CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations), 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, 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 Premises, and shall not give rise to any claim for set-off or abatement of Rent or any other claim: (i) To change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office supplies. (ii) To install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises). (iii) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and improvements, structural or otherwise, in or to the Building or any part thereof, including the Premises, and may erect scaffolding and other structures reasonably required by the character of the work to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of the Building, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours. (iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of 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 approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion. (vi) 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, which consent shall not be unreasonably withheld, conditioned or delayed. Movement of Tenant’s property into or out of the Building or the 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 the Premises. (vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord. (viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators. (ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy. (x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property. (xii) 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.
Appears in 4 contracts
Sources: Office Lease (Wayfair Inc.), Office Lease (Wayfair Inc.), Office Lease (Wayfair LLC)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise without notice to Tenant except as otherwise set forth herein, and without liability to Tenant for 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 eviction or disturbance of Tenant’s use or possession of the Premises, Premises and shall not give rise to any claim for set-off or abatement of Rent rent or any other claim:
(i) a. To change the Building’s name decorate or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office supplies.
(ii) To install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises).
(iii) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and additions, or improvements, whether structural or otherwise, in or to and about the Building Building, or any part thereof, including and for such purposes to enter upon the Premises, and may erect scaffolding and other structures reasonably required by during the character continuance of the work any of said work, to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of the Building, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close doors, entryways, public entry ways, other public spaces, stairways, space and corridors or connecting structures in the Building and to interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord alluse of facilities, subject to the provisions of this clause, all without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in affecting any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairshereunder, alterations, improvements and additions in and about the Building and upon reasonable notice in or about so long as the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime are reasonably accessible and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hoursusable.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and b. After reasonable prior written notice to retain at all timesTenant, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of 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 approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.
(vi) 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, which consent shall not be unreasonably withheld, conditioned or delayed. Movement of Tenant’s property into or out of the Building or the 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 the Premises.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, time and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- re-occupancy.
(x) c. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.
(xi) To d. After reasonable prior written notice to Tenant, Landlord shall enter the Premises at any reasonable time to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the PropertyPremises.
(xii) 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.
Appears in 4 contracts
Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, 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, 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 Premises, Premises and shall not give rise to any claim for set-set off or abatement of Rent rent or any other claim:
(ia) To change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office suppliesaddress.
(iib) To install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises)Building.
(iiic) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with To decorate or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and additions, or improvements, whether structural or otherwiseotherwise (including alterations in the configuration of the common area), in or to and about the Building Building, or any part thereof, including and for such purposes to enter upon the Premises, and may erect scaffolding and other structures reasonably required by during the character continuance of the work any of said work, to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of the Building, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close doors, entryways, public entry ways, other public spaces, stairways, space and corridors or connecting structures in the Building and to interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to the provisions use of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hoursfacilities.
(ivd) To furnish door keys for the entry door(s) in the Premises at the commencement of this the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect Premises. T▇▇▇▇▇ 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 manner in which its Premises are secured prior written consent of the Landlord. Notwithstanding the provisions for L▇▇▇▇▇▇▇’s access to provide Premises, Tenant relieves and releases the Landlord with duplicates of keysall responsibility arising out of theft, entry cards robbery and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Leasepilferage. Upon the expiration of the Term or of TenantL▇▇▇▇▇’s right of 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.
(ve) To designate and approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretionBuilding.
(vif) 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, which consent shall not be unreasonably withheld, conditioned or delayed. Movement of Tenant’s movements of property into or out of the Building or the 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 the Premises.
(viig) To establish reasonable security policies and other 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 both during and 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 lenders, purchasers and investors at reasonable hours and to prospective tenants at 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.
(j) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.
(k) To enter the Premises at any reasonable time to inspect the 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. If Landlord elects to make available to tenants in the Building any services or supplies, or arranges a master contract therefor, T▇▇▇▇▇ agrees to obtain its requirements, if any, therefore from Landlord or under any such contact, provided such policies that the charges therefor are reasonable.
(m) To prescribe the location and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality style of the foregoingsuite number and identification sign or lettering for the Premises.
(n) To grant to anyone the right to conduct any business or render any service in the Building, Landlord may whether or not it is the same as or similar to the use expressly permitted to Tenant by Paragraph 5 hereof.
(o) To require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect Exhibit D attached to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlordthis Lease.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) 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.
Appears in 3 contracts
Sources: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise exercisable without notice to Tenant and without liability to Tenant for damage or injury to property, person or business on account of the exercise thereofand without effecting an eviction, and the exercise of any such rights shall not be deemed to constitute an eviction constructive or actual, or disturbance of Tenant’s 's use or possession of the Premises, and shall not give or giving rise to any claim for setSet-off or abatement of Rent or any other claimRent:
(ia) To change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office supplies.
(ii) To install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises).
(iii) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and additions, changes or improvements, whether structural or otherwise, in or to and about the Premises, the Building and/or the Park, or any part thereof, including and for such purposes to enter upon the Premises, and may erect scaffolding and the Building or other structures reasonably required by the character parts of the work Park and, during the continuance of any such work, to be performedtemporarily close doors, entryways, public space and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of the Building, including corridors in the Premises, all the Building or other parts of the Park, to store materials that may be required in the Premises, to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any Building services or facilities agreed to be furnished by Landlord alland facilities, subject to the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of 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 approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.
(vi) To approve the weight, size arrangement and location of safesentrances or passageways, vaults doors and doorways, corridors, elevators, stairs, toilets, or 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 public parts of the Building, and to require change the arrangement and location of all such items parking areas, sidewalks and furniture and similar items to be moved into driveways situated upon the Land or out elsewhere in the Park, all without abatement of the Building and Premises only at such times and in such manner Rent or affecting any of Tenant's obligations hereunder, so long 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, conditioned or delayed. Movement of Tenant’s property into or out of the Building or the 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 the Premisesreasonably accessible.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xiib) To grant to any person or to reserve unto itself anyone the exclusive right to conduct any business or render any service in or to the Building. If , provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(c) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written permission of Landlord.
