contractors in connection with so as to cause the use of such pass keysminimum inconvenience to Tenant practicable under the circumstances;
(d) At any time during to designate and approve all window coverings used in the TermBuilding;
(e) to approve, disapprove or restrict the weight, size and on reasonable prior notice location or safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to Tenant, to inspect exceed the Premiseslive load per square foot designated by the structural engineers for the Building, and to show require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises to any prospective purchaser without the prior written consent of Landlord. Tenant's movements of property into or mortgagee out of the Project, Building or to any assignee Premises and within the Building are entirely at the risk and responsibility of any mortgage on the Project, or to others having an interest in the Project or LandlordTenant, and during Landlord reserves the last six months right to require permits before allowing any property to be moved into or out of the TermBuilding or Premises;
(f) to establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours;
(g) to regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and to avoid congestion of the loading docks, receiving areas and freight elevators;
(h) to show the Premises to prospective tenants thereofat reasonable hours during the last twelve months of the Term and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy;
(i) to erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations; and
(ej) To to enter the Premises for at any reasonable time to inspect the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryPremises.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following ----------------------------------- rights, exercisable without notice (except as expressly provided below) and, except to the extent that any loss, injury or damage is suffered as a result of the gross negligence or willful misconduct of Landlord or any of its agents, employees or contractors, without liability to Tenant for (1) causing damage or injury to property, person or business, and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises or giving rise to any claim for set-off or abatement of Rent:
(a) To name the Building and Project and to change the name or street address of the Building or Projectwith at least ninety (90) days' written notice to Tenant;
(b) To install install, affix and maintain any and all signs within and on the exterior and interior of the Building (excluding the exterior portion of the Building where the Premises is located) and Projecton the Land;
(c) To have pass keys designate and/or approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to control all internal lighting that may be visible from the Premises and all doors within exterior of the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during To show the Term, and on Premises to prospective tenants at reasonable hours upon at least one business day's prior verbal notice to Tenant's Representative or Tenant's site manager at the Premises during the last nine (9) months of the Term and, if abandoned during such year, to inspect prepare the PremisesPremises for re-occupancy, and to show the Premises to any prospective purchaser or mortgagee purchasers and lenders of the Project, Building at reasonable hours upon at least one (1) business days prior verbal notice to Tenant's Representative or to Tenant's site manager at the Premises at any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and time during the last six months of the Term, to show the Premises to prospective tenants thereof; and;
(e) To enter retain at all times, and to use in appropriate instances upon at least one (1) business day's prior verbal notice (except in cases of emergency in which case no notice shall be necessary) to Tenant's Representative or Tenant's site manager at the Premises for Premises, keys to all doors (except secure areas) within and into the purpose Premises. No locks shall be changed without the prior written consent of making inspections, Landlord;
(f) To decorate or to make repairs, alterations, additions additions, or improvements improvements, whether structural or otherwise, in and about the Building or the Property, or any part thereof, and for such purposes to enter upon the Premises upon at least one (1) business days prior verbal notice to Tenant's representative or Tenant's site manager at the Premises (except in an emergency, in which case no notice shall be necessary), and during the continuance of any such work, to temporarily close roads, drives, doors, entryways, public space and corridors in the Building or on the Property, and to interrupt or suspend temporarily Building services and facilities, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and, Landlord shall use reasonable efforts to minimize any disruption to Tenant's business;
(g) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(h) In its reasonable discretion, to grant to anyone the exclusive right to conduct any business or render any service in or to the Property, provided such exclusive right shall not operate to affect any of Tenant's rights under this Lease;
(i) To approve the location of equipment and articles in and about the Premises and the Building so as not to exceed the legal live load; and
(includingj) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises, without limitation, checking, calibrating, adjusting except for vending or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable dispensing machines for the safetysole use of Tenant and its employees. In connection with any action by or on behalf of Landlord performed pursuant to this ▇▇▇▇▇▇▇▇▇ ▇▇, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to ▇▇▇▇▇▇▇▇ shall use its best reasonable efforts (except in any emergency) to minimize interference with any disruption to Tenant’s 's business in the Premises in the course of caused by any such entryaction.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease (Omnicell Com /Ca/)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (1) causing damage or injury to property, person or business, and without effecting an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s use or possession of the Premises, nor giving rise to any claim for setoff or abatement of Rent or affecting any of Tenant’s obligations under this Lease:
(a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises following reasonable prior written notice and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; and to change interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the name same constituting an eviction of Tenant in whole or street address in part and without abatement of Rent by reason of loss or interruption of the Building business of Tenant or Projectotherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant’s obligations under this Lease; provided, however, reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with unreasonably;
(b) To install Following 120 days prior written notice from Landlord to Tenant, to change the name and maintain all signs on the exterior and interior street address of the Building Building, and Projectto change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building;
