Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 4 contracts

Samples: Master Lease Agreement (Old National Bancorp /In/), Master Lease Agreement (Old National Bancorp /In/), Master Lease Agreement (Old National Bancorp /In/)

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ENTRY BY LANDLORD. 21.01 Landlord may enter the Premises at all reasonable times to: inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and its authorized representatives other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant's vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right upon reasonable notice (to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant's duties under this Lease. If Landlord shall be not less required to obtain entry by means other than two (2) Business Days except if a shorter notice or no notice is appropriate in light key provided by Tenant, the cost of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, payable by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as additional rent.

Appears in 4 contracts

Samples: Office Lease (Deja Foods Inc), Office Lease (Deja Foods Inc), Office Lease (Powersource Corp)

ENTRY BY LANDLORD. Landlord shall at any and all times have the right to enter the Demised Premises to inspect the same, to show the Demised Premises to prospective purchasers, lenders or tenants and to post notices of non-responsibility. Landlord shall also have the right to conduct such maintenance and repair of or to the Demised Premises (or the Building) as Landlord may deem necessary, without abatement of Rent, and for that purpose may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Demised Premises shall not be unreasonably blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Landlord shall use its authorized representatives reasonable efforts to provide advance notice of any such entry to Tenant and shall attempt to minimize interference with Tenant’s business. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, loss of occupancy or quiet enjoyment of the Demised Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Demised Premises, excluding Tenant’s vaults, safes and files. Landlord shall have the right upon reasonable notice (to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Demised Premises without liability to Tenant except for any failure to exercise due care for Tenant’s property. Any entry to the Demised Premises obtained by Landlord by any of such means, or otherwise, shall not under any circumstances be not less than two (2) Business Days except if construed or deemed to be a shorter notice forcible or no notice is appropriate in light unlawful entry into, or a detainer of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Demised Premises, accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Demised Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 4 contracts

Samples: Lease Agreement, Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)

ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times and upon reasonable advance written notice (which shall provided that no advance notice need be not less than two given if an emergency (2as determined by Landlord in its good faith judgment) Business Days except if a shorter notice necessitates an immediate entry or no notice is appropriate in light of the circumstances if there is an emergency) prior to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergencyentry to provide routine janitorial services), accompanied by a representative of Tenant if Tenant so requests: enter the Premises to (a) for the purpose of inspecting inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or for the purpose tenants, (d) post notices of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)nonresponsibility, and (be) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the purpose of showing such Leased Property work to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenantsbe performed. No In no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant, Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring substantial additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of not constitute a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any forcible or unlawful entry into the Premises, a Leased Property pursuant to this Pxxxxxxxx 00detainer of the Premises, Xxxxxxxx covenants and agrees with or an eviction of Tenant to undertake commercially reasonable efforts to maintain and preserve from the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this LeasePremises, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 3 contracts

Samples: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and its authorized representatives upon not less than 48 hours advance notice to Tenant to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that Landlord shall use reasonable efforts to minimize any disruption to Tenant’s business operations in the Premises during any such entry. Subject to Section 6.7 of this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right upon reasonable to enter without notice (which and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the manner hereinbefore described shall not be not less than two (2) Business Days except if deemed to be a shorter notice forcible or no notice is appropriate in light unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderPremises.

Appears in 3 contracts

Samples: Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right to enter the premises at any time to inspect the Premises, to provide any service for which Landlord is obligated hereunder, to submit the Premises to prospective purchasers or tenants, to post notices of nonresponsibility, and to alter, improve, maintain or repair the Premises or any portion of the building of which the Premises are a part that Landlord deems necessary or desirable, all without abatement of rent. Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, but shall not block entrance to the Premises and not interfere with Tenant's business, except as reasonably required for the particular activity by Landlord. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, interference with quiet enjoyment, or other damage arising out of Landlord's entry on the Premises as provided in this paragraph, except damage, if any, resulting from the negligence or willful misconduct of Landlord or its authorized representatives representative. Landlord shall retain a key with which to unlock all doors into, within and about the Premises, excluding Tenant's vaults, safes and files. In an emergency, Landlord shall have the right upon reasonable notice (to use any means which Landlord deems reasonably necessary to obtain entry to the Premises, without liability to Tenant, except for any failure to exercise due care for Tenant's property. Any such entry to the Premises by Landlord shall not be not less than two (2) Business Days except if construed or deemed to be forcible or unlawful entry into or a shorter notice or no notice is appropriate in light detainer of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same Premises or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 3 contracts

Samples: Lease Agreement (Verisity LTD), Lease Agreement (Intellicorp Inc), Lease Agreement (Rouge Wave Software Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives Landlord’s agents shall upon twenty-four (24) hours notice (except in the case of an emergency, in which case, as soon as practicable) have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (the Premises to inspect the same, to supply janitorial service and at all any other times in the event of an emergency), accompanied service to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)Tenant hereunder, and (b) for to show the purpose of showing such Leased Property Premises to prospective purchasers and mortgagees and, at as permitted under this Lease, to alter, improve or repair the Premises and any time within portion of the Building (and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing the entrance to the Premises shall not be blocked thereby). Upon twenty-four (24) hours prior notice during the last six (6) months prior of the Lease term, Landlord or Landlord’s agents may access the Premises to show it to prospective tenants and post “for lease” signs. Landlord shall conduct its activities under this Paragraph 9 in a manner that will minimize inconvenience to Tenant without incurring additional expense to Landlord. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, and Landlord and Landlord’s agents shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the expiration Premises, and any entry to the Premises obtained by Landlord or Landlord’s agents by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of TenantTenant from the Premises or any portion thereof. Tenant shall not be released from its obligations under this Lease nor be entitled to any abatement of Rent on account of Landlord’s entry under this Paragraph, but and Tenant hereby waives any such minor inconvenience occasioned thereby. Upon any entry shall be done on the Premises by Landlord in or Landlord’s agents, such reasonable manner as to minimize any disruption of entrants shall comply with Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property reasonable security requirements provided to Landlord in writing from time to time. Accordingly, in connection with any entry into and Tenant shall be permitted to have a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderrepresentative present at all times.

Appears in 3 contracts

Samples: Lease Agreement (Five9, Inc.), Lease Agreement (Five9, Inc.), Lease Agreement (Five9, Inc.)

ENTRY BY LANDLORD. Tenant shall permit Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) employees, agents and contractors to enter each Leased Property at the Premises and all reasonable business hours parts thereof on twenty-four (24) hours’ advance notice to Tenant and at all other times accompanied by a Tenant representative (except in the event of an emergency), accompanied by a in which case no notice or accompanying Tenant representative of Tenant if Tenant so requests: shall be required) (ai) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take at all such action thereon as may be necessary or appropriate reasonable times for any of the following purposes: to inspect the Premises; to maintain the Premises; to make such purpose repairs to the Premises as Landlord is obligated or may elect to make; to make repairs, alterations or additions to any other portion of the Building; and (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord ii) to make any such inspection emergency repairs, to show the Premises and to post “For Lease” signs for the purposes of re-letting the Premises during the last twelve (12) months of the Lease Term or do any such work)while a default by Tenant has occurred and is continuing, to show the Premises to prospective lenders or purchasers of the Building, and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of as otherwise required by law or permitted by this Lease, for . Any entry into the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done Premises obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive of Tenant from the Premises or any portion thereof. Landlord shall have such reasonable manner as right of entry without any abatement of Rent to minimize Tenant. Tenant hereby waives any disruption of claims for damages or for any injuries or inconvenience to or interference with Tenant’s business operationbusiness, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. The foregoing notwithstanding, Landlord, by execution Tenant shall provide Landlord with a copy of this Lease, agrees all keys (and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality promptly provide updated copies of such information and records. Landlord’ failure keys to discharge and abide by this covenant and undertaking shall constitute a breach the extent locks are changed) required to open all interior doors within or otherwise access all portions of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderthe Premises.

Appears in 3 contracts

Samples: Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable tithes and its authorized representatives upon reasonable notice to Tenant to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial of other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right upon reasonable to enter without notice (which and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the manner hereinbefore described shall not be not less than two (2) Business Days except if deemed to be it forcible or unlawful entry into, or a shorter notice detainer of, the Premises, or no notice is appropriate in light an actual or constructive eviction of Tenant from any portion of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderPremises.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

ENTRY BY LANDLORD. Landlord Tenant shall permit Landlord, and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) Landlord’s agents, to enter each Leased Property the Premises at all reasonable business hours (and at all other times in for any of the event of an emergency), accompanied by a representative of Tenant if Tenant so requestsfollowing purposes: (a) for to inspect the purpose Premises, (b) to supply any services or to perform any maintenance obligations of inspecting Landlord, including the same or for the purpose erection and maintenance of doing any work under Paragraph 11(c)such scaffolding, canopies, and may take all such action thereon fences, as may be required, (c) to make such improvements, replacements or additions to the Premises or the Property as Landlord deems necessary or appropriate desirable, (d) to post notices of nonresponsibility, (e) to place any usual or ordinary “for any such purpose sale” signs, or (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (bf) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, to place any usual or ordinary “for the purpose of showing the same to prospective tenantslease” signs. No such entry shall constitute result in any rebate of rent or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises. Landlord shall give reasonable notice to Tenant prior to any entry except in an eviction emergency, or unless Tenant consents at the time of Tenantentry. If Tenant is not personally present to open and permit an entry into the Premises, but at any such lime when for any reason an entry therein shall be done necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in such reasonable any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the Premises or any part thereof, except as otherwise specifically provided herein. Landlord will at all times exercise its rights pursuant to this Lease in a manner so as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees interference with Tenant use of and access to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderPremises.

Appears in 3 contracts

Samples: Standard Lease, Standard Lease (Sophiris Bio Inc.), Standard Lease (Sophiris Bio Inc.)

ENTRY BY LANDLORD. 21.01 Landlord may enter the Premises at all reasonable times to: inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and its authorized representatives other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right upon reasonable notice (to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease. If Landlord shall be not less required to obtain entry by means other than two (2) Business Days except if a shorter notice or no notice is appropriate in light key provided by Tenant, the cost of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, payable by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as additional rent.

Appears in 3 contracts

Samples: Office Lease (Derycz Scientific Inc), Office Lease (Cherokee Inc), Lease Agreement (RigNet, Inc.)

ENTRY BY LANDLORD. Landlord reserves, and shall at any and all49 times have, the right to enter the Premises during business hours to inspect the same, to show the Premises to prospective purchasers or lessees, to post notices of non-responsibility, to repair the Premises and any portion of the Building that Landlord may deem necessary or desirable, without abatement of Rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed; provided, that the entrance to the Premises shall not be blocked unreasonably thereby and, provided, further that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages, injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s exercise of its authorized representatives rights pursuant to this Section 15.01, except and to the extent any such damage, injury or interference results from the negligence of Landlord. Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice Landlord may deem proper to open the doors to or no notice is appropriate in light of the circumstances if there is Premises in an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises without liability to Tenant. Any entry to the Premises obtained by Landlord by any of these means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any portion thereof.50 48 a reasonable readjustment of such entry shall be done by Landlord rental rate based on comparable rentals charged elsewhere in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges the Building at that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with 49 reasonable 50 Landlord agrees to schedule any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees disruptive work with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.advance

Appears in 3 contracts

Samples: Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right at any and all times have, upon reasonable twenty four (24) hours prior written notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative the right to enter the Leased Premises, to inspect tile same, to submit the Leased Premises to prospective purchasers or tenants, to post notices of Tenant if Tenant so requests: (a) for non-responsibility, and to alter, improve or repair the purpose Leased Premises and any portion of inspecting the same Building of which the Leased Premises area part, without abatement of Annual Basic Rent or for the purpose of doing any work under Paragraph 11(c)Additional Rent, and may take all such action thereon as may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be necessary or appropriate performed, always providing that access into the Leased Premises shall not be blocked thereby, and further providing that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Leased Premises or any loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in, upon or about the Leased Premises, excluding Tenant's vaults and safes, and Landlord shall have the right to use any and all means which Landlord may deem proper to open such purpose (but nothing contained doors in this Lease an emergency in order to obtain entry to the Leased Premises, and any entry to the Leased Premises obtained by Landlord by any such means or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Leased Premises or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from all or any such entry portion of the Leased Premises. Nothing in this Article 17 shall be done by construed as obligating Landlord to perform any repairs, alterations or maintenance except as otherwise expressly required elsewhere in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 3 contracts

Samples: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice Notice to Tenant (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light the case of the circumstances if there is an emergency) to enter each Leased Property the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, to current or prospective mortgagees, ground or underlying lessors or insurers and, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at all reasonable business hours any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in any lawful manner; and at all other times in the event of an emergency), accompanied by a representative (C) perform any covenants of Tenant if which Tenant so requests: (a) for fails to perform. Landlord may make any such entries without the purpose abatement of inspecting the same or for the purpose of doing any work under Paragraph 11(c)Rent, except as otherwise provided in this Lease, and may take all such action thereon reasonable steps as may be necessary required to accomplish the stated purposes. Tenant hereby waives any claims for damages or appropriate for any such purpose (but nothing contained in this Lease injuries or otherwise shall create inconvenience to or imply interference with Tenant’s business, lost profits, any duty upon loss of occupancy or quiet enjoyment of the part of Landlord to make any such inspection or do any such work)Premises, and (b) for any other loss occasioned thereby. For each of the purpose of showing such Leased Property above purposes, Landlord shall at all times have a key with which to prospective purchasers unlock all the doors in the Premises, excluding Tenant’s vaults, safes and mortgagees andreasonably sized and located special security areas designated in advance by Tenant and approved by Landlord. In an emergency, at Landlord shall have the right to use any time within six (6) months prior means that Landlord may deem proper to open the doors in and to the expiration of Premises. Any entry into the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done Premises by Landlord in such reasonable the manner as hereinbefore described shall not be deemed to minimize be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any disruption portion of Tenant’s business operationthe Premises. The foregoing notwithstanding, Landlord, by execution No provision of this LeaseLease shall be construed as obligating Landlord to perform any repairs, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may alterations or decorations except as otherwise expressly agreed to be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide performed by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord herein.