(d) To take all such reasonable measures as Landlord elects to make available to tenants in may deem advisable for the security of the Property and its occupants, including, without limitation, the evacuation of the Building any services or suppliesfor cause, suspected cause, or arranges for drill purposes, the temporary denial of access to the Building, and the closing of the Building after Customary Business Hours and on Saturdays, Sundays and Holidays, subject, however, to Tenant's right to admittance when the 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 Building, whether or not during Customary Business Hours, use a master contract thereforpass key, Tenant agrees or identify themselves to obtain its requirements, if any, therefor from Landlord a security officer by registration or under any otherwise and that such contract, provided that persons establish their right to enter or leave the charges therefor are reasonableBuilding.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Imergent Inc), Office Building Lease Agreement (Aradyme Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights rights, exercisable with notice (but not obligations), each of which Landlord may exercise without notice to Tenant unless an emergency) and without liability to Tenant for damage or injury to property, person persons or business on account of the exercise thereof(unless due to Landlord’s gross negligence or willful misconduct) and without effecting an eviction, and the exercise of any such rights shall not be deemed to constitute an eviction constructive or actual, or disturbance of Tenant’s use or possession of the Premises, and shall not give or giving rise to any claim for set-off setoff or abatement of Rent or any other claimRent, unless otherwise set forth herein:
(ia) To change maintain the Building’s name Property, Building and Premises in the manner provided in this Lease, including, but not limited to decorating, making repairs, alterations, additions, changes or street address upon not less than one hundred eighty (180) days prior improvements, whether structural or otherwise, in and about the Property, or any part thereof, and for such purposes, following reasonable written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office supplies.
(ii) To install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises).
(iii) Provided that reasonable access to enter upon the Premises shall be maintained and and, during the business continuance of Tenant shall not be interfered with or disrupted unreasonablyany such work, to rearrangetemporarily close doors, relocateentryways, enlargepublic space and corridors in the Building, reduceto interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, close or change doors and doorways, corridors, elevators, stairs, lavatoriestoilets, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and improvements, structural or otherwise, in or to the Building or any part thereof, including the Premises, and may erect scaffolding and other structures reasonably required by the character of the work to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part public parts of the Building, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in affecting any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairshereunder, alterations, improvements and additions in and about the Building and upon reasonable notice in or about so long as the Premises during ordinary business hours and, if Tenant desires to have are reasonably accessible and such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of 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 approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.
(vi) 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, which consent shall not be unreasonably withheld, conditioned or delayed. Movement of Tenant’s property into or out of the Building or the 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 the Premises.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls actions do not unreasonably materially and substantially interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlordnormal business operations.
(viiib) To reasonably regulate delivery have and service retain a paramount title to the Premises, subject to this Lease, free and clear of supplies and the usage any act of the loading docksTenant, receiving areas and freight elevatorsother than this Lease, purporting to burden or encumber them.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xiic) To grant to any person or to reserve unto itself anyone the exclusive right to conduct any business or render any service in or to the Building. If , provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein not violate the Rules and Regulations.
(d) To have access for Landlord elects to make available to and other tenants in of the Building to any services mail chutes or suppliesmail receptacles located on the Premises according to the rules of the United States Postal Service.
(e) To take all such reasonable measures as Landlord may deem advisable for the security of the Property and its occupants, including, without limitation, the evacuation of the Building for cause, suspected cause, or arranges for drill purposes, the temporary denial of access to the Building, and the closing of the Building after normal business hours and on Saturdays, Sunday 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 persons entering or leaving the Building, whether or not during normal business hours, identify themselves to a master contract thereforsecurity officer by registration or otherwise and that such persons establish their right to enter or leave the Building.
(f) Notwithstanding contrary provisions of this paragraph 34, Tenant Landlord agrees that at Tenant’s request, it shall grant such easements as may be reasonably required to obtain its requirements, if any, therefor from Landlord permit connection to the Premises by any phone or under any such contractdata service provider contracted for by Tenant, provided that the charges therefor are reasonableLandlord shall bear no cost in fulfilling this obligation.
Appears in 2 contracts
Sources: Office Building Lease Agreement, Office Building Lease Agreement (Rackspace Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. In addition to Landlord's rights under the Building Rules and Regulations attached hereto as Exhibit "A", Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise exercisable without notice to Tenant and without liability to Tenant for damage or injury to property, person or business on account of the exercise thereofand without effecting an eviction, and the exercise of any such rights shall not be deemed to constitute an eviction constructive or actual, or disturbance of Tenant’s 's use or possession of the Premises, and shall not give or giving rise to any claim for set-off or abatement of Rent or any other claimrent:
(ia) To change the Building’s 's name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office supplies.address;
(iib) To install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises).Building;
(iiic) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and improvements, structural or otherwise, in or to the Building or any part thereof, including the Premises, and may erect scaffolding and other structures reasonably required by the character of the work to be performed, and during such operations may upon reasonable notice To enter upon the Premises and take into and upon Building at reasonable hours to exercise its rights hereunder or through any part inspect same or to show the Building to prospective lenders or purchasers, and, during the last twelve (12) months of the BuildingLease Term, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed show them to be furnished by Landlord all, subject to the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may prospective tenants at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires they are vacated, to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.prepare them for reoccupancy;
(ivd) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of 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.Building;
(ve) To approve all window coverings used in the Building which approval shall not be unreasonably withhelddecorate and to make repairs, conditioned alterations, additions, changes or delayedimprovements, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.
(vi) To approve the weightwhether structural or otherwise, size and location of safes, vaults and other heavy equipment and articles in and about the Premises Building, or any other part thereof, without any obligation to do so, and for such purposes to enter upon the Building so as not and, during the continuance of any of said work, to exceed temporarily close doors, entryways, public space and corridors in the legal live load per square foot designated by Building;
(f) To interrupt or temporarily suspend Building services and facilities and to change the structural engineers for arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Building, and all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as access to require the Building is not unreasonably restricted;
(g) To take all such items and furniture and similar items to be moved into or out reasonable measures as Landlord may deem advisable for the security of the Building and Premises only at such times and in such manner as Landlord shall direct in writingits occupants. 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, conditioned or delayed. Movement of Tenant’s property into or out of the Building or the 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 the Premises.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of Notwithstanding the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time shall not be obligated to time reasonably determine to identify themselves to provide any security personnel by registration or otherwise in accordance with Building security controls, measures and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages to Tenant or Tenant's employees, customers or invitees for any error with respect damage, cost or expense which occurs for any reason in the event any provided security measure is not properly installed, monitored or maintained or any such service is not properly provided, nor shall Landlord be liable to exclusion from the Building of Tenant or Tenant's employees, customers or invitees for any persondamage or loss caused by theft, burglary, assault, vandalism or any other crime. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, strongly encourages Tenant to secure Tenant's own insurance in its reasonable discretion, to limit or prevent access to the Building during the continuance excess of the same, shut down elevator service, activate elevator emergency controls or otherwise take amounts required elsewhere in this Lease and/or to provide Tenant's own security measures to protect against the above occurrences if Tenant desires additional coverage for such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlordrisks.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) 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.