(c) To have pass keys take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Premises Building; and all doors within closing the PremisesBuilding after normal business hours and on Sundays and holidays, excluding Tenant’s vaults and safes, providedsubject, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, ’s right to inspect enter when the Premises, Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and to show for the Premises to any prospective purchaser or mortgagee benefit and protection of all tenants of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.Building;
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant (except as expressly provided below) and without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
(a1) To name the Building and Project and except as provided in Section 6 of Exhibit A, to change the name or street address of the Building Complex or Projectthe Building, with three (3) months' prior notice to Tenant;
(b2) To install to install, affix and maintain any and all signs on the exterior and on the interior of the Building or anywhere on Land or in the Complex (and Projectexcept as provided in Section 8 of Exhibit A, Tenant agrees not to place or maintain any sign or other advertising matter outside the Premises or inside the Premises so as to be visible from outside the Premises, without the prior written permission of Landlord);
(c3) To have pass to decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building or Complex, or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as Landlord has given Tenant reasonable prior notice of any such actions in the Premises. Landlord shall take reasonable steps in connection with such actions to minimize any disruption to Tenant's business or its use of the Premises;
(4) to the extent permitted by law, to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. If the security system in the Premises is one which has been installed by and is maintained by Landlord, Tenant agrees to purchase only from Landlord additional duplicate keys as required. Unless approved in writing by Landlord as part of either the initial security system in the Premises or as part of an approved modification thereto, Tenant agrees to change no locks, and not to affix locks on doors without the prior written consent of Landlord. Notwithstanding the provisions for Landlord's access to portions of the Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage, unless due to the gross negligence or willful misconduct of Landlord. Upon the expiration or termination of the Term or of Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises;
(5) to designate Building Standard window coverings for all windows in the Building and to designate and approve, prior to installation, all types of additional window shades, blinds or draperies, if any;
(6) to approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building (so as not to exceed the lesser of the legal live load per square foot or the live load per square foot designated by the structural engineers for the Building), and to require all doors such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Movements of Tenant's property into or out of the Building and within the PremisesBuilding are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require Landlord's permission, excluding Tenant’s vaults and safesnot to be unreasonably withheld, provided, however, Landlord shall before allowing any property to be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages moved into or liabilities incurred by Tenant as a result out of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keysBuilding;
(d7) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and tenants at reasonable hours during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections8) to erect, repairsuse and maintain unexposed pipes, alterationsducts, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls wiring and other parts of the HVAC system)conduits, and to take all steps as may be necessary or desirable for appurtenances thereto, in and through the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryPremises.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing an actual damage or injury to property, person or business and without effecting any eviction, constructive eviction from the Premisesor actual, or (2) disturbing disturbance of Tenant’s use or possession of the PremisesDemised Premises or giving rise to any claim for set-off or abatement of Monthly Base Rent, Additional Rent or other sums payable by Tenant hereunder:
(a) To name the Building and Project and to change the Building’s name or street address address, provided that Landlord shall reimburse Tenant for the reasonable costs of the Building or Projectreplacing a reasonable amount of Tenant’s stationery;
(b) To install approve all signage for the exterior or interior of the Building, to approve the location of said signage, and to install, affix and maintain any and all signs on the exterior and or interior of the Building and ProjectBuilding;
(c) To have pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter the Demised Premises and, during the continuance of any such work, to temporarily close doors, entryways, common or public spaces and corridors in the Building and to interrupt or temporarily suspend Building services and facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Demised Premises are reasonably accessible and such work does not materially affect the operation of Tenant’s business;
(d) To grant to anyone the exclusive right to conduct any business or render any service in the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein;
(e) To retain absolute dominion and control over all common or public space within the Building, including, without limitationlimitation the right to alter, checkingrelocate, calibratingreconfigure and reduce such space, adjusting or balancing controls provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(f) To relocate any parking areas designated for Tenant’s use and any access roads, provided such right shall not operate to exclude Tenant from the use expressly permitted herein;
(g) To erect, use and maintain pipes and conduits in and through the Demised Premises; provided that such changes (i) are performed during other parts than business hours, except in the event of an emergency, (ii) are performed at Landlord’s sole cost and expense, (iii) do not result in more than a de-minimis reduction in the rentable square footage of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Demised Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference materially and adversely interfere with Tenant’s business in use or occupancy of the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole Demised Premises, and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes (iv) to the Common Areas extent reasonably practicable, are installed behind the walls, under the floors, or above the ceilings;
(h) To designate and Tenant’s Pro Rata Share approve, prior to installation, all window shades, blinds, drapes, awnings, window ventilation, lighting and other similar equipment to be installed by Tenant that may be visible from the exterior of the Building;
(i) To use and/or lease all or any part of the roof, the sidewalks and other exterior areas of the Building; and
(j) To resubdivide the Land or to combine the Land with respect other lands, and in connection therewith or otherwise, to subject the ProjectLand to office park covenants, conditions and restrictions, and this Lease shall be subject and subordinate to all such covenants, conditions and restrictions now or hereafter imposed.