Appears in 3 contracts

Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Premises, inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises and responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes, and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 3 contracts

Samples: Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc), Lease Extension Agreement (MKS Instruments Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives may, but shall have not be obligated to, enter the right Premises upon reasonable notice (except in emergency, in which case no notice shall be not less than two (2required) Business Days except if a shorter notice or no notice is appropriate in light and without any abatement of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requestsRent: (a) to examine the Premises; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease; (c) to make repairs, alterations, improvements, and additions to the Premises as Landlord deems necessary or desirable; (d) to perform work necessary to comply with laws, ordinances, rules, or the regulations of any governmental authority or of any insurance underwriter; (e) to perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises; (f) to show the Premises to prospective or actual purchasers, tenants, Mortgagees, investors, and insurers; (g) to post notices of non-responsibility; and (h) for any other purpose permitted by law. In entering the purpose Premises pursuant to this article, Landlord may take thereon any reasonably required materials. Landlord may erect scaffolding and other necessary structures around and within the Premises where reasonably required by the character of inspecting any work to be performed, always providing that the same entrance to the Premises shall not be blocked thereby, and further providing that Landlord shall use reasonable efforts, in light of expense and practicality, to minimize any interference with Tenant’s business. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the purpose of doing any work under Paragraph 11(c)Premises, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease other loss occasioned thereby. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall create not under any circumstances be construed or imply deemed to be a forcible or unlawful entry into, or a detainer of, the Premises or an eviction of Tenant from the Premises or any duty upon portion thereof. During the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this LeaseTerm, Landlord may place upon the Premises leasing and/or for the purpose of showing the same sale notices, which Tenant shall permit to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderremain without molestation.

Appears in 2 contracts

Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)

ENTRY BY LANDLORD. Landlord and its authorized representatives may, but shall have not be obligated to, enter the right Premises upon reasonable notice (except in emergency, in which case no notice shall be not less than two (2required) Business Days except if a shorter notice or no notice is appropriate in light and without any abatement of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requestsRent: (a) to examine the Premises; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease; (c) to make repairs, alterations, improvements, and additions to the Premises as Landlord deems necessary or desirable; (d) to perform work necessary to comply with laws, ordinances, rules, or the regulations of any governmental authority or of any insurance underwriter; (e) to perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises; (f) to show the Premises to prospective or actual purchasers, tenants, Mortgagees, investors, and insurers; (g) to post notices of non-responsibility; and (h) for any other purpose permitted by law. In entering the purpose Premises pursuant to this Article, Landlord may take thereon any reasonably required materials. Landlord may erect scaffolding and other necessary structures around and within the Premises where reasonably required by the character of inspecting any work to be performed, always providing that the same entrance to the Premises shall not be blocked thereby, and further providing that Landlord shall use reasonable efforts, in light of expense and practicality, to minimize any interference with Tenant’s business. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the purpose of doing any work under Paragraph 11(c)Premises, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease other loss occasioned thereby. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall create not under any circumstances be construed or imply deemed to be a forcible or unlawful entry into, or a detainer of, the Premises or an eviction of Tenant from the Premises or any duty upon portion thereof. During the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this LeaseTerm, Landlord may place upon the Premises leasing and/or for the purpose of showing the same sale notices, which Tenant shall permit to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderremain without molestation.

Appears in 2 contracts

Samples: Office and Warehouse Lease Agreement, Office and Warehouse Lease (Tilly's, Inc.)

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have reserves the right at all reasonable times and upon reasonable notice to Tenant (which shall be of not less than two one (21) Business Days business day except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests) to enter the Premises to: (ai) for inspect them; (ii) show the purpose Premises to prospective purchasers, mortgagees or tenants, or to the ground lessors; (iii) to post notices of inspecting nonresponsibility; or (iv) alter, improve or repair the same Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the purpose of doing any work under Paragraph 11(c)Building, and or as Landlord may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing otherwise deem necessary. Notwithstanding anything to the contrary contained in this Lease Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or otherwise shall create or imply any duty upon the part other services required of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants Lease. Any such entries shall be without the abatement of Rent and agrees with shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action hereby waives any claims for damages against or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding the foregoing, any entry by Landlord or Landlord’s agents shall not impair Tenant’s operations more than reasonably necessary, it being understood that in no event and shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereundercomply with Tenant’s reasonable security measures.

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

ENTRY BY LANDLORD. Upon no less than twenty-four (24) hours’ prior notice which may be given orally to Xxxx Xxxxxx or his designee identified in a written notice to Landlord, Landlord shall at any and its authorized representatives shall all times have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Demised Premises to inspect the same, accompanied by a representative of Tenant if Tenant so requests: (a) for to show the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property Demised Premises to prospective purchasers and mortgagees and, at any time within or (in the last six (6) months prior of the Lease Term or any Extended Term) tenants and to post notices of non-responsibility. Landlord shall also have the right to conduct such maintenance and repair of or to the expiration Demised Premises (or the Building) as this Lease requires or allows Landlord to perform, without abatement of Rent, and for that purpose may erect scaffolding and other necessary structures where reasonably required by the character of the Term work to be performed, always providing that the entrance to the Demised Premises shall not be unreasonably blocked thereby, and further provided that the business of this LeaseTenant shall not be interfered with unreasonably. Landlord shall attempt to minimize interference with Tenant’s business. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, loss of occupancy or quiet enjoyment of the Demised Premises, and any other loss occasioned thereby, unless occasioned by the willful act or negligence of Landlord, its agents, employees or contractors. Landlord shall have the right to access without notice and to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Demised Premises without liability to Tenant except for any failure to exercise due care for Tenant’s property. Any entry to the purpose Demised Premises obtained by Landlord by any of showing such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the same to prospective tenants. No such entry shall constitute Demised Premises, or an eviction of Tenant, but Tenant from the Demised Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Lease, Lease (VCG Holding Corp)

ENTRY BY LANDLORD. Landlord and its authorized representatives may, but shall have not be obligated to, enter the right Premises upon reasonable notice (except in emergency, in which case no notice shall be not less than two (2required) Business Days except if a shorter notice or no notice is appropriate in light and without any abatement of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requestsRent: (a) to examine the Premises; (b) to perform any obligation or exercise any right or remedy of Landlord under this Agreement; (c) to make repairs, alterations, improvements, and additions to the Premises as Landlord deems necessary or desirable; (d) to perform work necessary to comply with laws, ordinances, rules, or the regulations of any governmental authority or of any insurance underwriter; (e) to perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises; (f) to show the Premises to prospective or actual purchasers, tenants, Mortgagees, investors, and insurers; (g) to post notices of non-responsibility; and (h) for any other purpose permitted by law. In entering the purpose Premises pursuant to this Article, Landlord may take thereon any reasonably required materials. Landlord may erect scaffolding and other necessary structures around and within the Premises where reasonably required by the character of inspecting any work to be performed, always providing that the same entrance to the Premises shall not be blocked thereby, and further providing that Landlord shall use reasonable efforts, in light of expense and practicality, to minimize any interference with Tenant’s business. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the purpose of doing any work under Paragraph 11(c)Premises, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease other loss occasioned thereby. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall create not under any circumstances be construed or imply deemed to be a forcible or unlawful entry into, or a detainer of, the Premises or an eviction of Tenant from the Premises or any duty upon portion thereof. During the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this LeaseTerm, Landlord may place upon the Premises leasing and/or for the purpose of showing the same sale notices, which Tenant shall permit to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderremain without molestation.

Appears in 2 contracts

Samples: Office and Warehouse Lease Agreement, Office and Warehouse Lease (Tilly's, Inc.)

ENTRY BY LANDLORD. Upon 24 hours prior written notice, except to the event of an emergency in which no notice need be given, Landlord reserves and its authorized representatives shall at all times have the right to re-enter the Premises to inspect the same, to show the Premises to prospective purchasers, mortgagees or tenants, and to alter, improve, or repair the Premises and any portion of the Building, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises (except for safes, drawers, etc. containing valuables), and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice Landlord may deem necessary or no notice is appropriate proper to open said doors in light an emergency, in order to obtain entry to any portion of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours Premises (and at all other times in the event of an emergency)except for safes, accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(cdrawers, etc. containing valuables), and may take all such action thereon as may any entry to the Premises, or portions thereof obtained by Landlord shall not under any circumstances be necessary construed or appropriate for deemed to be a forcible or unlawful entry into the Premises, or any such purpose (but nothing contained in this Lease eviction, actual or otherwise constructive, of Tenant from the Premises or any portions thereof. Landlord shall create also have the right at any time, without the same constituting an actual or imply constructive eviction and without incurring any duty upon liability to Tenant, to change the part arrangement and/or location of Landlord to make any such inspection entrances or do any such work)passageways, doors and doorways, and (b) for the purpose of showing such Leased Property to prospective purchasers corridors, elevators, stairs, toilets, parking facilities, loading docks and mortgagees andareas, at any time within six (6) months prior to the expiration delivery and pick-up areas or other public parts of the Term of this LeaseBuilding and to change the name, for number or designation by which the purpose of showing Building is commonly known; provided, however, Landlord agrees that it. will not name the same Building or allow any identification signs to prospective tenants. No such entry shall constitute an eviction be placed so as to identify the Building as being owned by any particular competitor of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Zynerba Pharmeceuticals, Inc.), Lease Agreement (Zynerba Pharmeceuticals, Inc.)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Premises upon not less than twenty-four (24) hours prior notice, except in the case of an emergency, to inspect the same, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers or tenants, to post notices of nonresponsibility, to alter, improve or repair the Premises or any other portion of the Building and/or the Parking Facilities, all without being deemed guilty of any eviction of Tenant and, except as otherwise provided in Paragraph 64, without abatement of rent. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss in, upon and about the Premises. Landlord shall at all times have and retain a key with which to unlock all doors in the Premises, excluding Tenant's vaults, safes and other security areas. Landlord shall have the right upon reasonable notice (to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into the Premises, or an eviction of Tenant from the Premises or any portion thereof, and any damages caused on account thereof shall be not less than two (2) Business Days paid by Tenant. It is understood and agreed that no provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times as otherwise expressly agreed herein by Landlord. Except in the event of an emergency), accompanied Tenant shall have the right to have one of its personnel accompany Landlord on any entry by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose Premises. Landlord's absolute right of showing such Leased Property entry to the Premises to show the Premises to prospective purchasers and mortgagees and, at any time within six (6) months prior tenants shall be limited to the expiration last year of the Term of this LeaseTerm; provided, for the purpose of showing the same to prospective tenants. No such entry that at all other times Tenant shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake use its commercially reasonable efforts to maintain and preserve cooperate with Landlord's reasonable requests to display the privacy and confidentiality of such information and records. Landlord’ failure Premises to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderprospective tenants.