Appears in 2 contracts
Sources: Office Building Lease (Allstar Systems Inc), Office Building Lease (I Sector Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise exercisable without notice to Tenant and notice, without liability to Tenant for damage or injury to property, person or business on account of the exercise thereofand without effecting an eviction, and the exercise of any such rights shall not be deemed to constitute an eviction constructive or actual, or disturbance of Tenant’s use or possession of the Premises, and shall not give Premises or giving rise to any claim for set-off or off, abatement of Rent or any other claimotherwise:
(i) A. To change the Building’s name or street address; provided, however, that in the event that such change of the Building’s name or Building address upon is not less than one hundred eighty (180) days prior written notice, in which eventmandated by any governmental agency, Landlord shall reimburse Tenant for all the reasonable costs of a quantity of Tenant’s costs new stationery equal to the amount of stationery then on hand at the time of such change of the type reasonably and customarily incurred by a tenant in connection with changing such Building’s name or street address on Tenant’s stationary and other office suppliesby Landlord.
(ii) B. To installaffix, affix maintain and maintain remove any and all signs on the exterior and on the interior of the Building (other than within the Premises)Building.
(iii) Provided C. To designate and approve, prior to installation, all window shades, blinds, drapes, awnings, window ventilators, lighting and other similar equipment to be installed by Tenant that reasonable access to may be visible from the exterior of the Premises shall be maintained and or the business of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to Building.
D. To decorate and to make repairs, alterations, additions and improvements, whether structural or 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 remain tenantable.
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 access to the Premises and Garage remain materially the same and there is no reduction in Tenant’s parking rights.
G. [Intentionally omitted.]
H. To erect, use and maintain pipes and conduits in and through the Premises behind the walls, below the floors and above the ceilings, and provided the same does not reduce the rentable area of the Premises in more than a de minimis manner.
I. To construct improvements (including kiosks) on the Land and in the Common Areas of the Building.
J. To prohibit smoking in or within twenty-five (25) feet of the entire Building or portions thereof (including the Premises) and on the Land, so long as such prohibitions are in accordance with applicable Laws.
K. If any excavation or other substructure work shall be made or authorized to be made upon land adjacent to the Building or the Land, to enter the Premises for the purpose of doing such work as is required to preserve the walls of the Building and to preserve the land from injury or damage and to support such walls and land by proper foundations. Notwithstanding anything contained herein to the contrary, Landlord may at any part thereoftime elect to alter, including rehabilitate or renovate all or any portion of the Building so long as such construction does not substantially and unreasonably interfere with Tenant’s access to the Premises or substantially and unreasonably interfere with Tenant’s use of the Premises, and may erect scaffolding and other structures reasonably required by . Tenant acknowledges that Landlord has the character of right to undertake major renovations (including work with respect to the work to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part exterior facade of the Building) with respect to the Building and that Landlord may hereafter perform additional work, including improvements and renovations with respect to the Building. In connection with any such work, improvements and renovations, the Landlord may erect scaffoldings, sidewalk bridges and other such appurtenances. Tenant agrees not to interfere with such work, improvements and renovations and further agrees that such work, improvements and renovations (and the construction appurtenances which Landlord may place at or near the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to the provisions of this clause, without the same constituting ) shall not constitute an eviction or constructive eviction of Tenant Tenant, in whole or in part, and without abatement the Base Rent and all other items of Additional Rent hereunder shall not ▇▇▇▇▇ while such work, improvements and renovations are being made by reason of loss or interruption of the business of Tenant or otherwise, and without nor shall Tenant have any claims against Landlord by reason of such work. Nothing set forth in this Section 30 shall be deemed to abrogate any manner rendering Landlord liable for damages of Landlord’s obligations or relieving Tenant from performance of Tenant’s obligations under this Leaserights set forth in Section 12.B. hereof. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon shall use reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner efforts to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys for the entry door(s) operations in the Premises at the commencement in Landlord’s exercise of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted rights under this Lease. Upon the expiration of the Term or of Tenant’s right of 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 approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.
(vi) 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, which consent shall not be unreasonably withheld, conditioned or delayed. Movement of Tenant’s property into or out of the Building or the 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 the Premises.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) 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 contractSection 30, provided that the charges therefor are reasonableforegoing shall not be deemed to require Landlord to incur overtime expense or to only perform any work hereunder outside of the Building’s normal business hours.
Appears in 2 contracts
Sources: Lease Agreement (Evolent Health, Inc.), Lease Agreement (Evolent Health, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have reserves the following rights (but not obligations), each of which Landlord may exercise be exercised without notice to Tenant (except as otherwise expressly provided below) and without liability to Tenant for damage or injury to property, person or business on account of the exercise thereofbusiness, and the exercise of any such rights shall not be deemed to constitute without effecting an eviction or disturbance of Tenant’s 's use or possession of the Premises, and shall not give nor giving rise to any claim for set-off setoff or abatement of or Rent or affecting any other claimof Tenant's obligations under this Lease:
(ia) To change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office supplies.
(ii) To install, affix and maintain any and all signs on the exterior and on the interior of the Building decorate (other than within elevator lobbies on the Premises).
(iii) Provided that reasonable access to the Premises full floors occupied by Tenant which shall be maintained solely determined by and shall be the business responsibility of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate Tenant) and to make inspections, repairs, alterations, additions and additions, changes, or improvements, whether structural or otherwise, in or to and about the Building or any part thereof, including the Premisesduring ordinary business hours, and may erect scaffolding if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and other structures reasonably required by the character of the work additional expenses resulting from such work; to be performed, and during such operations may upon reasonable notice enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and take into and upon or through any part of corridors in the Building, including the Premises, all materials that may be required ; and to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any Building services or and facilities agreed to be furnished by Landlord allLandlord, subject to the provisions of this clause, all without the same constituting an eviction of Tenant in whole or in part, part and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, otherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant’s 's obligations under this Lease. Landlord ; provided, however, that reasonable access to the Premises will be maintained and the business of Tenant may at its option make any repairs, alterations, improvements not be interfered with unreasonably;
(b) To change the name and additions in and about street address of the Building (but not the suite number(s) of the Premises); and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of 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 approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.