Appears in 1 contract
Sources: Lease Agreement (Cvent Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Provided that the exercise of such rights does not unreasonably interfere with Tenant’s occupancy of or access to the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises (after giving Tenant reasonable notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; upon 60 days prior notice, to change the name of the Building and Project Building; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or ProjectBuilding;
(b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant’s right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time; and
(c) To have pass keys to enter the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on at reasonable hours upon reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Termnotice, to show the Premises to prospective tenants thereof; and
(e) To enter purchasers, lenders, or, during the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts last 12 months of the HVAC system)Term, and tenants provided that a representative of Tenant is afforded the opportunity to take be present at all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entrytimes.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
(ai) To name the Building and Project and to change the name or street address of the Building or Project;Building.
(bii) To install install, affix and maintain any and all signs on the exterior or interior of the Building; provided, however, that Landlord shall not permit any other tenant of the Building to display its company identity or logo at the ground floor lobby of the low-rise elevator bank, without granting to Tenant comparable display rights. Tenant shall be permitted to display its company identity or logo in the elevator lobbies of the fourteenth (14th), fifteenth (15th) and interior sixteenth (16th) floors of the Building, in addition to Building standard signage, at Tenant's sole cost and expense and subject to Landlord's prior approval, which approval shall not unreasonably be withheld.
(iii) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage or entry upon the Premises and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof.
(iv) To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant's initial supply of magnetic key cards shall be furnished by Landlord at no cost to Tenant. ▇▇▇▇▇▇ agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of the Landlord. Notwithstanding the provisions for ▇▇▇▇▇▇▇▇'s access to the Premises, ▇▇▇▇▇▇ relieves and releases the Landlord of all responsibility arising out of theft, robbery, pilferage and personal assault. Upon the expiration of the Term or ▇▇▇▇▇▇'s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(v) To designate and approve all window coverings used in the Building.
(vi) To approve the weight, size and location of safes, vaults, vertical files and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate, machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant's property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
(cvii) To have pass keys establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;Building after normal office hours.
(dviii) At any time during To regulate delivery and service of supplies and the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee usage of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators.
(ix) To show the Premises to prospective tenants thereof; at reasonable times during the last nine (9) months of the Term and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy.
(ex) To Upon prior reasonable notice (which notice may be oral), to enter the Premises for at any reasonable time to inspect the purpose Premises and, if reasonably practicable under the circumstances, accompanied by a representative of making inspectionsTenant.
(xi) To close the Building after regular working hours and on Saturdays, repairsSundays and legal holidays subject, alterationshowever, additions or improvements to ▇▇▇▇▇▇'s right to admittance to the Premises under such regulations as Landlord may prescribe from time to time, which may include, but shall not be limited to, a requirement that persons entering or leaving the Building (includingidentify themselves to a watchman by registration or otherwise and establish their right to enter or leave the Building. Such regulations may include, without limitationbut shall not be limited to, checkingthe requiring of identification from Tenant's employees, calibratingagents, adjusting or balancing controls clients, customers, invitees, visitors and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryguests.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease (Tenfold Corp /Ut)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Provided that the exercise of such rights does not unreasonably interfere with ▇▇▇▇▇▇'s occupancy of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To name to decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; for such purposes, to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and Project facilities; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or ProjectBuilding;
(b) To install and maintain all signs on to take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;its occupants, including without limitation searching all persons entering or leaving the Building; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after Customary Business Hours and on Saturdays, Sundays, and Holidays, subject, however, to Tenant's right to enter the Building twenty-four (24) hours per day, seven (7) days per week, under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example, but not of limitation, that persons entering or leaving the Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building; and
(c) To have pass keys to enter the Premises at all reasonable hours and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall upon reasonable notice to Tenant (which may be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(dverbal) At at any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee Term of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, Lease to show the Premises to prospective tenants thereof; and
purchasers and lenders and during the final year of the initial Term (eor, if Tenant shall timely and validly exercise an extension option as provided in EXHIBIT F, during the final year of the extended Lease Term) To enter to show the Premises for to prospective tenants; provided that Tenant shall have the purpose of making inspections, repairs, alterations, additions or improvements right to have a representative present during such entry if Tenant so elects. Notwithstanding anything to the Premises contrary contained herein, Tenant shall be entitled, during the Lease Term to designate a reasonable portion (or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation portions) of the Premises as a "SECURED AREA" and to install door locks or the Building or Landlord’s interest thereinother access control systems as necessary to secure such Secured Area(s), or as may provided that Tenant gives Landlord prior written notice of Tenant's designation of such Secured Area(s) and that such Secured Area(s) shall be necessary or desirable used by Tenant solely for the operation or improvement of the Building or purposes permitted under this Lease. Tenant hereby agrees and acknowledges that Landlord shall have no obligation to perform janitorial services in order such Secured Area(s) unless Tenant provides Landlord a written request for same and provides Landlord with access to comply with laws, orders or requirements of governmental such Secured Area(s) (by providing Landlord a key or other authoritydevice, by scheduling Landlord's entry with an escort or otherwise). If Tenant does not provide Landlord with a key or other device to gain access to such Secured Area(s), Landlord shall have the right to use reasonable force to gain access to such Secured Area(s) in the case of emergency and Landlord shall have no liability whatsoever to Tenant in connection therewith. Landlord agrees and ▇▇▇▇▇▇ hereby agree and acknowledge that, except as provided in the immediately preceding sentence, Landlord shall enter such Secured Area(s) only upon one (1) business days' prior notice to Tenant and only after providing Tenant with the opportunity to have a representative of Tenant present as an escort. Landlord and Tenant hereby agree to use its best commercially reasonable efforts (except in to schedule any emergencysuch entries into the Secured Area(s) by Landlord at times that are mutually convenient to minimize interference with both Landlord and Tenant’s business , taking into consideration the nature of Tenant's operations in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in Premises. Tenant agrees that Tenant shall be responsible, at its sole cost and absolute discretion to include Phase II in the Project after Phase II is completedexpense, which will result in changes to the Common Areas and Tenant’s Pro Rata Share for complying with respect to the Projectall applicable laws regarding such Secured Area(s).