Appears in 2 contracts

Samples: Litronic Inc, Litronic Inc

ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times, and upon reasonable one (1) Business Day’ prior notice (which provided that notice may be for a shorter period if necessary due to work required by a governmental authority and that no such prior notice shall be not less than two required in the event of an emergency or if Landlord is responding to a work order or other request by Tenant for particular services, or for any previously scheduled provision of services to the Premises) to (2a) Business Days except if a shorter notice inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) perform any service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or no notice is appropriate in light (during the final twelve (12) months of the circumstances if there Lease Term) tenants, (d) post notices of non-responsibility, and (e) alter, improve or repair the Premises (to the extent such work is an emergencyrequired or permitted hereunder to be performed by Landlord) to enter each Leased Property at all reasonable business hours (or any other portion of the Project. Provided Tenant makes a representative available by the end of the applicable notice period provided for above and at all other times excluding any entry in the event of an emergency), Tenant may require that Landlord or any representative of Landlord entering the Premises pursuant to the provisions of this Paragraph 23, be accompanied at all times by a representative of Tenant if Tenant so requests: (a) Tenant. Landlord and its agents shall hold all information, data, and materials they view or access while on the Premises in strict confidence and shall not disclose such materials to any third person without Tenant’s prior written consent. All access shall be subject to Tenant’s then security and access protocols and procedures provided such protocols and procedures are reasonable, do not cause Landlord to incur additional expense and allow Landlord to achieve the permitted purpose for the purpose entry into the Premises. Notwithstanding the foregoing, in the event of inspecting an actual emergency (i.e., imminent danger to persons or property, as determined by Landlord’s representative in good faith) where it is not possible through reasonable means to coordinate access to the same Premises with Tenant, Landlord may make such access without a Tenant representative present but only (i) to the extent necessary (as determined by Landlord’s representative on site in good faith) to address the emergency and (ii) if Landlord uses diligent and good faith to immediately notify Tenant of the access. Under no circumstances may Landlord remove Tenant’s equipment, records, data, or other materials from the Premises without Tenant’s prior written authorization. Landlord shall not be permitted to touch or operate any of Tenant’s computer, telecommunications, and other equipment located in the Premises. Notwithstanding anything to the contrary herein, Landlord shall not be responsible for the purpose conduct of doing any work fire department personnel or similar government personnel that enters the Premises. In connection with any alteration, improvement or repair performed during Landlord’s entry under Paragraph 11(c)this Xxxxxxxxx 00, Xxxxxxxx may erect in the Premises or elsewhere in the Project scaffolding and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) other structures reasonably required for the purpose of showing such Leased Property work to prospective purchasers and mortgagees and, at any time within six (6) months prior be performed. Except as expressly set forth herein to the expiration of the Term of this Leasecontrary, for the purpose of showing the same to prospective tenants. No in no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional material expense and shall, in any event, perform any extraordinarily noisy or disruptive work after Business Hours or on weekends to the extent such procedures would be generally followed by operators of other comparable buildings in San Francisco (except to the extent an emergency and/or Legal Requirements require otherwise, as determined by Landlord in good faith). If work is performed during non-Business Hours, Landlord shall clean up the work area prior to the commencement of the next Business Day. Landlord will use reasonable efforts to provide Tenant with five (5) days prior notice (or, if five (5) days prior notice cannot be given under the circumstances, as much prior notice as reasonably possible under the circumstances) of any action hereunder that will substantially interfere with Tenant’s ability to (i) conduct business in the Premises or the 9th Floor Deck, (ii) gain access to and from the Premises or the 9th Floor Deck, or (iii) use or have access to and egress from the Parking Facility. To the extent that Landlord installs, maintains, uses, repairs or replaces pipes, cables, ductwork, conduits, utility lines, and/or wires through hung ceiling space, exterior perimeter walls and column space, adjacent to and in demising partitions and columns, in or beneath the floor slab or above, below, or through the Premises, then in the course of making any such installation or repair: (x) Landlord shall not reduce Tenant’s usable space, except to a de minimus extent, if the same are not installed behind existing walls or ceilings; (y) Landlord shall box in any of the same installed adjacent to existing walls with construction materials substantially similar to those existing in the affected area(s) of the Premises; and (z) Landlord shall repair all damage caused by the same and restore such area(s) of the Premises to the condition existing immediately prior to such work. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. Notwithstanding the foregoing, Tenant, at its own expense, may provide its own locks to a reasonably sized area within the Premises (“Secured Area”). Tenant need not furnish Landlord in such reasonable manner as with a key to minimize any disruption the Secured Area, but upon the expiration or earlier termination of Tenant’s right to possession to the Premises, Tenant shall surrender all such keys to Landlord. If Landlord requires access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines, in good faith, that an emergency in the Building or the Premises, including, without limitation, a suspected fire, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. Notwithstanding the foregoing provisions of this Paragraph 23, if any such entry or work by Landlord is (i) necessitated due to reasons (a) within the reasonable control of Landlord or its agents or employees and continues for five (5) or more consecutive Business Days, or (b) outside of Landlord’s reasonable control and continues for thirty (30) or more consecutive days, and during the period of entry or work, all or a substantial part of the Premises are rendered unusable due to such entry or work such that Tenant is unable to, and does not, conduct its business operationin a material portion of the Premises, then Tenant shall be entitled to an abatement of Monthly Rent and Additional Rent commencing as of the first (1st) day after the expiration of such five (5) Business Day or thirty (30) day period (as applicable) and terminating upon the cessation of such entry or work and the delivery of such Premises to Tenant in broom-clean condition; any such abatement shall be based on the portion of the Premises rendered unusable due to such entry or work. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time provisions shall not apply to time. Accordingly, in connection with any entry into a Leased Property pursuant or work necessitated due to this Pxxxxxxxx 00(i) damage from fire or other casualty which shall be governed by Paragraph 26 or (ii) the negligence or willful misconduct of Tenant or its agents, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease employees or effect any offsets against any Rent payable hereundercontractors.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Upon 24 hour notice to Tenant (except in the case of an emergency where no notice shall be required), Landlord reserves and its authorized representatives shall at any and all reasonable times have the right to enter the Premises to inspect the same, to show the Premises to prospective brokers, agents, purchasers or tenants (but with respect to leasing brokers or prospective tenants, only during the last eighteen (18) months of the Term or while Tenant is in default hereunder), to post notices of non-responsibility, sale or other notices, and to alter, improve or repair the Premises and any portion of the Building without abatement of rent, and may for those purposes erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing the entrance to the Premises shall not be blocked thereby. Tenant hereby waives any claim for damages for any injury, nuisance or other inconvenience to or interference with Tenant's business, any loss of occupancy, business or quiet enjoyment of the Premises, and other loss occasioned by such entry. For each of the aforesaid purposes, Tenant agrees that Landlord shall at all times have and retain a key with which to unlock all of the doors in and about the Premises, excluding Tenant's vaults and safes, and Landlord shall have the right upon reasonable notice (to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be not less than two (2) Business Days except if construed or deemed to be a shorter notice forcible or no notice is appropriate in light unlawful entry into or a detainer of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Premises, accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant from the Premises or any portion thereof. Landlord shall use reasonable and good faith efforts to do any work permitted pursuant to this paragraph in a manner that will minimize to the extent practicable the disruption of Tenant, but any such entry shall be 's business in the Premises. In the event that the Premises are rendered untenantable for a period in excess of three days by reason of work done by Landlord in such reasonable manner as to minimize any disruption under this paragraph that is not made necessary by reason of Tenant’s business operation. The foregoing notwithstanding, Landlord's default, by execution the requirements of this Leaseany insurer or by the provisions of applicable laws or rules of law, agrees the rentals and acknowledges charges payable by Tenant hereunder shall xxxxx from the date the Premises become untenantable until Landlord's work is sufficiently completed that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that Tenant may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderresume operations.

Appears in 2 contracts

Samples: Lease (Daily Journal Corp), Lease (Daily Journal Corp)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Premises, inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, and to alter, improve or repair the Premise and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for the purpose erect scaffolding and other necessary structures where reasonable required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Quokka Sports Inc, Quokka Sports Inc

ENTRY BY LANDLORD. Landlord reserves, and its authorized representatives shall during normal business hours upon reasonable written notice to Tenant and subject to Tenant's security requirements, as herein defined, have the right to enter the Premises, inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or during the last six months of the Term to prospective tenants, to post notices of non-responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of Rent and may for that purpose in connection with any work required to be performed by Landlord under this Lease, Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant, in favor of Landlord, only hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy of the Premises, and any other loss occasioned thereby unless caused by negligence or willful acts of Landlord. For each of the aforesaid purposes, Landlord shall, at all times, have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files and locked documentation room (or other acknowledged secure areas), and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not, under any circumstances, be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Hei Inc, Colorado Medtech Inc

ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right all reasonable times, and upon reasonable advance notice (which shall provided that no advance notice need be not less than two given if an emergency (2as determined by Landlord in its reasonable judgment) Business Days except if a shorter notice necessitates an immediate entry or no notice is appropriate in light of the circumstances if there is an emergency) prior to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergencyentry to provide routine janitorial services), accompanied by a representative of Tenant if Tenant so requests: enter the Premises to (a) for the purpose of inspecting inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or for the purpose tenants, (d) post notices of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)nonresponsibility, and (be) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the purpose of showing such Leased Property work to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of be performed. Except as otherwise expressly provided in this Lease, for the purpose of showing the same to prospective tenants. No in no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of not constitute a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any forcible or unlawful entry into the Premises, a Leased Property pursuant to this Pxxxxxxxx 00detainer of the Premises, Xxxxxxxx covenants and agrees with or an eviction of Tenant to undertake commercially reasonable efforts to maintain and preserve from the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this LeasePremises, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Embarcadero Technologies Inc, Office Lease (Critical Path Inc)

ENTRY BY LANDLORD. Landlord reserves, and its authorized representatives shall at any and all reasonable times with reasonable notice have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Premises to inspect the same, accompanied to supply any service to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)Tenant hereunder, and (b) for to show the purpose of showing such Leased Property Premises to prospective purchasers and mortgagees andor tenants (with regard to prospective tenants, at any time within six such entrance shall not occur earlier than one hundred eighty (6180) months days prior to the expiration of the Term Term), to post notices of this Leasenon-responsibility, and to maintain and repair the Premises and any portion of the Building that Landlord may deem necessary or desirable, without abatement of Rent, and may for that purpose erect scaffolding and other necessary structures, where reasonably required by the purpose character of showing the same work to prospective tenantsbe performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of the Tenant shall not be interfered with unreasonably. No such For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes, files, and other areas designated as secure by Tenant, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in the event of an emergency (as determined by Landlord or its employees or representatives acting in good faith), in order to obtain entry to the Premises without liability to Landlord. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall constitute not under any circumstances be construed or be deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Standard Lease Agreement (Health Net Inc), Standard Lease Agreement (Health Net Inc)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Premises, inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement or rent any may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon or about the Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant’s property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)

ENTRY BY LANDLORD. 21.01 Landlord may enter the Premises at all reasonable times and upon reasonable notice to: inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its authorized representatives obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant's vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right upon reasonable notice (to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant's duties under this Lease. If Landlord shall be not less required to obtain entry by means other than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied key provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any the cost of such entry shall be done payable by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as additional rent.

Appears in 2 contracts

Samples: Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc), Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Premises, inspect the same, supply janitorial service and or any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, to post notices of non- responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises excluding Tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Lease Agreement (Prime Bancorp Inc), Office Building Lease (Prime Bancorp Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall at all reasonable times have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Premises to inspect the same, accompanied to supply any service required to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of Tenant under this Lease, for to exhibit the purpose Premises to prospective lenders or purchasers (or during the last year of showing the same Term, to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to repair the Premises or to alter, improve or repair any other portion of the Building or Project, all without being deemed guilty of or liable for any breach of Landlord’s covenant of quiet enjoyment or any eviction of Tenant, but any and without abatement of rent; provided Landlord complies with its obligations hereunder. In exercising such entry rights, Landlord shall be done by Landlord in such reasonable manner as to minimize any disruption not unreasonably interfere with the normal operation of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that or Tenant’s primary business is access to the conduct of affairs Premises and business of a financial institution shall comply with Tenant’s reasonable security and confidentiality safety measures, and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection shall provide Tenant with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality advance notice of such information entry of not less than one (1) business day (except in emergency situations). For each of the foregoing purposes, Landlord shall at all times have and recordsretain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes and designated secure or confidential areas, and Landlord shall have the means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of rent or termination of the Lease and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by Landlord except, subject to the provisions of Section 22.1, to the extent of Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease ’s negligence or effect any offsets against any Rent payable hereunderwillful misconduct.

Appears in 2 contracts

Samples: QuantumScape Corp, QuantumScape Corp

ENTRY BY LANDLORD. Landlord reserves the right and its authorized representatives shall at any and all times have the right to enter the Premises, inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant’s property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forceable or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Premises, inspect the same, to show said Premises to prospective purchasers or tenants, to post notices of non-responsibility, and to alter, improve, or repair the Premises and any portion of the Project of which the Premises are a part that Landlord may deem necessary or desirable without abatement of Monthly Rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing, that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises and other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon, and about the Premises, excluding Tenant's vaults, safes, and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises without liability to tenant except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord failure to make any such inspection or do any such work), and (b) exercise due care for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior Tenant's property. Any entry to the expiration Premises obtained by Landlord by any of said means or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute Premises or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Attornment and Non Disturbance Agreement (Optimer Pharmaceuticals Inc), Attornment and Non Disturbance Agreement (Optimer Pharmaceuticals Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have may enter the right upon Premises at reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times except in the event of an emergency)emergency or an entry pursuant to Subsection (d) below, accompanied by a representative of Tenant if Tenant so requestsupon at least twenty-four hours' notice) to: (a) for inspect the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and same; (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing exhibit the same to prospective purchasers, lenders or tenants. No such entry shall constitute an eviction ; (c) determine whether Tenant is complying with all of Tenant's obligations hereunder; (d) supply janitor service and any other service to be provided by Landlord to Tenant hereunder, but (e) post notice of non-responsibility; and (f) make repairs required of Landlord under the terms hereof or repairs to any adjoining space or utility service or make repairs, alterations or improvements to any other portion of the Building, provided, however, that all such entry work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about Premises (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance) and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord in such reasonable manner as by any of said means, or otherwise, shall not be construed or deemed to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of be a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any forcible or unlawful entry into or a Leased Property pursuant to this Pxxxxxxxx 00detainer of the Premises or an eviction, Xxxxxxxx covenants and agrees with actual or constructive, of Tenant to undertake commercially reasonable efforts to maintain and preserve from the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this LeasePremises, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Adexa Inc, Adexa Inc