(vi) To approve the weight, size arrangement and location of safesentrances or passageways, vaults doors, and doorways, corridors, elevators, stairs, restrooms, or other heavy equipment and articles public parts of the Building, in and about which event Landlord will reimburse Tenant for the Premises and the Building so as cost of replacing its stationary in an amount not to exceed the legal live load per square foot designated by the structural engineers Five Thousand and 00/100 Dollars ($5,000.00);
(c) To take such reasonable measures as Landlord deems advisable for the Building, and to require all such items and furniture and similar items to be moved into or out security of the Building and Premises only at such times its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building for safety or other commercially reasonable measures; 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 closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant’s ordinary use of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Movement of Tenant’s property into or out of 's right to enter when the Building or the 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 the Premises.
(vii) To establish reasonable security policies and other 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 both during and is closed after normal office hours, provided business hours under such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours reasonable regulations as Landlord may prescribe from time to time reasonably determine for application to identify themselves and for the benefit and protection of all tenants of the Building;
(d) Upon reasonable prior oral notice to security personnel by registration or otherwise in accordance with Building security controlsTenant, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for Premises during reasonable business hours (i) at any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building time during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees Term to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in purchasers or lenders, or (ii) during the last eighteen twelve (1812) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any timeto prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 reoccupancy at any reasonable time to inspect after Tenant vacates or abandons the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) 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.Premises;
Appears in 2 contracts
Sources: Lease Agreement (Coolsavings Com Inc), Lease Agreement (Coolsavings Com Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Except as otherwise specifically provided in this Lease, Landlord shall have the following rights (but not obligations)rights, 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 thereofsuch exercise, and the exercise of any such rights shall not be deemed to constitute an eviction or disturbance of Tenant’s 's use or possession of the Premises, and Premises nor shall not such exercise give rise to any claim for set-off or abatement of Rent rent or any other claim:
(i) To change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office supplies.
(ii) To install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises).
(iii) Provided that reasonable access Subject to the Premises shall be maintained and the business requirements of Tenant shall not be interfered with or disrupted unreasonablyParagraph 30.D., to rearrange, relocate, enlarge, reduce, close decorate or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and or improvements, whether structural or otherwise, in or to and about the Building Building, or any part thereofthereof (including, including without limitation, alterations in the locations or configurations of any common areas of the Building), and for such purposes to enter upon the Premises, and may erect scaffolding and other structures reasonably required by during the character continuance of the work any of said work, to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of the Building, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close doors, entryways, public entry ways, other public spaces, stairways, space and corridors or connecting structures in the Building and to interrupt or temporarily suspend any services or facilities agreed use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable, Tena▇▇'▇ ▇ights hereunder are not unreasonably interfered with and provided that Landlord shall not interfere with Tena▇▇'▇ telephone switch. Landlord, at its cost, shall use all reasonable efforts to be furnished by carry out such work affecting the Premises or reasonable access thereto in a manner so as to minimize any interference with Tena▇▇'▇ ▇se of the Premises, and in the event any such work unreasonably interferes with Tenant's access to or use of the Premises, Landlord allshall do such work during non-business hours, except in the event of emergency;
(ii) To retain at all times and, subject to the provisions of this clauseParagraph 30.G., without the same constituting an eviction of Tenant in whole or in partto use, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors and other entry devices within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of 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.;
(viii) To designate and approve a building standard for all window coverings used in the Building which approval shall not be unreasonably withheldBuilding, conditioned or delayedprovided, it being understood however that window coverings which are visible from outside Tenant may also have draperies of its choosing behind the Premises may be subject to a standard of uniformity imposed by blinds on the Landlord windows in its reasonable discretion.the Premises;
(viiv) To approve the weight, size and location of safes, vaults vaults, computers 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 shall be not less than 50 lbs. per square foot, 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 reasonably direct in writing. Tenant shall not install writing 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, conditioned or delayed. Movement of Tenant’s property into or out of the Building or the 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 the Premises.as otherwise permitted herein;
(viiv) To establish reasonable security policies and other 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 both during and after normal office hours, which controls shall recognize and be consistent with any governmental regulations applicable to classified documents;
(vi) Subject to the rights of Tenant otherwise provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting in the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretionLease, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.elevators and to control and regulate access to and use of common areas of the Building;
(ixvii) To Within the last fifteen (15) months of the Term for any part of the Premises, and provided Tenant is not then acting to extend the Term for such portion of the Premises pursuant to Paragraph 32.B., after reasonable advance notice to Tenant, to show the such portion of Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41)times, and, and if vacated or abandoned, to show the such Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.;
(xviii) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.locations which locations shall be subject to Tenant's reasonable approval;
(xiix) To Except in the event of emergency when no notice shall be required, upon prior notice to Tenant and subject to Tenant's security requirements, to enter the Premises at any reasonable time to inspect the Premises upon twenty-four (24) hours prior written, telephone for compliance with this Lease or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to show the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective lenders or existing mortgagees, purchasers or tenants of all or any part of the Property.purchasers; and
(xiix) To grant to any person or to reserve unto itself anyone the exclusive nonexclusive right to conduct any business or render any service services 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.
Appears in 1 contract
Sources: Sublease (Universal Access Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise without notice to Tenant (except as otherwise expressly provided) and without liability to Tenant for 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 eviction or disturbance of Tenant’s 's use or possession of the Premises, Premises and shall not give rise to any claim for set-off or abatement of Rent rent or any other claim:claim (and Landlord agrees to use reasonable efforts to minimize any interference with the conduct by Tenant of its business in the Premises in connection with Landlord's exercise of such rights):
(i) To Upon prior reasonable notice, to change the Building’s name or street address upon not less than one hundred eighty (180) days prior written noticeof the Building, in which eventand if such change is voluntary, Landlord shall reimburse Tenant for all agrees to replace reasonable quantities of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary 's stationery, business cards and other office suppliessimilar printed material.
(ii) To install, affix and maintain any and all signs on the exterior and on the or interior of the Building (other than within the Premises)Building.