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Provided that the exercise of such rights does not unreasonably interfere with Tenant’s occupancy of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; to change the name of the Building and Project Building; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or ProjectBuilding;
(b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant’s right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time; and
(c) To have pass keys to enter the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on at reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, hours to show the Premises to prospective tenants thereof; and
(e) To purchasers, lenders, or, during the last 12 months of the Term, tenants. Further, Landlord shall have the right to enter the Premises at any time in the event of an emergency, and Landlord shall not be responsible for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls any damage incurred in connection with such access unless Tenant has provided Landlord with keys for any locks installed by Tenant. The parties acknowledge and other parts agree that as of the HVAC system)date hereof, and Tenant has indicated that it will not provide Landlord with keys to take all steps as may be necessary or desirable for any locks securing the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryPremises.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for (1) causing damage or injury to property, persons or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession or giving rise to any claim or setoff or abatement of the Premisesrent or affecting any of Tenant's obligations hereunder:
(a) To name the Building and Project and to change the name or street address of by which the Building or Project;is designated upon two (2) months written notice to Tenant.
(b) To install decorate and maintain all signs on to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the exterior Building, or any part thereof, and interior for such purposes to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entry ways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building and Project;Building, so long as the Premises are reasonably accessible.
(c) To have pass keys to the Premises maintain, relocate, erect pipes and all doors within the Premises, excluding conduits through Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;'s space.
(d) At To grant to anyone the exclusive right to conduct any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to business or render any prospective purchaser or mortgagee of the Project, service in or to any assignee of any mortgage on the ProjectBuilding, or provided such exclusive right shall not operate to others having an interest in exclude Tenant from the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; anduse expressly permitted herein.
(e) To enter alter, increase, reduce, reconfigure and relocate the Premises common areas.
(f) To take all such reasonable measures as Landlord may deem advisable for the purpose security of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (includingand its occupants, including without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order to comply with lawsfor drill purposes, orders or requirements the temporary denial of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes access to the Common Areas Building, and the closing of the Building after normal business hours and on Saturdays, Sundays and holidays; subject, however, to Tenant’s Pro Rata Share with respect 's right to admittance when the ProjectBuilding is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that person entering or leaving the Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 22. Provided that the exercise of such rights does not unreasonably interfere with Tenant’s occupancy or use of the Premises, Landlord reserves shall have the following rights: (a) to decorate and to make inspections, exercisable without liability repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; for such purposes, to Tenant for (1) causing an actual or constructive eviction from enter upon the Premises, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or (2) disturbing Tenant’s use or possession of the Premises:
(a) To name the temporarily suspend Building services and Project facilities; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or Project;
Building; (b) To install and maintain all signs on to take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;
its occupants, including without limitation searching all persons entering or leaving the Building; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Saturdays, Sundays, and holidays, subject, however, to Tenant’s right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example, but not of limitation, that persons entering or leaving the Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building; (c) To have pass keys to change the Premises and all doors within name by which the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection Building is designated with the use of such pass keys;
not less than ninety (d90) At any time during the Term, and on reasonable days prior notice to Tenant, ; and (d) to inspect the Premises, and to show enter the Premises to any prospective purchaser or mortgagee of at all reasonable hours and upon giving Tenant reasonable notice (except in the Project, or to any assignee case of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, emergency) to show the Premises to prospective tenants thereof; and
purchasers, lenders, or, in the case of prospective tenants, within six (e6) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts months of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation end of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authorityTerm. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.SUBSTITUTION SPACE 23. [INTENTIONALLY DELETED]
Appears in 1 contract
Sources: Lease Agreement (Arthrocare Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable without liability to Tenant for (1A) damage or injury to property, person or business, (B) causing an actual or constructive eviction from the Premises, or (2C) disturbing Tenant’s 's use or possession of the Premises:
(ai) To Landlord shall either name the Building and Project and to change the name or after its street address of or the Building or Project;"RemedyTemp Building". Landlord will reasonably cooperate with any Tenant efforts to obtain a suave street address number for the Building.