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property the Premises at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting any time to inspect the same or for to cure any default (including a breach of the purpose Office Building Rules and Regulations), to supply any service to be provided by Landlord hereunder, to submit the Premises to prospective purchasers, tenants or mortgagees, to post notices of doing non-responsibility, and to alter, improve or repair the Premises and any work under Paragraph 11(c)portion of the Building without abatement of rent, and may take all such action thereon as may for the purposes of repair and alteration erect scaffolding and other necessary structures where reasonably required by the character of the work to be necessary performed, providing that the business of Tenant shall not be interfered with unreasonably. Unless caused by the negligent or appropriate willful acts of Landlord, Tenant hereby waives any claim for damages for any such purpose (but nothing contained in this Lease injury or otherwise inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord's entry for any of the aforesaid purposes. For each of the aforesaid purposes, Landlord at all times shall create or imply any duty have and retain a key with which to unlock all of the doors upon the part of Premises, excluding Tenant's vaults, and Landlord shall have the right to make use any and all means to open said doors in an emergency in order to obtain entry to the Premises, and any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior entry to the expiration Premises obtained by Landlord shall not under any circumstances constitute forcible or unlawful entry into or a detainer of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute Premises or an eviction of Tenant, but Tenant from the Premises or any such entry portion thereof. Landlord shall not be done liable for the consequences of admitting by Landlord in such reasonable manner as passkey or refusing to minimize admit to the Premises Tenant or any disruption agent or employee of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right to enter the Premises at reasonable times to inspect the same to determine whether Tenant is complying with its obligations hereunder; to supply any service to be provided by Landlord hereunder; and to supply janitorial service and any other service to be provided by Landlord to Tenant hereunder; and, upon reasonable notice to Tenant, may exhibit the Premises to prospective purchasers, mortgagees or, within the last twelve (12) months of the Term, prospective tenants; to post notices of nonresponsibility; and to alter, improve or repair the Premises and any portion of the Building and Project, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures that are reasonably required by the character of the work to be performed by Landlord, provided that the business of Tenant shall not be interfered with unreasonably. In the event Landlord desires to enter the Premises with any third party whom Tenant reasonably identifies as a business competitor of Tenant, Tenant shall have the right, at Tenant's option, to designate an available representative to accompany Landlord and its authorized representatives such third party within the Premises. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) Landlord may deem proper to enter each Leased Property at all reasonable business hours (and at all other times open such doors in the event of an emergency). Any entry to the Premises or portions thereof obtained by Landlord by any of said means, accompanied by or otherwise, shall not under any circumstances be construed or deemed to be a representative forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant if Tenant so requests: (a) for from the purpose of inspecting the same Premises, or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Lease (Peregrine Systems Inc), Lease (Peregrine Systems Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall at all reasonable times have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Premises to inspect the same, accompanied to supply any service required to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of Tenant under this Lease, for to exhibit the purpose Premises to prospective lenders or purchasers (or during the last year of showing the same Term, to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises or any other portion of the Building, all without being deemed guilty of or liable for any breach of Landlord's covenant of quiet enjoyment or any eviction of Tenant, but and without abatement of rent. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and shall provide Tenant with reasonable advance written notice of such entry (except in emergency situations). Landlord shall have the means which Landlord may deem proper to open Tenant's doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry shall be done by Landlord in except, subject to the provisions of Section 22.1, to the extent of Landlord's gross negligence or willful misconduct, but Landlord shall promptly repair, at its sole cost, all damage caused by its entry to the extent such reasonable manner as damage is not covered by insurance Tenant carries or is required to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable carry hereunder.

Appears in 2 contracts

Samples: Aurora Biosciences Corp, Aurora Biosciences Corp

ENTRY BY LANDLORD. Landlord reserves, and its authorized representatives shall at any and all times have, the right to enter the Premises to inspect the same, to submit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, to post “For Rent” signs, to repair the Premises and any portion of the Property of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of Rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed. Tenant hereby waives any claim for damages or for any injury or inconvenience with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease or otherwise shall create or imply failure to exercise due care for Tenant's property and any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior entry to the expiration premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Retail Lease Agreement, Retail Lease Agreement

ENTRY BY LANDLORD. Landlord reserves, and its authorized representatives shall during normal business hours have, the right, upon no less than 2 business days’ prior written notice to Tenant, to enter the Premises to inspect them; to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, mortgagers or tenants; to place “For Sale” signs (at any time) or “For Lease” signs (during the last twelve months of the term, or during the period of any default); to post notices of nonresponsibility; and to alter, improve or repair the Premises and any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the Premises where reasonably required by the character of the work to be performed; provided, however, that the business of Tenant shall be interfered with to the least extent that is reasonably practical. For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Notwithstanding the foregoing, Tenant shall not be required to provide Landlord with keys to unlock interior office doors, or to unlock interior areas containing safes, computer servers, or sensitive, proprietary or confidential information of Tenant. Landlord shall also have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to change the expiration arrangement or location of public parts of the Term Complex and to change the name, number or designation by which the Complex is commonly known, and none of this Lease, for the purpose of showing the same to prospective tenants. No such entry foregoing shall constitute be deemed an actual or constructive eviction of Tenant, but or shall entitle Tenant to any reduction of rent hereunder and no such entry changes shall be done by Landlord in such reasonable manner as to minimize any disruption of unreasonably interfere with Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution use of this Lease, agrees and acknowledges that Tenant’s primary business is or access to the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable Premises leased hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)

ENTRY BY LANDLORD. Landlord Landlord, its agents, employees, and its authorized representatives shall have contractors may enter the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Demised Premises at any time in light of the circumstances if there is response to an emergency) to enter each Leased Property at all reasonable business hours (emergency and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: reasonable hours to (a) for inspect the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c)same, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for exhibit the purpose of showing such Leased Property same to prospective purchasers and mortgagees andpurchasers, at any time within lenders or tenants during the last six (6) months prior to the expiration of the Term of this Lease, (c) determine whether Tenant is complying with all its obligations in this Lease, (d) post notices of non-responsibility or similar notices, or (e) make repairs required of Landlord under the terms of this Lease; however, all such work will be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. If no emergency exists, any entry (whether or not detailed above) will be upon 24 hours advance notice to Tenant by Landlord. Tenant by this Article 20.00 waives any claim against Landlord, its agents, employees or contractors for damages for: any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the purpose of showing the same to prospective tenants. No Demised Premises, or any other loss occasioned by such entry shall constitute an eviction of if such entry is made in compliance with this Article 20.00. Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by the execution of this Lease, agrees and acknowledges that Tenant’s primary business is Landlord may use whatever means it deems advisable in light of the conduct of affairs particular emergency to gain access to the Demised Premises. Landlord will have the right to use any and business of all means which Landlord may deem proper to open doors in and to the Demised Premises in an emergency in order to obtain entry to the Premises. Any entry to the Demised Premises obtained by Landlord by any means permitted under this Article 20.00 will not under any circumstances be construed or deemed to be a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any forcible or unlawful entry into or a Leased Property pursuant to this Pxxxxxxxx 00detainer of the Demised Premises or an eviction, Xxxxxxxx covenants and agrees with actual or constructive, of Tenant from the Demised Premises, or any portion of the Demised Premises, nor will any such entry entitle Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality damages or an abatement of such information and records. Landlord’ failure to discharge and abide by Base Monthly Rent, Additional Rent, or other charges which this covenant and undertaking shall constitute a breach of this Lease, entitling Lease requires Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderpay.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)

ENTRY BY LANDLORD. Tenant shall designate a person at the Premises with whom Landlord may coordinate entry and access. Landlord reserves, and shall at any and all times have, the right to enter the Premises to inspect the same, to show the Premises to prospective purchasers, to post notices of nonresponsibility, to repair or maintain the Premises and any portion of the Building that Landlord may deem necessary or desirable, without abatement of Rent. At any time when Tenant is in default hereunder, during the last year of the Term or at any time when Tenant requests consent to a Transfer, Landlord or its authorized representatives property manager or broker may enter the Premises to show the Premises to prospective tenants. Except in emergencies or for regularly scheduled purposes (such as janitorial) Landlord shall give reasonable advance notice to Tenant’s designated representative (which may be email or telephonic notice) before entering the Premises. Tenant waives any claim for damages, injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s exercise of its rights pursuant to this Article or any comparable provision in this Lease. Landlord shall at all times have and retain a key, security card or other access device with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice Landlord may deem proper to open the doors to or no notice is appropriate in light of the circumstances if there is Premises in an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises without liability to Tenant. Any entry to the Premises obtained by Landlord by any of these means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Office Lease (Impinj Inc), Office Lease (Impinj Inc)

ENTRY BY LANDLORD. Landlord reserves, and its authorized representatives shall during normal business hours upon reasonable written notice to Tenant and subject to Tenant's security requirements, as herein defined, have the right to enter the Premises, inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or during the last six months of the term to prospective tenants, to post notices of non-responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for that purpose in connection with any work to be performed by Landlord under this Lease, Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby unless caused by negligence or willful acts of Landlord. For each of the aforesaid purposes, Landlord shall, at all times, have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files and locked documentation room, as defined in Paragraph 31, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not, under any circumstances, be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Vstream Inc /Co, Vstream Inc /Co

ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall at all reasonable times have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (the Premises to inspect the same, to supply janitorial service and at all any other times in the event of an emergency), accompanied service required to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of Tenant under this Lease, for to exhibit the purpose Premises to prospective lenders or purchasers (or during the last year of showing the same Term, to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises or any other portion of the Building or Project, all without being deemed guilty of or liable for any breach of Landlord’s covenant of quiet enjoyment or any eviction of Tenant, but any and without abatement of rent. In exercising such entry rights, Landlord shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake use commercially reasonable efforts to maintain minimize, as reasonably practicable, the interference with Tenant’s business, and preserve the privacy and confidentiality shall provide Tenant with reasonable advance written notice of such information entry (except in emergency situations and recordsfor scheduled services). For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, and Landlord shall have the means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 2 contracts

Samples: Work Letter Agreement (Auspex Pharmaceuticals, Inc.), Work Letter Agreement (Auspex Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. Subject to Tenant's security procedures ("TENANT SECURITY PROCEDURES"), a written summary of which Tenant shall provide to Landlord within sixty (60) days following the Commencement Date, Landlord reserves and its authorized representatives shall at any and all reasonable times have the right to enter the Premises, inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, and to improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided that Landlord's activities have been reasonable. Any such entrance shall be done in a manner that minimizes interference with Tenant's business operations at the Premises. For each of the aforesaid purposes, subject to Tenant Security Procedures, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency)Premises without liability to Tenant, accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not under any circumstances be construed or imply any duty upon the part of Landlord deemed to make any such inspection be a forcible or do any such work)unlawful entry into, and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration or a detainer of the Term of this Leasepremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Office Building Lease (Doubleclick Inc), Office Building Lease (Abacus Direct Corp)

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon to ----------------- enter the Premises during normal business hours, after oral or written notice to Tenant and in accordance with Tenant's reasonable security procedures (except at any time, without prior notice but with subsequent notice and without compliance with security procedures in the case of an emergency provided that even in the case of emergency, Landlord shall first attempt to gain access through Tenant's on-site personnel, if reasonably possible) to (which shall be not less than a) inspect the Premises, (b) exhibit the Premises to prospective purchasers, lenders or, in the last two (2) Business Days except if a shorter notice or no notice is appropriate in light years of the circumstances if there term (unless Tenant has properly exercised its succeeding extension right) tenants, (c) determine whether Tenant is an emergencyperforming all of Tenant's obligations, (d) supply any service to enter each Leased Property at all reasonable business hours be provided by Landlord, (and at all other times in the event e) post notices of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)nonresponsibility, and (bf) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at make any time within six (6) months prior repairs to the expiration Premises, or make any repairs to any adjoining space or utility services, or make any repairs, alterations or improvements to any other portion of the Term Property, provided all such work shall be done as promptly as reasonably practicable and so as to cause as little interference to Tenant as reasonably practicable. Tenant waives all claims for damages for any injury or inconvenience to or interference with Tenant's business, any loss of this Lease, for occupancy or quiet enjoyment of the purpose of showing the same to prospective tenants. No Premises or any other loss occasioned by such entry except to the extent caused by Landlord's negligence or intentional misconduct. Landlord shall constitute have the right to use any and all reasonable means in an eviction emergency to obtain entry to the Premises for purposes of Tenantremediating the emergency, but and any such entry shall be done to the Premises obtained by Landlord in by any of such reasonable manner as means shall not be construed or deemed to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of be a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any forcible or unlawful entry into or a Leased Property pursuant detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. For purposes of the Lease an "emergency" shall mean a condition which poses a threat of immediate and material harm to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease person or effect any offsets against any Rent payable hereundersubstantial property.

Appears in 2 contracts

Samples: Campus Lease (Monsanto Co /New/), Campus Lease (Monsanto Co /New/)

ENTRY BY LANDLORD. Landlord reserves, and its authorized representatives shall at any and all reasonable times with reasonable notice have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergencya) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for Premises to inspect the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and same; (b) for to supply any service to be provided by Landlord to Tenant hereunder; (c) to show the purpose of showing such Leased Property Premises to prospective purchasers and mortgagees and, at any time within six or tenants (6) months with regard to prospective tenants such entrance shall not occur earlier than 180 days prior to the expiration of the Term Term), to post notices of this Leasenon-responsibility; (d) to gain access to mechanical rooms, electrical vaults, utility meters, telephone points of entry, elevator machine rooms, janitorial supply rooms, and Building Systems; and (e) to maintain and repair the Premises and any portion of the Building that Landlord may deem necessary or desirable; all without abatement of Rent, and may for that purpose erect scaffolding and other necessary structures, where reasonably required by the purpose character of showing the same work to prospective tenantsbe performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of the Tenant shall not be interfered with unreasonably. No such For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in the event of an emergency (as determined by Landlord or its employees or representatives acting in good faith), in order to obtain entry to the Premises without liability to Landlord. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall constitute not under any circumstances be construed or be deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Standard Lease Agreement (Allbirds, Inc.), Standard Lease Agreement (Allbirds, Inc.)