(iii) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with To decorate or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and additions, or improvements, whether structural or otherwise, in or to and about the Building Building, or any part thereof, including and for such purposes to enter upon the Premises, and may erect scaffolding during the continuance of any of said work, to temporarily close doors, entryways, public space and other structures 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 required by accessible and usable (so long as such entry and work is made and performed in accordance with the character provisions of the work to be performedParagraph 7 hereof). Except in case of emergency repairs, and during such operations may upon Landlord will give Tenant reasonable advance notice enter of any contemplated stoppage or entry upon the Premises and take into and upon or through any part of the Building, including the Premises, all materials that may be required will use reasonable efforts to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed avoid unnecessary inconvenience to be furnished by Landlord all, subject to the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hoursthereof.
(iv) To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of this the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Premises. Tenant shall be obligated should it elect agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the manner in prior written consent of the Landlord (which its Premises are secured to provide Landlord with duplicates of keysconsent shall not unreasonably be withheld, entry cards and with combinations conditioned or passwords necessary to allow Landlord and those furnishing services delayed). Notwithstanding the provisions for Landlord's access to the Premises Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery, pilferage and personal assault, except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents or employees (but subject in accordance with all events to the terms and conditions provisions of this Lease to access the Premises for such purposes as may be permitted under this LeaseSection 10 hereof). Upon the expiration of the Term or of Tenant’s 's right of 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 which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretionBuilding.
(vi) To approve the weight, size and location of safes, vaults 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 Premises only at such times and in such manner as Landlord shall direct in writingreasonably direct. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s 's ordinary use of the Premises without the prior written consent of Landlord, Landlord (which consent shall not unreasonably be unreasonably withheld, conditioned or delayed). Movement Movements of Tenant’s 's property into or out of the Building or the Premises and within the Building are entirely at the risk and responsibility of Tenant, Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or the Premises.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in and upon prior reasonable notice (which notice may be verbal) during the last eighteen twelve (1812) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandonedabandoned for a period of thirty (30) or more consecutive days, to show the Premises at any timetime and, and if this Lease or Tenant's right to decoratepossession is terminated pursuant to Section 11 hereof, remodel, repair, alter or otherwise to prepare the Premises for re- re-occupancy.
(x) To erect, use and maintain pipes, ducts, wiring and conduitsUpon prior reasonable notice (which notice may be verbal, and appurtenances thereto, except that no notice shall be required in and through the Premises at reasonable locations.
(xievent of an emergency) To to enter the Premises at any reasonable time to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the PropertyPremises.
(xiixi) 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.
(xii) To close the Building after regular working hours and on Saturdays, Sundays and legal holidays subject, however, to Tenant's right to admittance at all times to the Premises 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 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.
Appears in 1 contract
Sources: Lease (Orbitz Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise exercisable without notice to Tenant and without liability to Tenant for damage or injury to property, person persons, or business on account of Tenant or any other person and without creating any right of Tenant to terminate this Lease prior to the expiration of the exercise thereofTerm, and the exercise of any such rights shall not be deemed to constitute an eviction or disturbance of interfering with Tenant’s use of or possession of operations in the Premises, and shall not give or giving rise to any claim for set-off setoff against, or abatement of Rent of, Rent, Additional Rent, or any other claimamounts owing or to become owing by Tenant hereunder:
(i) To change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs have and retain paramount title to and ownership of the type reasonably Premises, free and customarily incurred by a tenant clear of any act or right of Tenant purporting to burden to encumber Landlord’s interest in connection with changing such name or address on Tenant’s stationary and other office suppliesthe Premises.
(ii) To install, affix and maintain grant to anyone the exclusive right to conduct any and all signs on specific type of business or render any specific type of service in or to the exterior and on the interior of the Building (other than within the Premises)Buildings not inconsistent with this Lease.
(iii) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and improvements, structural or otherwise, in or to the Building or any part thereof, including the Premises, and may erect scaffolding and other structures reasonably required by the character of the work to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of the Building, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of 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 approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.
(vi) To approve the weight, size 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 (excluding furniture which is governed by Section 55C) and similar items to be moved into or and out of the Building Buildings and the Premises only at such reasonable 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 may approve using movers which have been approved to Tenant’s ordinary use of provide such services at the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedProject. Movement of the foregoing shall be at Tenant’s property into or out of the Building or the Premises and within the Building are entirely at the sole risk and responsibility of expense, as between Landlord and Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or the Premises.
(viiiv) To establish take all such reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours measures as Landlord may from time to time reasonably determine to identify themselves to deem advisable for the security personnel by registration of the Buildings and its occupants, including without limitation, the evacuation of the Buildings for cause, suspected cause, or otherwise in accordance with Building security controlsfor drill purposes, and subject to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from Section 10, the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance closing of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by LandlordBuildings after regular working hours.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) 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.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations), each of which Landlord may exercise without notice to Tenant and and, except as provided in Paragraph 14, without liability to Tenant for 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 eviction or disturbance of Tenant’s use or possession of the Premises, Premises and shall not give rise to any claim for set-off or abatement of Rent or any other claimRent:
(i) To change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office suppliesaddress.
(ii) To install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than including, but only if mandated by law, within the Premises).
(iii) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with To decorate or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and additions, or improvements, whether structural or otherwise, in or to and about the Building Building, or any part thereof, including and for such purposes to enter upon the Premises, and may erect scaffolding and other structures reasonably required by during the character continuance of the work any of said work, to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of the Building, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close doors, entryways, public entry waysspace and corridors in the Building and, other public spacesupon not less than forty-eight (48) hours’ advance notice (except in case of emergency), stairways, corridors or connecting structures and to interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord alluse of facilities, subject to the provisions of this clause, all without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in affecting any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairshereunder, alterations, improvements and additions in and about the Building and upon reasonable notice in or about so long as the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime are reasonably accessible and additional expenses resulting therefromusable. Landlord’s entry into exercise of its rights hereunder shall be conducted at such times and in such manner as to avoid unreasonable interference with Tenant’s use and occupancy of the Premises. Any exercise of such rights within the Premises (except for repairs) shall be accomplished in a manner subject to minimize interference with the Tenant’s business but such commitment consent, which shall not require Landlord to perform such work during other than ordinary business hoursbe unreasonably withheld, conditioned or delayed.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Premises. Tenant shall be obligated should it elect agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the manner in prior written consent of Landlord, which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may consent shall not be permitted under this Leaseunreasonably withheld. Upon the expiration of the Term or of Tenant’s right of 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 which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretionBuilding.