(bii) To Subject to Section 36.1, to install and maintain all signs on the exterior and interior of the Building and Project;
(ciii) To have pass keys to the Premises and all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors 's Protected Areas (defined in connection with the use of such pass keys(vi) below);
(div) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(ev) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or of the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s 's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any an emergency) to minimize interference with Tenant’s 's business in the Premises in the course of any such entry.
15.2 The Landlord reserves (vi) Tenant shall be entitled to reasonably designate vaults, computer rooms and other enclosed and secured areas within the Premises containing specially protected or confidential information ("Protected Areas"). Landlord's right in its sole and absolute discretion to include Phase II access to Protected Areas shall be limited to (A) access on shortened or no notice in the Project after Phase II is completedcase of an apparent emergency potentially endangering persons or property, which will result in changes and (B) otherwise, access during normal business hours and on reasonable advance notice to the Common Areas and enable Tenant’s Pro Rata Share 's personnel to escort Landlord; provided that with respect to the Project.any vaults or Protected Areas which are protected with fireproof walls, floors and ceilings, Landlord's access right is limited to subsection (B). Landlord shall have no obligation to provide janitorial and cleaning services to Protected Areas, and Tenant
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights:
a. To decorate and to make inspections, exercisable without liability repairs, alterations, additions, changes, or improvements whether structural or otherwise, in and about the Building, or any part thereof; for such purposes, to enter upon the Premises upon reasonable notice to Tenant for (1) causing an actual and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the building; to interrupt or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of the Premises:
(a) To name the temporarily suspend Building services and Project facilities; and to change the name arrangement and location of entrances and passageways, doors, and doorways, corridors, elevators, stairs, rest rooms, or street address other public parts of the Building or Project;building.
(b) b. To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Projectits occupants, including without limitation searching all persons entering or leaving the Building; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Saturdays, Sundays, and holidays, subject however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example, but not of limitation, that persons entering or leaving the Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building;
(c) c. To have pass keys to change the name by which the Building is designated;
d. To enter the Premises and at all doors within the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, hours to inspect the Premises, and same to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, assure Tenant's compliance with its obligations hereunder to show the Premises to prospective purchasers, lenders, or tenants thereofand to perform all services, maintenance and repairs required to be performed by Landlord hereunder; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts e. Landlord shall use good faith efforts in connection with all of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) foregoing to minimize interference with Tenant’s 's business in the Premises in the course of any such entryat its premises.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 A. Landlord reserves shall have the following rights, exercisable rights without liability to Tenant for (1) causing damage or injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s 's use or possession of the PremisesPremises and shall not give rise to any claim for set off or abatement of rent or any other claims:
(a1) To name the Building and Project and to change the name or street address of the Building or Project;
(b) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building; except that there shall be no signs for retail or commercial tenants in the lobby of the office portion of the Building and, other than for a tenant then having 400,000 RSF or more under lease ("Large Tenant"), there shall be no sign on the exterior of the Building indicating the occupancy of any tenant in the Building without the approval of Tenant which it may reasonably withhold. If there shall be a sign proposed for a Large Tenant, Tenant shall have the right to approve:
(i) the installation of the sign and (ii) the text, location, size and style of such sign, such approvals not to be unreasonably withheld or delayed, and Tenant shall also have the right to equivalent signage. All Tenant's rights to approve under this subparagraph shall exist only so long as Tenant (including any Affiliate or Successor Entity) is not in default hereunder (beyond any applicable cure period) and occupies at least 400,000 RSF in the Building. Landlord hereby approves all Tenant signage existing as of the date hereof. Landlord shall have the right to approve (which approval not to be unreasonably withheld) all additional lobby or exterior signage proposed by Tenant and not existing as of the date hereof.