ENTRY BY LANDLORD. Landlord shall at any and all times have the right to enter the Demised Premises to inspect the same, to show the Demised Premises to prospective purchasers or tenants and to post notices of non-responsibility. Landlord shall also have the right to conduct such maintenance and repair of or to the Demised Premises (or the Building) as Landlord may deem necessary, without abatement of Rent, and for that purpose may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Demised Premises shall not be unreasonably blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Landlord shall use its authorized representatives reasonable efforts to provide advance notice of any such entry to Tenant and shall attempt to minimize interference with Tenant’s business. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, loss of occupancy or quiet enjoyment of the Demised Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Demised Premises, excluding Tenant’s vaults, safes and files. Landlord shall have the right upon reasonable notice (to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Demised Premises without liability to Tenant except for any failure to exercise due care for Tenant’s property. Any entry to the Demised Premises obtained by Landlord by any of such means, or otherwise, shall not under any circumstances be not less than two (2) Business Days except if construed or deemed to be a shorter notice forcible or no notice is appropriate in light unlawful entry into, or a detainer of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Demised Premises, accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Demised Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)

ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall at all times have the right upon reasonable notice to enter the Premises to inspect the same, to supply janitorial service and any other service required to be provided by Landlord to Tenant under this Lease,) to exhibit the Premises to prospective lenders or purchasers (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light during the last year of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Term, accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises or any other portion of the Building or Project, all without being deemed guilty of or liable for any breach of Landlord's covenant of quiet enjoyment or any eviction of Tenant, and without abatement of rent, provided such entry by Landlord or its employees and agents is reasonable in manner and duration. Landlord shall provide Tenant with reasonable notice prior to any entry into the Premises for purposes of inspection, exhibition, posting notices or making alterations, but no prior notice shall be required for any entry for providing janitorial services, relamping, recurring maintenance work or responding to emergencies. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and shall provide Tenant with reasonable advance written notice of such entry (except in emergency situations). For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, and Landlord shall have the means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of rent, provided that Landlord reasonably entered the Premises for a permitted purpose. Any repairs to the Premises necessitated on account of any such entry by Landlord shall be done by Landlord in Landlord's responsibility, unless such reasonable manner as to minimize any disruption of repairs result from Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ 's failure to discharge and abide by provide Landlord with properly labeled keys for the Premises. Nothing in this covenant and undertaking Paragraph 17 shall constitute a breach of this Leasebe construed as obligating Landlord to perform any repairs, entitling Tenant to pursue an action for damages against Landlordalterations or decorations, it being understood that except as otherwise expressly required in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderto be performed by Landlord.

Appears in 2 contracts

Samples: Office Lease (SHG Holding Solutions Inc), Office Lease (Leasehold Resource Group LLC)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right (upon reasonable notice to Tenant except in cases of emergency) to enter the Premises, inspect the same, supply janitorial service and other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, and to after, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding any other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, unless caused by the negligence or willful misconduct of Landlord or its authorized representatives agents. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forceable or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and its authorized representatives upon reasonable notice to Tenant to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (during the last year of the Lease Term), or to the ground lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Except as provided in Section 6.8 above and subject to Landlord’s indemnity obligations in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, . For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right upon reasonable to enter without notice (which and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the manner hereinbefore described shall not be not less than two (2) Business Days except if deemed to be a shorter notice forcible or no notice is appropriate in light unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the circumstances if there Premises. Landlord agrees that at all times that it is an in the Premises (other than in the case of emergency) it will use its commercially reasonable efforts not to enter each Leased Property at all reasonable unreasonably interfere with the business hours (of Tenant, and at all other times in the event of an emergency), that it will be accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any if so requested by Tenant and if such entry shall be done by Landlord in such reasonable manner as to minimize any disruption representative is available at the time of TenantLandlord’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any intended entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderPremises.

Appears in 2 contracts

Samples: Lease (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)

ENTRY BY LANDLORD. Tenant shall permit Landlord and its authorized representatives shall have Agents to enter into and upon the right Premises at all reasonable times, upon reasonable notice (which shall be not of no less than two twenty four (224) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times except in the event case of an emergency), accompanied by a representative of Tenant if Tenant so requests: (afor which no notice shall be required) and, subject to Tenant’s reasonable security arrangements, for the purpose of inspecting the same or for showing the purpose Premises to prospective purchasers, lenders or tenants or to alter, improve, maintain and repair the Premises as required or permitted of doing Landlord under the terms hereof. Landlord and its Agents shall also be permitted to access the roof of the Building to maintain and repair the roof of the Building and any work under Paragraph 11(c)Building equipment located on the roof, including HVAC equipment, and may take all such action thereon as may no prior notice to Tenant shall be necessary or appropriate required for any such purpose access. In each instance, such entry or access by Landlord or its Agents shall be without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned (but nothing contained in this Lease except for actual damages resulting from the gross negligence or otherwise shall create or imply any duty upon the part willful misconduct of Landlord or its Agents or Landlord’s breach of a material obligation under this Lease). Tenant shall permit Landlord to make any post notices of non-responsibility and ordinary “for sale” or “for lease” signs, provided that Landlord may post such inspection or do any such work), “for lease” signs and (b) for exhibit the purpose of showing such Leased Property Premises to prospective purchasers and mortgagees and, at any time within six tenants only during the nine (69) months prior to the expiration of the Term termination of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is Tenant from the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderPremises.

Appears in 2 contracts

Samples: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)

ENTRY BY LANDLORD. Subject to the provisions of Section 34 hereof, ----------------- Tenant agrees to permit Landlord or Landlord's mortgagee and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice of Landlord or no notice is appropriate in light of the circumstances if there is an emergency) Landlord's mortgagee to enter each Leased Property upon the Demised Premises at all reasonable times during ordinary business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same and making any necessary repairs to comply with any laws, ordinances, rules, regulations or for requirements of any public body, or the purpose Board of doing Fire Underwriters, or any work under Paragraph 11(c), and may take similar body; provided that Landlord shall comply at all such action thereon as may be necessary or appropriate for any such purpose (but nothing times with Tenant's reasonable security requirements. Nothing herein contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)work which, and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at under any time within six (6) months prior to the expiration of the Term provision of this Lease, for Tenant may be required to perform and the purpose of showing the same to prospective tenants. No such entry performance thereof by Landlord shall not constitute an eviction a waiver of Tenant's default in failing to perform the same. Landlord may, but during the progress of any such entry work, keep and store upon the Demised Premises all necessary materials, tools and equipment. Landlord shall not in any event be done liable for inconvenience, annoyance, disturbance, loss of business or other damage to Tenant by reason of making repairs or the performance of any work in or about the Demised Premises, or on account of bringing material, supplies and equipment into, upon or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not be thereby affected in any manner whatsoever; provided, however, Landlord in such shall use all reasonable manner as efforts to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant the Demised Premises so as to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees interfere with the business of Tenant to undertake commercially reasonable efforts to maintain and preserve as little as reasonably practical under the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereundercircumstances.

Appears in 2 contracts

Samples: Suit Lease Agreement (R2 Technology Inc), Suit Lease Agreement (R2 Technology Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives representative shall at any and all times have the right to enter the Premises to inspect the same, to submit said Premises to prospective purchasers or tenants, to post notices of nonresponsibility, for sale signs and for rent or for lease signs or during the time that Tenant is in default, to alter, improve, or repair the Premises or any other portion of the building, all without being deemed guilty of an eviction of Tenant and without abatement of rent, and may for that purpose erect scaffolding, protective barricades and other necessary structures where reasonably required by the character of the work to be performed, providing that the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waivers any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon, and about the Premises, excluding Tenant's vaults and safes, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said door in light of an emergency in order to obtain entry to the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c)Premises, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior entry to the expiration Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of TenantTenant from the Premises or any portion thereof, but and any such entry damages caused on account thereof shall be done paid by Tenant. It is understood and agreed that no provision of the within Lease shall be constructed as an obligation Landlord in such reasonable manner to perform any repairs, alterations or decorations except as otherwise expressly agreed herein to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, be performed by Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 2 contracts

Samples: Courthouse Square (Global Food Technologies, Inc.), Courthouse Square (Global Food Technologies, Inc.)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right to enter the Premises at reasonable times to inspect the same to determine whether Tenant is complying with its authorized representatives obligations hereunder; to supply any service to be provided by Landlord hereunder; to supply janitorial service and any other service to be provided by Landlord to Tenant hereunder; to exhibit, upon reasonable notice to Tenant the Premises to prospective purchasers, mortgagees or prospective tenants; to post notices of nonresponsibility; and to alter, improve or repair the Premises and any portion of the Building and Project, without abatement of rent, in which case Landlord may erect scaffolding and other necessary structures that are reasonably required by the character of the work to be performed by Landlord, provided that the business of Tenant shall not be interfered with unreasonably. In order to enter the Premises for each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes. Further, Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) Landlord may deem proper to enter each Leased Property at all reasonable business hours (and at all other times open such doors in the event of an emergency). Any entry to the Premises or portions thereof obtained by Landlord by any of said means, accompanied by or otherwise, shall not under any circumstances be construed or deemed to be a representative forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant if Tenant so requests: (a) for from the purpose of inspecting the same Premises, or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Office Lease (PSW Technologies Inc), Office Lease (PSW Technologies Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon Subject to Tenant’s reasonable notice (which shall be not less than two (2) Business Days security procedures, except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergencyemergency (in which event no notice shall be required), accompanied Landlord reserves, and shall at any and all reasonable times with at least one (1) business days’ notice have the right to enter the Premises to inspect the same, to supply any service to be provided by a representative Landlord to Tenant hereunder, to show the Premises to prospective purchasers or tenants, to post notices of Tenant if Tenant so requests: (a) for non-responsibility, and to maintain and repair the purpose Premises and any portion of inspecting the same Building that Landlord may deem necessary or for the purpose desirable, without abatement of doing any work under Paragraph 11(c)Rent, and may take all such action thereon as may for that purpose erect scaffolding and other necessary structures, where reasonably required by the character of the work to be necessary performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claims for damages or appropriate for any such purpose injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, but only to the extent resulting from Landlord’s valid exercise of its rights under this Section 21. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in the event of an emergency (but nothing contained as determined by Landlord or its employees or representatives acting in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such workgood faith), and (b) for the purpose of showing such Leased Property in order to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises without liability to Landlord. Any entry to the Premises obtained by Landlord by any of said means shall not under any circumstances be construed or be deemed to be a forcible or unlawful entry into, or a detainer of the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Net Lease Agreement (Confluent, Inc.), Net Lease Agreement (Confluent, Inc.)

ENTRY BY LANDLORD. 21.01 Landlord may enter the Premises at all reasonable times to: inspect the same: exhibit the same to prospective purchasers, Mortgagees or tenants: determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and its authorized representatives other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss on or about the Premises (excluding Tenant's vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right upon reasonable notice (to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant's duties under this Lease. If Landlord shall be not less required to obtain entry by means other than two (2) Business Days except if a shorter notice or no notice is appropriate in light key provided by Tenant, the cost of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, payable by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as additional rent.

Appears in 2 contracts

Samples: Retail Lease (Nara Bancorp Inc), Retail Lease (Nara Bancorp Inc)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right (upon reasonable notice to Tenant except in cases of emergency) to enter the Premises, inspect the same, supply janitorial service and other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding any other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, unless caused by the negligence or willful misconduct of Landlord or its authorized representatives agents. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forceable or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 2 contracts

Samples: Quokka Sports Inc, Quokka Sports Inc

ENTRY BY LANDLORD. A. Landlord reserves and its authorized representatives shall at reasonable times upon reasonable prior notice to Tenant (except in an emergency) have the right to enter the Premises to inspect the same, to supply services to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, mortgagees or tenants, to post notices of nonresponsibility, to alter, improve or repair the Premises or any other portion of the Building, all without being deemed guilty of any eviction of Tenant and without abatement of Rent, except as otherwise provided herein. Except in the case of emergency, Tenant may impose additional restrictions on Landlord with respect to Landlord’s right of entry as to that portion of the Premises in which the vivarium lab is located (such as times of access and manner of access dependent upon Tenant’s particular use of the lab at the time Landlord requests the right to enter under this Section 6.05). Landlord may, in order to carry out the purposes under this Section 6.05, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall not be unreasonably interfered with. For emergencies, Landlord shall have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, and Landlord shall have the right upon reasonable notice (to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. If such entry is in accordance with this Section 6.05A, then Tenant waives any claims for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises and any other loss occasioned by such entry. No provision of this Lease shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon construed as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of obligating Landlord to make perform any such inspection repairs, alterations or do any such work), and (b) for the purpose of showing such Leased Property decorations except as otherwise expressly agreed herein to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done performed by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 2 contracts

Samples: Sublease (Invitae Corp), Sublease (Invitae Corp)

ENTRY BY LANDLORD. Landlord may enter the Premises at all reasonable times to: inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and its authorized representatives other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right upon reasonable notice (to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease. If Landlord shall be not less required to obtain entry by means other than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied key provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any the cost of such entry shall be done payable by Tenant to Landlord as additional rent. Any entry by Landlord in such reasonable manner as to minimize any disruption of and Landlord’s agents shall comply with Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereundersecurity measures.