(vi) 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 reasonable 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, conditioned or delayed. Movement Movements of Tenant’s property into or out of the Building or the Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right for security purposes on reasonable notice to Tenant to require permits before allowing any property to be moved into or out of the Building or the Premises.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in within the last eighteen twelve (1812) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancyTerm.
(x) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations, but in no event may such installations reduce the usable square footage of the Premises by more than a de minimus amount.
(xi) To enter the Premises at any reasonable time upon reasonable advance notice (except in case of emergency) to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the PropertyPremises.
(xii) 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.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise without notice to Tenant (but subject to maintaining access to the Premises as described in subparagraph (iii) below), and without liability to Tenant for 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 eviction or disturbance of Tenant’s 's use or possession of the Premises, Premises and shall not give rise to any claim for set-off or abatement of Rent rent or any other claim:
(i) To change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office suppliesBuilding.
(ii) To install, affix and maintain any and all signs on the exterior and on the or interior of the Building (other than within so long as the Premises)same do not materially affect Tenant's access to light or views.
(iii) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with To decorate or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and additions, installations or improvements, whether structural or otherwise, in or to and about the Building Building, or any part thereof, including the Premises, and may erect scaffolding and other structures reasonably required by the character of the work for such purposes to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of the Building, including the Premises, all materials that may be required with reasonable notice to make such repairs, alterations, improvements, or additionsTenant (other than in an emergency), and in that connection Landlord may during the continuance of any of said work, to temporarily close doors, entryways, public entry ways, other public spaces, stairways, space and corridors or connecting structures in the Building and to interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord alluse of facilities, subject to the provisions of this clause, all without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in affecting any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s 's obligations under this Lease. Landlord may at its option make any repairshereunder, alterations, improvements and additions in and about the Building and upon reasonable notice in or about so long as the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime are reasonably accessible and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the usable by Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys keys, magnetic cards or electronic access systems for the entry door(s) in the Premises at the commencement of this the Lease and to retain at all times, and to use in appropriate instances, keys or access cards to all doors within and into the Premises Premises. Tenant agrees to purchase only from Landlord additional keys and Tenant shall be obligated should it elect access cards as required, to change no locks, and not to affix locks on doors without the manner in which its Premises are secured to provide Landlord with duplicates prior written consent of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services Landlord. Notwithstanding the provisions for Landlord's access to the Premises in accordance with the terms Premises, Tenant relieves and conditions releases Landlord of this Lease to access the Premises for such purposes as may be permitted under this Leaseall responsibility arising out of theft, robbery, pilferage and personal assault, excluding gross negligence or willful misconduct of Landlord or its agents. Upon the expiration of the Term or of Tenant’s 's right of to possession, Tenant shall return all keys and access cards 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 which approval shall not be unreasonably withheldBuilding, conditioned or delayedincluding, it being understood that without limitation, solar window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretioncoverings.
(vi) To approve the weight, size and location of safes, vaults 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 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 any nature not directly related to Tenant’s 's ordinary use of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Movement Movements of Tenant’s 's property into or out of the Building or the 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 the Premises.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate in a reasonable manner delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants tenants, lien holders and purchasers at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancyupon twenty-four hours notice.
(x) 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 to inspect the Premises upon twenty-four hours notice (24) hours prior written, telephone or fax notice to Tenant except in the event of an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property).
(xiixi) 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, and that the services contracted for are similar to those provided in other buildings in downtown Chicago.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have has the following rights (but not obligations)rights, each of which Landlord may exercise exercisable without notice to Tenant and without liability to Tenant for damage or injury to propertyand without causing, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an eviction (constructed or actual) or disturbance of Tenant’s use or 's possession of the Premises, Premises and shall not give without giving rise to any claim for set-off setoff or abatement of Rent or any other claimrent:
(i) To A. to change the Building’s name 's names or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office supplies.address;
(ii) To install, affix and maintain any and all B. to install signs on the exterior and on the interior of the Building Building;
C. Subject to the Tenant's reasonable rules and regulations regarding visitors to School premises, which Landlord shall follow, Landlord may enter upon the Premises at reasonable hours and with at least twenty-four hours written notice to inspect, clean or make repairs or alterations (other than without implying any obligation to do so) and to show the Premises to prospective lenders or purchasers or, during the last 6 months of the Term, prospective tenants and, if the Premises are vacated, to prepare them for re-occupancy; however, Landlord shall endeavor to make such inspections, maintenance, showings or repairs after school hours when children are not present;
D. to retain and use in appropriate instances keys to all doors into and within the Premises).;
(iii) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and E. to decorate and to make repairs, alterations, additions and or improvements, (whether structural or otherwise, in or ) to the Building or any part thereof, including the Premises, and may erect scaffolding and other structures reasonably required by the character of the work to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of about the Building, including the Premises, all materials that may No modification made pursuant to this provision shall be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to the provisions of this clause, made without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance prior written consent of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours ; and, if Tenant desires
F. to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of 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 approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.
(vi) To approve the weight, size and location of safes, vaults safes 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, which consent shall not be unreasonably withheld, conditioned or delayed. Movement of Tenant’s property into or out of the Building or the 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 the Premises.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) 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.
Appears in 1 contract
Sources: Lease Agreement
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise without notice to Tenant (except as expressly provided below) and without liability to Tenant for 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 eviction or disturbance of Tenant’s 's use or possession of the Premises, Premises and shall not give rise to any claim for set-off or abatement of Rent rent or any other claim, provided, however, that Landlord takes reasonable steps to minimize any disruption to Tenant's business or use of the Premises:
(i1) To to change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection Complex or the Building, with changing such name or address on notice to Tenant’s stationary and other office supplies.;
(ii2) To 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 Tenant agrees not to place or maintain any sign or other than within advertising matter outside the Premises or inside the Premises so as to be visible from outside the Premises).;
(iii3) Provided that reasonable access to the Premises shall be maintained and the business of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and or to make repairs, alterations, additions and additions, or improvements, whether structural or otherwise, in or to and about the Building or Complex, or any part thereof, including and for such purposes to enter upon the Premises, and may erect scaffolding and other structures reasonably required by and, during the character continuance of the work any of such work, to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part of the Building, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close doors, entryways, public entry ways, other public spaces, stairways, space and corridors or connecting structures in the Building and to interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord alluse of facilities, subject to the provisions of this clause, all without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in affecting any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s 's obligations under this Lease. hereunder, so long as Landlord may at its option make has given Tenant reasonable prior notice of any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys for the entry door(s) actions in the Premises at (provided, however, that no such prior notice shall be required in the commencement case of this Lease and emergency or suspected emergency). 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 and Premises. Tenant shall be obligated should it elect agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the manner in which its Premises are secured prior written consent of Landlord (notwithstanding the provisions for Landlord's access to provide portions of the Premises, Tenant relieves and releases the Landlord with duplicates of keysall responsibility arising out of theft, entry cards robbery and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Leasepilferage). Upon the expiration of the Term or of Tenant’s 's right of 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.;
(v5) To approve all to designate Building standard window coverings used for all windows in the Building which approval shall not be unreasonably withheldand to designate and approve, conditioned prior to installation, all types of additional window shades, blinds or delayeddraperies, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.if any;
(vi6) To 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, which consent shall not be unreasonably withheld, conditioned or delayed. Movement Movements of Tenant’s 's property into or out of the Building or the Premises and within the Building are entirely at the risk and responsibility of Tenant, Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or the Premises.Building;
(vii7) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in hours and upon reasonable notice, which such notice may be given by telephone to Tenant's office manager or via facsimile transmission during the last eighteen (18) six months of the Term (as the same may have been extended as set forth in ARTICLE 41), Term; and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) To 8) to erect, use and maintain unexposed pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locationsPremises.