(2) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are accessible and usable and provided that Landlord shall use due diligence with respect thereto. Unless such repairs, renewals or improvements can be made during business hours without material interference with Tenant's business operations and, except in the case of an emergency, Landlord shall make such repairs, alterations, or replacements during non- business hours;
(3) To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys or magnetic cards to all doors within and into the Premises; provided that such system will permit the Landlord upon request of Tenant to cancel the effectiveness of the card held by any shareholder or employee or invitee of Tenant upon such person's departure from Tenant or for any other reason. Tenant agrees to purchase only from Landlord additional duplicate keys or magnetic cards as required (at Landlord's actual cost for such keys or magnetic cards), to change no locks or magnetic card readers, and not to affix locks or magnetic card readers on doors without the prior written consent of the Landlord not to be unreasonably withheld; provided that Landlord shall respond to Tenant's request for such consent with reasonable promptness. Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys or magnetic cards to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises;
(4) To designate a building standard window covering for exclusive use throughout the Building;
(5) To approve the weight, size and location of safes, vaults, library shelving, file storage equipment and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and ProjectPremises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord, not to be unreasonably withheld;
(c6) To have pass keys establish reasonable controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keysBuilding after normal office hours;
(d7) At any time during To reasonably regulate delivery and service of supplies and the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee usage of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators;
(8) To show the Premises to prospective tenants thereof; within the final twelve (12) months of the Term (as the same may be extended), at reasonable times, and in a manner not to interfere with Tenant's use and enjoyment of the Premises and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for reoccupancy;
(e9) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations that do not unreasonably interfere with Tenant's business;
(10) To enter the Premises at any reasonable time upon reasonable prior notice (except no notice shall be required in the case of emergency) to inspect the Premises;
(11) Only Landlord or one or more persons approved by Landlord will be permitted to furnish bootblacking and barbering. Landlord may fix the hours during which, and the regulations under which, such supplies and services are to be furnished. Landlord expressly reserves the right to act as, or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of said supplies and services, provided all such supplies and services shall be furnished on a basis which is reasonably competitive to that which would otherwise be directly available to Tenant; and Landlord furthermore expressly reserves the right to exclude from the Building any person attempting to furnish any of said supplies or services but not so designated by Landlord. Notwithstanding the foregoing, Tenant shall have the right to specify the vendors for other supplies and services for the purpose of making inspectionsPremises, repairssubject to Landlord's approval, alterationswhich approval shall not be unreasonably withheld or delayed;
(12) To close the Building after hours and on any day which is not a business day, additions or improvements subject, however, to Tenant's right to admittance to the Premises at any time under such reasonable regulations as Landlord may prescribe from time to time, which may include but shall not be limited to, a requirement that persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting identify themselves to a watchman by registration or balancing controls otherwise and other parts of establish their right to enter or leave the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entryBuilding.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Lease (Bcom3 Group Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (1) causing damage or injury to property, person or business and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (2) disturbing disturbance of Tenant’s 's use or possession or giving rise to any claim for Set-off or abatement of the PremisesRent:
(a) To name decorate and to make repairs, alterations, additions, changes or improvement, whether structural or otherwise, in and about the Premises, the Building and/or the Park, or any part thereof, and Project for such purpose to enter upon the Premise, the Building or other parts of the park and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Premises, the Building or other parts of the Park, to store materials in the premises, to interrupt or temporarily suspend Building services and facilities, to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, and to change the name arrangement and location of all parking areas, sidewalks and driveways situated upon the Land or street address elsewhere in the Park, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as the Building or Project;Premises are reasonably accessible.
(b) To install and maintain all signs on grant to anyone the exterior and interior of exclusive right to conduct any business or render any service in or to the Building and Project;Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(c) To have pass keys to prohibit the placing of vending or dispensing machines of any kind in or about the Premises and all doors within without the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result prior written permission of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;.
(d) At any time during To take all such reasonable measures as Landlord may deem advisable for the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee security of the ProjectProperty and its occupants, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order to comply with lawsfor drill purposes, orders or requirements the temporary denial of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes access to the Common Areas Building, and the closing of the Building after Customary Business Hours and on Saturdays, Sundays and Holidays, subject, however, to Tenant’s Pro Rata Share with respect 's right to admittance when the ProjectBuilding is closed after Customary Business Hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or leaving the Building, whether or not during Customary Business Hours, use a pass key, or identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building.