Appears in 2 contracts

Samples: Office Lease (Splunk Inc), Office Lease (Omniture, Inc.)

ENTRY BY LANDLORD. Landlord may (upon the notice conditions specified in Section 8.03) enter the Premises at all reasonable times to: inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and its authorized representatives other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Except for damage or injury caused by Landlord's gross negligence or wilful misconduct, Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant's vaults, safes and areas designated by Tenant in writing in advance), and Landlord shall have the right upon reasonable notice (which to use said key to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant's duties under this Lease. If Landlord shall be not less required to obtain entry by means other than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied key provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any the cost of such entry shall be done payable by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as additional rent.

Appears in 1 contract

Samples: Office Lease (Chemconnect Inc)

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ENTRY BY LANDLORD. Landlord and its authorized representatives agents, employees and contractors may enter the Premises at any time in response to a bona fide emergency or at reasonable hours with at least 48 hours’ prior notice to (a) inspect the Premises, (b) exhibit the Premises to prospective purchasers or lenders, (c) determine whether Tenant is complying with all its obligations under this Lease, (d) supply cleaning service and any other service to be provided by Landlord to Tenant according to this Lease, (e) post notices of nonresponsibility or similar notices, (f) exhibit the Premises to prospective tenants during the last 6 months of the Term, or (g) make repairs required of Landlord under the terms of this Lease or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building; however all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises, excluding Tenant’s vaults, safes and similar areas designated in writing by Tenant in advance. Landlord shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at use any and all reasonable business hours (means which Landlord may deem necessary to open doors in and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of Premises in an emergency in order to obtain entry to the Term of Premises. Except as otherwise expressly set forth in this Lease, any entry to the Premises obtained by Landlord by any means permitted under this Section and performance of the actions for the purpose of showing the same to prospective tenants. No which such entry is permitted shall constitute not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction eviction, actual or constructive, of TenantTenant from the Premises or any portion of the Premises, but and Tenant shall not be entitled to damages or an abatement of Base Rent, Additional Rent or other charges which this Lease requires Tenant to pay. Tenant waives any claim against Landlord and its agents, employees and contractors for damages for any injury or inconvenience to or interference with Xxxxxx’s business and any loss of occupancy or quiet enjoyment of the Premises occasioned by any such entry shall be done or actions, and any other loss or damage whatsoever occasioned by Landlord such entry in such reasonable manner as response to minimize any disruption an emergency, except to the extent caused by the negligence or willful misconduct of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Office Lease (Thayer Ventures Acquisition Corp)

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property the Premises at all reasonable business hours (and at all other times in after reasonable notice, except In the event of an emergency)emergency in which event no notice shall be required, accompanied by a representative of Tenant if Tenant so requeststo: (a) for inspect the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and Premises; (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing exhibit the same to prospective purchasers, lenders or tenants. No such entry shall constitute an eviction ; (c) determine whether Tenant is complying with all of Tenant, but its obligations hereunder; (d) provide janitorial service and any such entry shall other service to be done provided by Landlord in to Tenant hereunder; (e) post notices of non-responsibility; and (f) make repairs required of Landlord under the terms hereof or make repairs to any adjoining space or utility services (including checking, adjusting, calibrating or balancing the HVAC system) or make repairs, alterations or improvements to any other portion of the Building. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by such entry, provided that Landlord takes reasonable manner as steps to minimize the interference with Tenant's use and enjoyment of the Premises. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (including Tenant's vaults, safes and similar areas agreed upon in writing by Tenant and Landlord). Landlord shall have the right to use any disruption of Tenant’s business operation. The foregoing notwithstandingand all means which Landlord may deem appropriate to open such doors in an emergency in order to obtain entry to the Premises, Landlord, and no entry to the Premises obtained by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with Landlord by any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure means shall under any circumstance be construed or deemed to discharge and abide by this covenant and undertaking shall constitute be a breach of this Leaseforcible or unlawful entry into, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.or

Appears in 1 contract

Samples: Office Lease (Cybergold Inc)

ENTRY BY LANDLORD. Landlord may enter the Premises at reasonable times, with reasonable (not to be less than twenty-four (24) hours) prior notice (except in the case of an emergency, in which case, Landlord shall provide such notice (if any) as may be reasonable under the circumstances) and subject at all times to Tenant’s reasonable security requirements, to: inspect the same; exhibit the same to prospective purchasers, lenders or, during the last nine (9) months of the Term, tenants; determine whether Tenant is complying with all of its authorized representatives obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Project or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. No such entry made in compliance with the foregoing shall be construed as a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant. Landlord shall, subject to Tenant’s reasonable security requirements, at all times have and retain a key with which to unlock all of the doors in, on or about the Premises, and upon emergency and only after attempting to contact Tenant if reasonable under the circumstances, Landlord shall have the right upon to use any and all reasonable notice (means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, and under such circumstances, shall not be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease. If Landlord shall be not less required to obtain entry by means other than two a key provided by Tenant (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) because Tenant has failed to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergencyprovide such key), accompanied by a representative the actual cost of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done payable by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as Additional Rent.

Appears in 1 contract

Samples: Office Lease (Capitalsource Inc)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (the Premises to inspect the same, to supply janitor service and at all other times in the event of an emergency), accompanied any service to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)Tenant hereunder, and (b) for to show the purpose of showing such Leased Property Premises to prospective purchasers or tenants, to post notices of non-responsibility to alter, improve or repair the Premises or any other portion of the Building, all without being deemed guilty of any eviction of Tenant and mortgagees andwithout abatement of rent. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss in, upon and about the Premises. Landlord shall at any time within six (6) months prior all times have and retain a key with which to unlock all doors in the Premises. Any entry to the expiration Premises obtained by Landlord by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of TenantTenant from the Premises or any portion thereof, but and any such entry damages caused on account thereof shall be done paid by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution It is understood and agreed that no provision of this LeaseLease shall be construed as obligating Landlord to perform any repairs, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. alterations or decorations except as otherwise expressly agreed herein by Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Letter Agreement (Xacct Technologies 1997 LTD)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right to enter the Premises at any and all times upon reasonable notice (which shall except in the case of routine maintenance or emergencies), to inspect the same, to supply any service to be not less than two (2) Business Days except if a shorter notice provided by Landlord to Tenant hereunder, including janitorial service, to show the Premises to prospective purchasers or no notice is appropriate in light tenants, to post notices, and to alter, improve or repair the Premises and any portion of the circumstances if there is an emergency) to enter each Leased Property at Building that Landlord may deem necessary or desirable, all reasonable business hours (and at all other times in the event without reduction of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for Rent. For the purpose of inspecting alterations, improvements or repairs, Landlord may erect scaffolding and other necessary structures where reasonably required by the same character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the purpose Premises, any other loss occasioned thereby. For each of doing any work under Paragraph 11(c)the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may take all such action thereon as may be necessary or appropriate deem proper to open said doors in an emergency in 13 order to obtain entry to the Premises without liability to Tenant except for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord failure to make any such inspection or do any such work), and (b) exercise due care for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior Tenant's property. Any entry to the expiration Premises obtained by Landlord by any of said means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 1 contract

Samples: Office Building Lease (Aratana Therapeutics, Inc.)

ENTRY BY LANDLORD. 22.01 Landlord may enter the Premises at all reasonable times to: inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants: determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and its authorized representatives other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. As provided for in clause (xiii) of Section 27.19 of this Lease, Landlord shall at all times have the right, but not the obligation, to obtain from Tenant and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant's vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right upon reasonable notice (to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be not less than two (2) Business Days except if deemed or construed to be a shorter notice forcible or no notice is appropriate in light unlawful entry into or a detainer of the circumstances if there is Premises or an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)eviction, accompanied by a representative actual or constructive, of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing from any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of the Premises. Such entry by Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term shall not act as a termination of this Lease, for the purpose of showing the same . If Landlord shall be required to prospective tenants. No such obtain entry shall constitute an eviction of by means other than a key provided by Tenant, but any the cost of such entry shall be done payable by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as additional rent.

Appears in 1 contract

Samples: Lease (Qep Co Inc)

ENTRY BY LANDLORD. Landlord reserves the right to enter the premises at any time to inspect the Premises, to provide any service for which Landlord is obligated hereunder, to submit the Premises to prospective purchasers or tenants, to post notices of nonresponsibility, and to alter, improve, maintain or repair the Premises or any portion of the building of which the Premises are a part that Landlord deems necessary or desirable, all without abatement of rent. Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, but shall not block entrance to the Premises and not interfere with Tenant's business, except as reasonably required for the particular activity by Landlord. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, interference with quiet enjoyment, or other damage arising out of Landlord's entry on the Premises as provided in this paragraph, except damage, if any, resulting from the sole negligence or willful misconduct of Landlord or its authorized representatives representative. Landlord shall retain a key with which to unlock all doors into, within and about the Premises, excluding Tenant's vaults, safes and files. In an emergency, Landlord shall have the right upon reasonable notice (to use any means which Landlord deems reasonably necessary to obtain entry to the Premises, without liability to Tenant, except for any failure to exercise due care for Tenant's property. Any such entry to the Premises by Landlord shall not be not less than two (2) Business Days except if construed or deemed to be forcible or unlawful entry into or a shorter notice or no notice is appropriate in light detainer of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same Premises or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 1 contract

Samples: Lease Agreement (Enact Health Management Systems)

ENTRY BY LANDLORD. Subject to giving Tenant at least one (1) business days' prior written notice except in an emergency, Landlord and its authorized representatives shall employees and agents will at all times have the right upon to enter the Premises to inspect the same, to supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, tenants or lenders, to post notices of nonresponsibility, to install reasonable "for sale" or "for lease" signs, and/or to repair the Premises as permitted or required by this Lease. In exercising such entry rights, Landlord will endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and will provide Tenant with reasonable advance notice of any such entry (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light emergency situations). Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the circumstances if there is an emergency) work to enter each Leased Property be performed. Landlord will at all reasonable business hours (times have and at retain a key with which to unlock all other times doors in the event of Premises, excluding Tenant's vaults and safes. Landlord will have the right to use any and all means which Landlord may reasonably deem proper to open said doors in an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained emergency in this Lease or otherwise shall create or imply any duty upon the part of Landlord order to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, will not be construed or deemed to be a forcible or unlawful entry into the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises. Landlord will not be liable to Tenant for any such damages or losses for any entry shall be done by Landlord in such reasonable manner as an emergency, or for any damages or losses to minimize any disruption of Tenant’s 's business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with for any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve by Landlord. Landlord shall not be liable for any other damages or losses for any entry by Landlord unless caused by the privacy and confidentiality gross negligence or willful misconduct of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Work Letter Agreement (Interplay Entertainment Corp)

ENTRY BY LANDLORD. Landlord and Landlord's agents shall, at any and all times upon reasonable notice to Tenant, have the right to enter the Premises to inspect the same, to supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers (and during the last twelve (12) months of the term to prospective tenants), to post notices of non-responsibility and "for lease" signs, and to alter, improve or repair the Premises and any portion of the building, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed. with minimal interference and disruption to Tenant's business, always providing the entrance to the Premises shall not be blocked thereby. Landlord shall conduct its authorized representatives activities under this Paragraph 9 in a manner that will minimize inconvenience to Tenant without incurring additional expense to Landlord. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Promises, excluding Tenant's vaults and safes, and Landlord and Landlords' agents shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c)Premises, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior entry to the expiration Premises obtained by Landlord or Landlord's agents by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry portion thereof. Tenant shall not be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of released from its obligations under this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant Lease nor be entitled to terminate any abatement of Rent on account of Landlord's entry under this Lease Paragraph, and Tenant hereby waives any claim for damages for any injury or effect inconvenience to or interference with Tenant's business, any offsets against any Rent payable hereunderloss of occupancy or quiet enjoyment of the Premises.

Appears in 1 contract

Samples: Sublease Agreement (Finet Com Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives shall employees and agents will at all times have the right upon reasonable notice to enter the Premises to inspect the same, to show the Premises to prospective purchasers or (which shall be not less than two for the final nine (29) Business Days except if a shorter notice or no notice is appropriate in light months of the circumstances Term only) tenants, to post notices of nonresponsibility, and/or to repair the Premises as permitted or required by this Lease. In exercising such entry rights, Landlord will endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and will provide Tenant with 24-hours' advance notice of any such entry and during such entry shall, if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Tenant so requests, be accompanied by a representative of Tenant if Tenant so requests: (a) for except in emergency situations). Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the purpose character of inspecting the same or for work to be performed. Landlord will at all times have and retain a key with which to unlock all doors in the purpose of doing Premises, excluding Tenant's vaults and safes. Landlord will have the right to use any work under Paragraph 11(c), and all means which Landlord may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained reasonably deem proper to open said doors in this Lease or otherwise shall create or imply any duty upon the part of Landlord an emergency in order to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, will not be construed or deemed to be a forcible or unlawful entry into the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises. Landlord will not be liable to Tenant for any such damages or losses for any entry shall be done by Landlord in such reasonable manner as to minimize any disruption unless caused by the gross negligence or willful misconduct of Tenant’s business operation. The foregoing notwithstandingLandlord or Landlord's employees, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease agents or effect any offsets against any Rent payable hereundercontractors.