(xi) To enter the Premises at any reasonable time to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) 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.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. So long as this Lease is in full force and effect, Master Landlord and Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise exercisable without notice to Tenant and without liability to Tenant for damage or injury to property, person persons, or business on account of the exercise thereofand without effecting an eviction, and the exercise of any such rights shall not be deemed to constitute an eviction constructive or actual, or disturbance of Tenant’s -Is use or possession of the Premises, and shall not give or giving rise to any claim for set-off setoff or abatement of Rent or any other claimRent:
(ia) To change the Building’s 's name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office suppliesaddress.
(iib) To install, affix affix, and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises)Building.
(iiic) Provided To designate and approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators, and similar equipment, and to control all internal lighting that reasonable access to may be visible from the Premises shall be maintained exterior of the Building.
(d) To designate, restrict, and the business of Tenant shall not be interfered with or disrupted unreasonably, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to control all sources within the Building from which Tenant may obtain ice, drinking water, towels, toilet supplies, catering, food and to decorate and to make repairsbeverages, alterations, additions and improvements, structural or otherwise, in like or to other services on the Building or any part thereof, including the Leased Premises, and may erect scaffolding and other structures reasonably required by the character of the work to be performed, and during such operations may upon reasonable notice .
(e) To enter upon the Leased Premises and take into and upon at reasonable hours to inspect same or through clean or make repairs or alterations (but without any part obligation to do so, except as expressly provided for herein) or to show the Leased Premises to prospective lenders or purchasers, and, during the last twelve (12) months of the BuildingLease Term, including to show the Premises, all materials that may be required Leased Premises to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may prospective tenants at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires the Leased Premises are vacant, to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hoursprepare same for re-occupancy.
(ivf) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant Lease Premises. No locks shall be obligated should it elect changed or added without the prior written consent of Landlord.
(g) To decorate and to 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 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 manner in which its 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 secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premisesreasonably accessible.
(vh) To approve all window coverings used in have and retain a paramount title to the Building which approval shall not be unreasonably withheld, conditioned Leased Premises free and clear of any act of Tenant purporting to burden or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretionencumber them.
(vii) 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 size, and location of safes, vaults safes and other 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 and out of the Building and Leased 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, conditioned or delayed. Movement Movements of Tenant’s 's property into or out of the Building or the Premises and within the Building are entirely at the risk and responsibility of Tenant, Tenant and Landlord reserves the right to require permits before allowing any such property to be moved into or out of the Building or the PremisesBuilding.
(viik) To establish reasonable security policies have access for Landlord and other controls tenants of the Building to any mail chutes or other depositories located on the Leased Premises according to the rules of the United States Postal Service.
(1) To take all such reasonable measures for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out security of the Building and Premises and all persons using its occupants, including without limitation, the Building both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality search of the foregoing, Landlord may require all persons entering or leaving the Building, the evacuation of the Building during for cause, suspected cause, or for drill purposes, the temporary denial of access to the Building, 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 hours reasonable regulations as Landlord may be prescribed from time to time reasonably determine to 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 personnel officer by registration or otherwise in accordance with Building security controls, and to that said persons establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) 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.
Appears in 1 contract
Sources: Office Sublease (Advancepcs)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise exercisable without notice to Tenant notice, except as set forth below, and without liability to Tenant for damage or injury to property, person or business on account of the exercise thereofand without effecting an eviction, and the exercise of any such rights shall not be deemed to constitute an eviction constructive or actual, or disturbance of Tenant’s use or possession of the Premises, and shall not give or giving rise to any claim for set-off or abatement of Rent or any other claimRent, except that Landlord shall remain liable for its and its agents’ gross negligence:
(ia) To name the Building and to change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office suppliesaddress.
(iib) To Subject to and without limitation of Article 33, to install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises)Building.
(iiic) Provided that reasonable access To designate and approve, prior to the Premises shall be maintained installation, all types of window shades, blinds, drapes, and the business of Tenant shall not be interfered with or disrupted unreasonablyother similar equipment, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and improvements, structural or otherwise, in or to control all internal lighting that may be visible from the Building or any part thereof, including the Premises, and may erect scaffolding and other structures reasonably required by the character of the work to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part exterior of the Building.
(d) On reasonable prior notice to Tenant, including to show the Premises, all materials that may be required Premises to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to (i) prospective tenants at reasonable hours during the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption last twelve (12) months of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours Term and, if Tenant desires vacated during such period to have such work done during other than business hoursdecorate, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into remodel, repair or otherwise prepare the Premises shall be accomplished in a manner to minimize interference with the for re-occupancy without affecting Tenant’s business but such commitment shall not require Landlord obligation to perform such work pay Rent, and (ii) others having a legitimate interest at any time during other than ordinary business hoursthe Term of this Lease.
(ive) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys and combinations to all doors within and into the Premises and Tenant Premises. No locks or combinations shall be obligated should it elect changed without the prior written consent of Landlord.
(f) To decorate or to change make repairs and/or replacement of windows, Building façade or any components of the manner Building envelope or other Building systems (in which its Landlord’s sole discretion) or any other 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 at reasonable times with prior written notice to Tenant, 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 secured to provide Landlord with duplicates of keys, entry cards reasonably accessible and with combinations or passwords necessary to allow Landlord useable.