Appears in 1 contract
Sources: Lease Agreement (Netgateway Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord and its designees, upon 24 hours prior notice to Tenant (except in the case of a bona fide emergency, in which event no notice is required) may enter the Premises at all reasonable times during business hours for the purpose of inspecting or making repairs or exhibiting the Premises to prospective purchasers and lenders or others, but not to prospective tenants (subject to the terms of this Section 12). Notwithstanding anything to the contrary contained in this Lease, except in cases of a bona fide emergency, Tenant reserves the right to require that Landlord or its designees be accompanied while inspecting the Premises by a representative, agent or employee of Tenant, and Tenant agrees promptly to timely furnish such agent, representative or employee upon request. Tenant may request that such entry be at a reasonably convenient time other than the time specified in Landlord’s notice or that such entry be during hours other than Tenant’s normal business hours. Such rights of entry shall be subject to Tenant’s reasonable security regulations or procedures. Tenant shall have the right to designate one or more portions of the Premises, not to exceed 1,000 square feet, as “security areas”, in which event Landlord shall not have access to such designated security areas, unless Landlord is accompanied by a representative of Tenant. Notwithstanding the terms of Section 10.(a) to the contrary, Landlord shall be relieved of its maintenance obligations set forth in Section 10.(a) within the security areas to the extent a representative of Tenant is not available. Landlord agrees that while exercising such right of entry or making such repairs, Landlord will use reasonable efforts to avoid materially interfering with Tenant’s business or disrupting the same. If repairs are required to be made by Tenant pursuant to the terms hereof or if Tenant is required to perform any other obligation under this Lease, then Landlord may require that Tenant make such repairs or performance of such obligation within a reasonable time after written notice from Landlord to Tenant describing the nature of and need for such repairs in reasonable detail. Thereafter, if Tenant refuses or neglects to promptly commence such repairs or perform such obligation, then Landlord may exercise its remedies in Section 16.(b)(iii) (Right to Cure) without any further notice to Tenant. For a period commencing nine months before the expiration of the Term or earlier following an Event of Default, Landlord may have reasonable access to the Premises during business hours for the purpose of exhibiting the Premises to prospective tenants. In addition, Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for (1) causing damage or injury to property, person or business and without affecting an actual eviction or constructive eviction from the Premises, or (2) disturbing disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of the Premises:
Rent or affecting any of Tenant’s obligations under this Lease: (a) To name the Building and Project and upon 30 days’ prior notice to change the name or street address of the Building or Project;
Building; (b) To to install and maintain all signs on the exterior and interior of the Building and Project;
Building, provided no such signs unreasonably interfere with signs installed or that may be installed by Tenant pursuant to Tenant’s signage rights under Section 8.(f) above; (c) To have to designate and approve window coverings to present a uniform exterior appearance; (d) to retain at all times and to use in appropriate instances, pass keys to all locks within and to the Premises and all doors Premises, except for security areas designated by Tenant; (e) to approve the weight, size, or location of heavy equipment or articles within the Premises; (f) to change the arrangement and location of entrances of passageways, excluding Tenant’s vaults doors and safesdoorways, providedcorridors, howeverelevators, Landlord shall be responsible forstairs, restrooms and reimbursepublic areas of the Building, indemnify the Property or Victory Park; (g) to regulate access to telephone, electrical and hold other utility closets in the Building and to require use of designated contractors for any work involving access to such areas; (h) if Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into has vacated the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
(e) To enter the Premises for the purpose of making inspectionsperform additions, repairs, alterations, additions or alterations and improvements to the Premises in connection with a reletting or the Building (including, anticipated reletting thereof without limitation, checking, calibrating, adjusting being responsible or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable liable for the safety, protection, maintenance value or preservation of any then existing improvements to the Premises and without effectuating a surrender or entitling Tenant to any abatement of Rent; (i) to grant to anyone the exclusive right to conduct any business or undertaking in the Building or provided Landlord’s interest therein, or exercise of its rights under this clause (i) shall not be deemed to prohibit Tenant from the operation of its business in the Premises; and (j) to take such reasonable measures as may be necessary or desirable Landlord deems advisable for the operation or improvement security of the Building and its occupants, including evacuating the Building for cause, suspected cause or in order for drill purposes, temporarily denying access to comply with lawsthe Building and closing the Building after normal business hours and on Sundays and Holidays (subject, orders or requirements of governmental or other authorityhowever, to Tenant’s right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time). In exercising its rights under this Section 12, Landlord agrees shall use commercially reasonable efforts to use its best efforts (except in any emergency) to minimize interference avoid unreasonably interfering with Tenant’s business in the Premises in the course of any such entryoperations.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Office Lease (Plains Capital Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant (except that Landlord shall give reasonable notice prior to exercising such rights if it is reasonably possible for Landlord to give such notice and if Tenant’s use of the Premises would be materially adversely affected by the failure to give such notice) and without liability to Tenant for (1) causing an actual or constructive eviction from the Premisesdamagee, or (2) disturbing injury to property, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an eviction or disturbance of Tenant’s use or possession of the PremisesPremises and except as otherwise provided for in this Lease shall not give rise to any claim for set-off or abatement of rent or any other claim:
(ai) To name the Building and Project and Subject to Tenant’s approval, which shall not be unreasonably withheld, to change the name or street address of the Building to any name other than ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ or Project;the ▇▇▇ ▇▇▇▇▇▇▇ Building. It shall not be unreasonable for Tenant to withhold its approval to any name which would publicize the name of another tenant providing legal services or would materially adversely affect Tenant’s image or business. In the event that Landlord changes the name of the Building after the date of this Lease, Landlord shall reimburse Tenant for all reasonable out-of-pocket expenses incurred by Tenant in connection with such change.
(bii) To install install, affix and maintain any and all signs on the exterior or interior of the Building, subject to the following conditions: (w) there shall be no illuminated signs on the top of the Building, (x) except for ▇▇▇▇▇▇▇, no other tenant’s name shall be more prominently , displayed than Tenant’s name, and interior no other tenant (other than tenants occupying the retail portion of the Building) shall have its name displayed on the exterior of the Building without Tenant’s consent (y) no exterior signs shall be affixed in any manner which materially interferes with Tenant’s view from the Premises and all exterior signage shall be consistent with that displayed in other first-class, institutional quality buildings similar to the Building, and (z) Tenant shall retain the right to affix signage to the walls of elevator lobbies on the full floors within the Premises, subject to Landlord’s reasonable approval of the design and installation of such signage.