Appears in 1 contract

Samples: Axsys Technologies Inc

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at all times have the right to enter the Premises, to inspect the same, to supply services to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers or tenants, and to post notices of non-responsibility, and Landlord may also enter the Premises, without abatement of rent, in order to alter, improve or repair the Premises or any other portion of the Property that Landlord may deem necessary or desirable, and for that purpose Landlord may erect scaffolding and other necessary equipment where reasonably required by the character of the work to be performed, provided that the entrance to the Premises shall not he blocked thereby and further provided that the business of Tenant shall not he interfered with unreasonably. With respect to the entry rights of Landlord herein provided for, Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (which shall be not less than two (2) Business Days right, without liability to Tenant except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained failure to exercise due care for Tenant's property, to use any and all means which Landlord may deem proper to open said doors in this Lease or otherwise shall create or imply any duty upon the part of Landlord an emergency in order to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain catty to the expiration Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of TenantTenant from the Premises or any portion thereof, but and any such entry damages to the Premises or the Property caused on account thereof shall be done paid by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution Tenant It is understood and agreed that no provision of this LeaseLease shall be construed as obligating Landlord to perform any repairs, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may alterations, or decorations except as otherwise expressly agreed herein to be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. performed by Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Office Lease (Newport International Group Inc)

ENTRY BY LANDLORD. 21.1. Landlord may enter the Premises at all reasonable times to: inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and its authorized representatives other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, or about the Premises (excluding Tenant's vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right upon reasonable notice (to use any and all means by which landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant's duties under this Lease. If Landlord shall be not less required to obtain entry by means other than two (2) Business Days except if a shorter notice or no notice is appropriate in light key provided by Tenant; the cost of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done payable by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as additional rent.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Demised Premises to inspect the same, to supply janitor service and any other services to be provided by Landlord to Tenant hereunder, and to submit said Demised Premises to prospective purchasers or tenants, to post notices of non-responsibility, to alter, improve or repair the Demised Premises or any other portion of the Property, all without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, providing that the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claims for damages for injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Demised Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in upon and about the Demised Premises except Tenant’s vaults and safes, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of an emergency in order to obtain entry to the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c)Demised Premises, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior entry to the expiration Demised Premises obtained by Landlord by any of said means, or otherwise, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeaseDemised Premises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Demised Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 1 contract

Samples: Lease Agreement (Secured Financial Network, Inc.)

ENTRY BY LANDLORD. Tenant agrees to permit Landlord and its the authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) Landlord to enter each Leased Property upon the Demised Premises at all reasonable times during ordinary business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same and making any necessary repairs to comply with any laws, ordinances, rules, regulations or for the purpose requirements of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing public body. Nothing herein contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work which, under any provision of this Lease, Tenant may be required to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord may, during the progress of any work), keep and store upon the Demised Premises all necessary materials, tools and equipment. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage to Tenant by reason of making repairs or the performance of any work in or about the Demised Premises, or on account of bringing material, supplies and equipment into, upon or through the Demised Premises during the course thereof, and (b) for the purpose obligations of showing such Leased Property to prospective purchasers and mortgagees and, Tenant under this Lease shall not be thereby affected in any manner whatsoever. Sale Signs. Landlord is hereby given the right during usual business hours at any time within six (6) months prior to the expiration of during the Term of this Lease, to enter upon the Demised Premises and to exhibit the same for the purpose of showing sale. During the same to prospective tenants. No such entry shall constitute an eviction final one (1) year of Tenantthe Term, but any such entry Landlord shall be done by Landlord entitled to display on the Demised Premises, in such reasonable manner as to minimize any disruption of not unreasonably interfere with Tenant’s business operation. The foregoing notwithstanding's business, signs indicating that the Demised Premises are for rent or sale and suitably identifying Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Lease Agreement (Maverick Tube Corporation)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all reasonable times have the right to enter the Premises to supply janitorial Service and nay other service to be provided by Landlord to Tenant hereunder, and upon reasonable advance notice to Tenant, except in the case of an emergency, to show the Premises to prospective purchasers or tenants, to post notices of nonresponsiblity, to alter, improve or repair the Premises or any other portion of the Building, all without such entry constituting any actual or constructive eviction of Tenant and without abatement of rent. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that Landlord shall use reasonable efforts to minimize interference with the business of tenant. Tenant hereby waives any claim for damages, for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss in, upon and about the Premises. Landlord shall at all times have and retain a key with which to unlock all doors in the Premises, excluding Tenant’s vaults and safes. Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) emergency in order to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not be construed or deemed to be a forceable or unlawful entry into the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of TenantTenant from the Premises or any portion thereof, but and any such entry damages caused on account thereof shall be done paid by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution No provision of this LeaseArticle shall be construed as obligating Landlord to perform any repairs, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. alterations or decorations except as otherwise expressly agreed herein by Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Office Lease (Cougar Biotechnology, Inc.)

ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall have the right at all reasonable times, upon reasonable not less than forty-eight (48) house advance notice (which shall may be not less than two (2) Business Days except if a shorter notice or communicated verbally to Tenant at the Premises and no such notice is appropriate required in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied have the right to enter the Premises to inspect the same, to supply any service required to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)Tenant under this Lease, and (b) for to exhibit the purpose of showing such Leased Property Premises to prospective lenders or purchasers and mortgagees and, at any time within six (6) months prior to or during the expiration last year of the Term of this Leaseor during any default beyond any applicable notice and cure periods by Tenant, for the purpose of showing the same to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises or any other portion of the Building or Property, all without being deemed guilty of or liable for any breach of Landlord’s covenant of quiet enjoyment or any eviction of Tenant, but and without abatement of Rent. In exercising such entry rights, Landlord shall use reasonable efforts to minimize, to the extent reasonably practicable, the interference with Tenant’s business, and shall provide Tenant with reasonable advance notice (oral or written) of such entry (except in emergency situations and for scheduled services). For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, provided Landlord shall not enter the Premises without said prior notice or unaccompanied by Tenant unless in an emergency. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry shall be done by Landlord in such reasonable manner as unless due to minimize any disruption of TenantLandlord’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease gross negligence or effect any offsets against any Rent payable hereunderwillful misconduct.

Appears in 1 contract

Samples: Work Letter Agreement (Gigamon LLC)

ENTRY BY LANDLORD. Upon reasonable advance written notice to Tenant, Landlord reserves the right, during reasonable business hours, to enter the Premises to inspect the same; to exercise any rights of Landlord; to perform any obligations of Tenant under this Lease if Tenant shall fail to timely do or have done same following any required notice to Tenant under this Lease; to show the Premises to prospective purchasers and, during the last one hundred eighty (180) days of the term of this Lease, to prospective tenants, and to conduct any inspections and tests related thereto; and to alter, improve or repair the Premises or any part thereof upon any failure of Tenant to timely do so. No entry by Landlord shall cause any abatement of Rent. In the event of any alteration, improvement or repair by Landlord, Landlord may erect scaffolding and other structures reasonably required by the character of the work to be performed. Any work of Landlord that is the Tenant’s obligation shall be at Tenant’s sole cost and expense, and shall constitute Additional Rent that is due from Tenant to Landlord within ten (10) days of Landlord’s demand for same from Tenant. Except to the extent caused by the gross negligence or willful misconduct of Landlord, its authorized representatives members, employees or agents, Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business or any loss of occupancy or quiet enjoyment of the Premises based on Landlord’s actions as provided herein, or any other loss occasioned thereby. Notwithstanding the foregoing, Landlord shall have the right upon reasonable notice (in an emergency to use any and all means which shall be not less than two (2) Business Days Landlord may deem proper to obtain entry to the Premises without liability to Tenant except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease failure to exercise reasonable care for Tenant’s property. Any entry into the Premises obtained by Landlord by any of said means, or otherwise otherwise, shall create not under any circumstances be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any portion thereof. Tenant shall not change or add any locks to the front door of the Premises without in each such entry shall be done by instance supplying a copy of any new key to Landlord in simultaneously with such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderinstallation.

Appears in 1 contract

Samples: Lease Agreement (Perfumania Holdings, Inc.)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Premises to inspect the same, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers or tenants, to post notices of nonresponsibility, to alter, improve or repair the Premises or any other portion of the Building, all without being deemed guilty of any eviction of Tenant and without abatement of rent. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss in, upon and about the Premises. Landlord shall at all times have and retain a key with which to unlock all doors in the Premises, excluding Tenant's vaults and safes. Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) emergency in order to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of TenantTenant from the Premises or any portion thereof, but and any such entry damages caused on account thereof shall be done paid by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution It is understood and agreed that no provision of this LeaseLease shall be construed as obligating Landlord to perform any repairs, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. alterations or decorations except as otherwise expressly agreed herein by Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Please Sign And (Virtual Mortgage Network Inc)

ENTRY BY LANDLORD. Landlord reserves, and shall at any and all times have, the right to enter the Premises during business hours to inspect the same, to show the Premises to prospective purchasers or lessees, to post notices of nonresponsibility, to repair the Premises and any portion of the Building that Landlord may deem necessary or desirable, without abatement of Rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed; provided, that the entrance to the Premises shall not be blocked unreasonably thereby and, provided, further that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages, injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord's exercise of its authorized representatives rights pursuant to this Section 15.1, except and to the extent any such damage, injury or interference results from the negligence of Landlord. Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice Landlord may deem proper to open the doors to or no notice is appropriate in light of the circumstances if there is Premises in an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises without liability to Tenant. Any entry to the Premises obtained by Landlord by any of these means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 1 contract

Samples: Office Lease Agreement (Onvia Com Inc)

ENTRY BY LANDLORD. Landlord (a) After reasonable prior notice (except in emergencies, where no such notice shall be required) and without materially interfering with Tenant’s use and access to the Premises, Landlord, its authorized agents, contractors, and representatives shall at any and all times have the right to enter the Premises to inspect the same, to supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers or tenants during the last year of the Term and during any period when there is an uncured Event of Default by Tenant under this Lease, to post notices, to alter, improve or repair the Premises or any other portion of the Building, all without being deemed guilty of any eviction of Tenant and without abatement of rent. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Landlord shall at all times have and retain a key with which to unlock all doors in the Premises, excluding Tenant’s vaults and safes. Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) emergency in order to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration of Premises. Any entry to the Term of this LeasePremises obtained by Landlord pursuant to the terms hereof shall not be deemed to be a forcible or unlawful entry into the Premises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of TenantTenant from the Premises or any portion thereof, but and Tenant hereby waives any such entry shall be done by Landlord in such reasonable manner as claim for damages for any injury or inconvenience to minimize any disruption of or interference with Tenant’s business operation. The foregoing notwithstandingbusiness, Landlordany loss of occupancy or quiet enjoyment of the Premises, by execution of this Leaseand any other loss in, agrees upon and acknowledges that Tenant’s primary business is about the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderPremises.

Appears in 1 contract

Samples: Lease (Health Net Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall at all reasonable times have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Premises to inspect the same, accompanied to supply any service required to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)Tenant under this Lease, and (b) for to exhibit the purpose of showing such Leased Property Premises to prospective lenders or purchasers and mortgagees and, at any time within six (6) months prior to or during the expiration last year of the Term of this Leaseor during any Default by Tenant, for the purpose of showing the same to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises or any other portion of the Building, the Facility or the Property, all without being deemed guilty of or liable for any breach of Landlord’s covenant of quiet enjoyment or any eviction of Tenant, but and without abatement of Rent. In exercising such entry rights, Landlord shall endeavor to minimize, to the extent reasonably practicable, the interference with Tenant’s business, and shall provide Tenant with reasonable advance notice (oral or written) of such entry (except in emergency situations and for scheduled services). For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, and Landlord shall have the means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by Landlord. Notwithstanding the foregoing, nothing herein shall be done by construed to permit Landlord to restrict Tenant from utilizing any portion of the Premises for any extended period of time in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality exercise of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderrights.