(g) To have and those furnishing services retain a paramount title to the Premises in accordance with the terms free and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination clear of any safes, cabinets act of Tenant purporting to burden or vaults left in the Premisesencumber it.
(vh) To approve all window coverings used grant to anyone the exclusive right to conduct any business or render any service in or to the Building which approval Building, provided such exclusive right shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible operate to exclude Tenant from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretionuse expressly permitted herein.
(vii) To approve the weight, size and location of safes, vaults filing systems and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to exceed overload the legal live load per square foot designated by floors of the structural engineers for the BuildingPremises), and to require all such items and furniture and similar items to be moved into or and out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Tenant Any damages done to the Building or Premises 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 not install be paid by Tenant. Furniture, boxes, merchandise or operate machinery other bulky articles shall be transported within the Building only upon or any mechanical devices of a nature not directly related to Tenant’s ordinary use by vehicles equipped with rubber tires and shall be carried only in the freight elevators and at such times as the management of the Premises without the prior written consent of Landlord, which consent Building shall not be unreasonably withheld, conditioned or delayedrequire. Movement Movements of Tenant’s property into or out of the Building or the Premises and within the Building are entirely at the risk and responsibility of Tenant, .
(j) To have access for the Landlord and Landlord reserves the right to require permits before allowing any property to be moved into or out other tenants of the Building or to any mail chutes located on the PremisesPremises according to the rules of the United States Postal Service.
(viik) To establish reasonable security policies change the arrangement or location of entrances, passageways, doors and doorways, corridors, stairs, toilets and other controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out public service portions of the Building and not contained within the Premises and all persons using or any part thereof.
(l) To close the Building both during after regular working hours and after normal office hourson Saturdays, provided such policies Sundays and other controls do not unreasonably interfere with legal holidays subject, however, to Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoingright to admittance, under such reasonable regulations as Landlord may require all prescribe from time to time, which may include by way of example but not of limitation, that persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security Building personnel by registration or otherwise in accordance with Building security controls, and to that said persons establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with Landlord may enter upon the Premises and may exercise any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage all of the loading docksforegoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant’s use or possession and without being liable in any manner to Tenant, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises extent of any liability arising from Landlord’s or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Propertyits agents’ gross negligence.
(xii) 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.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Sanfilippo John B & Son Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights (but not obligations)rights, each of which Landlord may exercise exercisable without notice to Tenant notice, except as set forth below, and without liability to Tenant for damage or injury to property, person or business on account of the exercise thereofand without effecting an eviction, and the exercise of any such rights shall not be deemed to constitute an eviction constructive or actual, or disturbance of Tenant’s use or possession of the Premises, and shall not give or giving rise to any claim for set-off or abatement of Rent or any other claimRent, except that Landlord shall remain liable for its and its agents’ gross negligence:
(ia) To name the Building and to change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the type reasonably and customarily incurred by a tenant in connection with changing such name or address on Tenant’s stationary and other office suppliesaddress.
(iib) To install, affix and maintain any and all signs on the exterior and on the interior of the Building (other than within the Premises)Building.
(iiic) Provided that reasonable access To designate and approve, prior to the Premises shall be maintained installation, all types of window shades, blinds, drapes, and the business of Tenant shall not be interfered with or disrupted unreasonablyother similar equipment, to rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and improvements, structural or otherwise, in or to control all internal lighting that may be visible from the Building or any part thereof, including the Premises, and may erect scaffolding and other structures reasonably required by the character of the work to be performed, and during such operations may upon reasonable notice enter upon the Premises and take into and upon or through any part exterior of the Building.
(d) On reasonable prior notice to Tenant, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about show the Premises during ordinary business to (i) prospective tenants at reasonable hours and, if Tenant desires vacated, to have such work done during other than business hoursdecorate, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into remodel, repair or otherwise prepare the Premises shall be accomplished in a manner to minimize interference with the for re-occupancy without affecting Tenant’s business but such commitment shall not require Landlord obligation to perform such work pay Rent, and (ii) others having a legitimate interest at any time during other than ordinary business hoursthe Term of this Lease.
(ive) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys and combinations to all doors within and into the Premises and Tenant Premises. No locks or combinations shall be obligated should it elect changed without the prior written consent of Landlord.
(f) To decorate or to change make repairs and/or replacement of windows, Building façade or any components of the manner Building envelope or other Building systems (in which its Landlord’s sole discretion) or any other 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 at reasonable times with prior written notice to Tenant, 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 secured to provide Landlord with duplicates of keys, entry cards reasonably accessible and with combinations or passwords necessary to allow Landlord useable.
(g) To have and those furnishing services retain a paramount title to the Premises in accordance with the terms free and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination clear of any safes, cabinets act of Tenant purporting to burden or vaults left in the Premisesencumber it.
(vh) To approve all window coverings used grant to anyone the exclusive right to conduct any business or render any service in or to the Building which approval Building, provided such exclusive right shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible operate to exclude Tenant from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretionuse expressly permitted herein.
(vii) To approve the weight, size and location of safes, vaults filing systems and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to exceed overload the legal live load per square foot designated by floors of the structural engineers for the BuildingPremises), and to require all such items and furniture and similar items to be moved into or and out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Tenant Any damages done to the Building or Premises 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 not install or operate machinery or any mechanical devices of a nature not directly related to be paid by Tenant’s ordinary use of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Movement Movements of Tenant’s property into or out of the Building or the Premises and within the Building are entirely entirety at the risk and responsibility of Tenant, and .
(j) To construct additions to the Building in such locations as may be designated by Landlord reserves the right from time to require permits before allowing time. Landlord agrees that any property to be moved into such construction shall not prohibit or out impair Tenant’s use of either Premises A or Premises B. Any newly constructed areas of the Building or the Premises.
(vii) To establish reasonable security policies and other 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 both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be deemed part of either Premises A or Premises B hereunder. 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 damages for any error with respect manner to exclusion from Tenant, except to the Building extent of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement liability arising from Landlord’s or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlordagents’ gross negligence.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
(x) 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 to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making repairs to the Premises or responding to any emergency condition, and Landlord shall also have the right to make access available at all reasonable hours, upon twenty-four (24) hours prior written notice to Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) 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.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Sanfilippo John B & Son Inc)