(iii) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable and provided that Landlord shall use due diligence with respect thereto. Unless such repairs or improvements can be made during business hours without material interference with Tenant’s business operations, Landlord shall make such repair’s or improvements after-hours.
(iv) To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of the Landlord. Notwithstanding the provisions for Landlord’s access to Premises, and except for wrongful or negligent acts or omissions of, or attributable to, Trustee or ▇▇▇▇▇▇▇ (including, without limitation, breaches of any obligations hereunder), Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery, pilferage and personal assault. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(v) To designate and approve all window coverings used in the Building; provided that Landlord shall not change the type of window coverings permitted in the Premises from the type required prior to the Commencement Date without the approval of Tenant, which approval shall not be unreasonably withheld if Landlord shall pay any costs incurred by Tenant by reason of such change.
(vi) To approve the weight, size and location of safes, vaults, vertical files and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, which legal live load shall be no less than fifty (50) pounds per square foot plus twenty (20) pounds per square foot for partitions, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
(cvii) To have pass keys establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Premises, excluding Tenant’s vaults and safes, provided, however, Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;Building after normal office hours.
(dviii) At any time during To regulate delivery and service of supplies and the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee usage of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators.
(ix) To show the Premises to prospective tenants thereof; at reasonable times during the last twelve (12) months of the Term and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy.
(ex) To Upon reasonable notice to Tenant, to enter the Premises for at any reasonable time to inspect the purpose Premises.
(xi) To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building. If Landlord elects to make available to tenants in the Building any services or supplies, or arranges a master contract therefor, Tenant agrees to obtain its requirements, if any, therefor from Landlord or under any such contract, provided that the charges therefor are reasonable, the quality of making inspections, repairs, alterations, additions such services or improvements supplies is acceptable to Tenant and the services or supplies relate to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order rather than to comply with laws, orders or requirements the operation of governmental or other authority. Landlord agrees to use its best efforts (except in any emergency) to minimize interference with Tenant’s business in the Premises in Building. Further, the course of any such entry.
15.2 The foregoing right shall not give Landlord reserves the right to control the computer or communication systems to be used by Tenant, or to require Tenant to participate in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Projectany shared use of a computer or communication system.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord hereby reserves and shall have the following rights, exercisable without liability rights with respect to Tenant for (1) causing an actual or constructive eviction from the Premises, or (2) disturbing Tenant’s use or possession of Premises and the Premises:
Project: (a) To to decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Project, the Building, the Premises or any part thereof; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Project or the Building; to interrupt or suspend temporarily Building services and facilities; to change the name of the Building and Project or the Project; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, common areas, or other public parts of the Building or the Project;
; (b) To install and maintain all signs on to take such measures as Landlord deems advisable in good faith for the exterior and interior security of the Building and Project;
(c) To have pass keys its occupants; to temporarily deny access to the Premises Building to any person; and all doors within to close the PremisesBuilding after ordinary business hours and on Sundays and Holidays, excluding Tenant’s vaults and safes, providedsubject, however, to Tenant's right to enter when the Building is closed after ordinary business hours under such rules and regulations as Landlord shall be responsible for, and reimburse, indemnify and hold Tenant harmless from, any damages or liabilities incurred by Tenant as a result of entry into the Premises by Landlord, its agents, employees or contractors in connection with the use of such pass keys;
(d) At any may reasonably prescribe from time to time during the Term, ; and on (c) to enter the Premises at reasonable prior notice to Tenant, hours (or at any time in an emergency) to inspect the Premisessame, and to show the Premises perform repairs, to take any prospective purchaser or mortgagee of the Projectaction authorized hereunder, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
purchasers or lenders, or, during the last six (e6) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts months of the HVAC system)Term, prospective tenants. All of Landlord's entries and the performance of Landlord's work pursuant to take all steps this Lease, shall be scheduled and performed, as may be necessary or desirable for the safetyapplicable, protection, maintenance or preservation of the Premises or the Building or Landlord’s interest therein, or so as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best commercially reasonable efforts (except in any emergency) to minimize interference with Tenant’s 's use of and access to the Premises and parking facilities. Tenant may, subject to Landlord's prior approval, designate certain areas of the Premises as "Security Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may only enter such Security Areas upon one (t) business days' notice to Tenant which notice shall specify the date and time of such entry by Landlord; provided, however, that Landlord may enter the Security Areas without notice to Tenant in the Premises event of an emergency, in the course which case Landlord shall provide Tenant with notice of any such entryentry promptly thereafter.
15.2 The Landlord reserves the right in its sole and absolute discretion to include Phase II in the Project after Phase II is completed, which will result in changes to the Common Areas and Tenant’s Pro Rata Share with respect to the Project.
Appears in 1 contract
Sources: Office Lease (L90 Inc)