Appears in 1 contract

Samples: Office Lease (Alteryx, Inc.)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Premises to inspect the same, to supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers or tenants, to post notices of nonresponsibility, to alter, improve or repair the Premises or any other portion of the Building, all without such entry constituting any actual or constructive eviction of Tenant and without abatement of rent. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that Landlord shall use reasonable efforts to minimize interference with the business of Tenant. Tenant hereby waives any claim for damages, for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss in, upon and about the Premises. Landlord shall at all times have and retain a key with which to unlock all doors in the Premises, excluding Tenant's vaults and safes. Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) emergency in order to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of TenantTenant from the Premises or any portion thereof, but and any such entry damages caused on account thereof shall be done paid by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution No provision of this LeaseArticle shall be construed as obligating Landlord to perform any repairs, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. alterations or decorations except as otherwise expressly agreed herein by Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Office Space Lease (Kaleidoscope Media Group Inc)

ENTRY BY LANDLORD. Landlord may, at any and its authorized representatives shall have the right upon all reasonable notice (which shall be not times but on no less than two twenty-four (224) Business Days hours’ prior notice except if a shorter notice in cases of emergency or no notice is appropriate in light of when necessary to implement mechanical adjustments to the circumstances if there is an emergency) Building systems, enter the Premises to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting inspect the same or for the purpose of doing any work under Paragraph 11(c)and to determine whether Tenant is in compliance with its obligations hereunder, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for supply janitorial and any other service Landlord is required to provide hereunder, (c) show the purpose of showing such Leased Property Premises to prospective lenders or purchasers and mortgagees andor, at any time within the last six (6) months prior to the expiration of the Term term of this Lease, tenants, (d) post notices of nonresponsibility, and (e) make such repairs and maintenance to the Premises or any other portion of the Real Property as is Landlord’s obligation under this Lease. In connection with any such maintenance or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the purpose work to be performed. Provided Landlord uses reasonable efforts to minimize interference with Tenant’s use and occupancy of showing the same Premises and access to prospective tenants. No and from the Premises, which reasonable efforts shall not require Landlord to incur additional expense, in no event shall such entry shall or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability, including, but not limited to, consequential damages or loss of business or profits by Tenant. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of not constitute a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any forcible or unlawful entry into the Premises, a Leased Property pursuant to this Pxxxxxxxx 00detainer of the Premises, Xxxxxxxx covenants and agrees with or an eviction of Tenant to undertake commercially reasonable efforts to maintain and preserve from the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this LeasePremises, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 1 contract

Samples: Office Lease (New Relic Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall at all reasonable times have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Premises to inspect the same, accompanied to supply any service required to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)Tenant under this Lease, and (b) for to exhibit the purpose of showing such Leased Property Premises to prospective lenders or purchasers and mortgagees and, at any time within six (6) months prior to or during the expiration last year of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises or any other portion of the Building or Property, all without being deemed guilty of or liable for any breach of Landlord’s covenant of quiet enjoyment or any eviction of Tenant, but and without abatement of Rent. In exercising such entry rights, Landlord shall endeavor to minimize, to the extent reasonably practicable, the interference with Tenant’s business, and shall provide Tenant with not less than twenty-four (24) hours advance notice (oral or written) of such entry (except in emergency situations and for scheduled services). For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes and secure areas, and Landlord shall have the means which Landlord may deem proper to open said doors (including any secure areas) in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and, unless caused by the negligence or intentional misconduct of Landlord, Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Health Grades Inc)

ENTRY BY LANDLORD. Tenant shall permit Landlord and its authorized representatives shall have to enter the right Leased Premises or any part thereof at all reasonable times upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light case of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c)Articles 7 and 19, and may take to keep and store all such action thereon materials therein as may be reasonably necessary or appropriate for any such purpose without the same constituting a partial or complete, constructive or actual eviction (but nothing contained in this Lease or otherwise herein shall create or imply any duty upon on the part of Landlord to do any work under Article 19). Landlord shall not have any duty to make any such inspection and shall not incur any liability or do obligation by making or for not making any such work), and (b) inspection. Tenant shall also permit Landlord to enter the Leased Premises or any part thereof at all reasonable times upon reasonable notice for the purpose purposes of showing such exhibiting the Leased Property Premises for sale or mortgage. In addition, Tenant shall permit Landlord to prospective purchasers enter the Leased Premises or any part thereof at all reasonable times upon reasonable notice during each of the 24 month periods prior to any Termination Date and mortgagees and, at any time within six (6) months the 24 month period prior to the expiration Expiration Date for purposes of exhibiting the Term Leased Premises for lease; provided, that with respect to Landlord exhibiting the Leased Premises prior to any particular Termination Date, if the time for exercising the Termination Option that would result in this Lease terminating on such Termination Date shall have lapsed without exercise by Tenant or if such Termination Option shall have been waived, Landlord shall no longer be permitted to enter the Leased Premises for purposes of this Lease, exhibiting same for the purpose of showing the same to prospective tenantslease during such 24 month period. No such Any entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00Article 10 shall be subject to the condition that, Xxxxxxxx covenants and agrees with except in case of emergency, if Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality so desires, any representative of such information and records. Landlord’ failure to discharge and abide Landlord shall be accompanied at all times by this covenant and undertaking shall constitute a breach representative of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderTenant.

Appears in 1 contract

Samples: And Attornment Agreement (Goldman Sachs Group Inc)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right, without abatement of Rentals, to enter the Premises inspect the same, to submit said Premises to prospective purchasers or tenants, to post notices of nonresponsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable. Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby. With respect to the foregoing, Landlord shall use its authorized representatives best reasonable efforts to not unreasonably interfere with tenant's business; provided, however, Landlord shall not be liable to Tenant for any interference with Tenant's use of the Premises. Tenant hereby waives any claim for damages (excluding personal injury or property damage resulting from the negligent or willful misconduct of Landlord) or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord failure to make any such inspection or do any such work), and (b) exercise due care for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior Tenant's property. Any entry to the expiration Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 1 contract

Samples: Office Lease (Abovenet Communications Inc)

ENTRY BY LANDLORD. Tenant shall permit Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) Landlord’s Agents to enter each Leased Property the Premises at all reasonable business hours (and at all other times with reasonable notice, except for emergencies in the event of an emergency)which case no notice shall be required, accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting to inspect the same and to conduct tests thereon, to post notices of nonresponsibility and “For Sale” signs, to show the Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or for the purpose of doing any work under Paragraph 11(c)repairs, and to discharge Tenant’s obligations hereunder when Tenant has failed to do so within a reasonable time after written notice from Landlord. Notwithstanding the foregoing, Landlord and Landlord’s Agents may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon enter the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, Premises at any reasonable time within six nine (69) months prior to the expiration of the Lease Term, or at any time during the Lease Term of this hereof if Tenant is in default hereunder, to place upon the Premises ordinary “For Lease, for ” signs and to show the purpose of showing the same Premises to prospective tenants. No such Tenant shall have the right to have a representative of Tenant to accompany Landlord or Landlord’s Agents on the Premises. Any entry shall constitute an eviction by Landlord or any of Tenant, but any such entry Landlord’s Agents shall be done by Landlord accomplished as expeditiously as reasonably possible and in such reasonable a manner so as to minimize any disruption of cause as little interference to Tenant as reasonably possible. Landlord shall not access Tenant’s business operation. The foregoing notwithstandingsafes or enter into any areas maintained by Tenant for the safety and security of monies, Landlordsecurities, by execution of this Leasenegotiable instruments, agrees and acknowledges that confidential documents, information or files, or similar items, without Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may prior consent, which consent shall not unreasonably be located within a Leased Property from time to time. Accordinglywithheld, delayed or conditioned, except for emergencies in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking which case Tenant’s consent shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant not be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderrequired.

Appears in 1 contract

Samples: Lease (Cutera Inc)

ENTRY BY LANDLORD. 22.01 Landlord may enter the Premises at all reasonable times to: inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and its authorized representatives other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. As provided for in clause (xii) of Section 28.19 of this Lease, Landlord shall at all times have the right, but not the obligation, to obtain from Tenant and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant's vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right upon reasonable notice (to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant's duties under this Lease. If Landlord shall be not less required to obtain entry by means other than two (2) Business Days except if a shorter notice or no notice is appropriate in light key provided by Tenant, the cost of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, payable by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as additional rent.

Appears in 1 contract

Samples: Industrial Lease (Sensys Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right upon reasonable notice to enter the Premises to inspect the same, to supply any services required hereunder, to submit the Premises to prospective purchasers, lenders, or to prospective tenants during the last six (which 6) months of the term, to post notices of nonresponsibility, to alter, improve or repair the Premises or any portion of the Complex to the extent required by this Lease, the Ground Lease, or by Laws, all without being deemed guilty of an eviction of Tenant and without abatement of rent, and may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of the Tenant shall be not less than two interfered with as little as is reasonably practicable. Landlord shall be required to give at least twenty-four (224) Business Days hours written notice, except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) . Landlord shall follow Tenant's reasonable security and or safety regulations, and, if Tenant so requests, shall be accompanied at all times by an employee of Tenant. If Landlord enters the Premises for any reason, such entry shall be at Landlord's risk unless Landlord is accompanied by an authorized representative of Tenant, in which case such entry is at Landlord's risk except to the extent any damage or injury is due to Tenant's negligence or willful misconduct. Landlord's entry on the Premises shall be subject to Landlord's indemnity obligations under Paragraph 16(b). Landlord and Tenant have agreed that Landlord is under no responsibility to attempt to enter each Leased Property at all reasonable business hours (and at all other times the Premises in the event of an emergency or threatened emergency). Tenant hereby waives any claim for damages, accompanied by a representative for any injury or inconvenience to or interference with Tenant's business, any loss of Tenant if Tenant so requests: (a) for occupancy or quiet enjoyment of the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c)Premises, and may take all such action thereon as may be necessary any other loss occasioned thereby, except due to the negligence or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part willful misconduct of Landlord or its agents or employees or if Landlord violates any of the provisions contained herein. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to make any such inspection or do any such work)unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, and (b) for Landlord shall have the purpose of showing such Leased Property right to prospective purchasers use any and mortgagees and, at any time within six (6) months prior all means which Landlord may deem proper to open said door in an emergency in order to obtain entry to the expiration Premises, and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 1 contract

Samples: Research and Development/Office Lease (Affymax Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice at any and all times during any emergency or no notice is appropriate in light of the circumstances if there is an emergency) during normal business hours to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)Premises, accompanied by a representative of Tenant if Tenant so requests: (a) for inspect the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c)same, and may take all such action thereon as may supply any service to be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of provided by Landlord to make any such inspection or do any such work)Tenant hereunder. Landlord shall also have the right, and upon twenty-four (b24) hours’ prior written notice to Tenant, to enter the Premises for the purpose of showing such Leased Property the Premises to prospective purchasers purchasers, tenants (but as to tenants only during the last three (3) months of the term), or lenders, to post notices of non-responsibility, and mortgagees andto alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Provided Landlord complies with the terms of this Paragraph, Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises due to Landlord’s entry of the Premises. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant’s property. Landlord and its agents may, at any time during which Tenant is in default hereunder or within six (6) months prior to the expiration of the Term of this Lease, for place on the purpose of showing Premises any usual or ordinary “to let” or “to lease” signs and exhibit the same Premises to prospective tenantstenants at reasonable hours. No such Landlord also may place on the Premises “for sale” signs at any time during the term of this Lease and exhibit and show the Premises to prospective purchasers during reasonable business hours. The Premises shall not be shown or exhibited to prospective tenants or purchasers without Landlord or its agents first giving Tenant reasonable advance notice as required above. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall constitute not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 1 contract

Samples: Lease (Netmanage Inc)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (the Premises to inspect the same, to supply janitor service and at all any other times in the event of an emergency), accompanied service to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work)Tenant hereunder, and (b) for the purpose of showing such Leased Property to submit said Premises to prospective purchasers and mortgagees andor tenants, at to post notices of nonresponsibility, to alter, improve or repair the Premises or any time within six (6) months prior to the expiration other portion of the Term Building, and/or to perform any acts required of this Leasebut not done by Tenant as provided in Paragraph 35 hereof, for the purpose all without being deemed guilty of showing the same to prospective tenants. No such entry shall constitute an any eviction of TenantTenant and without abatement of rent, but any and may, in order to carry out such entry purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be done by interfered with as little as is reasonably practicable. Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake shall use commercially reasonable efforts to maintain coordinate its entry and preserve work in the privacy Premises with Tenant in order to not unreasonably interfere with Tenant’s business operations. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and confidentiality any other loss occasioned thereby. For each of such information the aforesaid purposes, Landlord shall at all times have and recordsretain a key with which to unlock all of the doors in, upon or about the Premises, excluding Tenant’s vaults and safes, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof, and any damages caused on account thereof shall be paid by Tenant. Landlord’ failure to discharge It is understood and abide by this covenant and undertaking shall constitute a breach agreed that no provision of this LeaseLease shall be construed as obligating Landlord to perform any repairs, entitling Tenant alterations or decorations except as otherwise expressly agreed herein to pursue an action for damages against be performed by Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Work Letter Agreement (Solar Power, Inc.)

ENTRY BY LANDLORD. Landlord reserves, and its authorized representatives shall during normal business hours upon reasonable notice to Tenant (which may be verbal to Tenant’s on-site manager) the right to enter the Premises, inspect the same, and to supply any service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or during the last six months of the term to prospective tenants, to post notices of non-responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary, desirable or required by law, without abatement of Rent and may for that purpose in connection with any work to be performed by Landlord under this Lease. Landlord shall not be required to give any notice to Tenant in the event of any emergency, for recurring services (e.g., janitorial) or if Tenant has vacated the Premises. Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby unless caused by gross negligence or willful and wanton acts of Landlord. For each of the aforesaid purposes, Landlord shall, at all times, have and retain a key with which to unlock all of the doors in, upon and about the Premises, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) except for the purpose gross negligence or willful and wanton conduct of inspecting Landlord. Any entry to the same or for the purpose Premises obtained by Landlord by any of doing any work under Paragraph 11(c)said means, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create not, under any circumstances, be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such portion thereof. Tenant shall not change the locks to the Premises without Landlord’s written consent. All entry and work by Landlord shall be done by Landlord in such reasonable a manner as to that shall minimize any disruption of interference with Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees at the Premises and acknowledges that Tenant’s primary business is use and enjoyment of the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderPremises.

Appears in 1 contract

Samples: Lease (Signal Genetics, Inc.)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at all times have the right, after delivering verbal notice to Tenant (which shall be given by direct conversation or message to Tenant's chief financial officer or corporate counsel provided they maintain offices within the Premises) at least twenty-four (24) hours in advance of Landlord's entry (except in the case of an emergency or the supplying by Landlord of janitorial and other routine services, in which case no advance notice shall be necessary), to enter the Premises to inspect the same, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or tenants (but only during the last nine (9) months of the Lease Term as to prospective tenants), to post notices of nonresponsibility, and to alter, improve, or repair the Premises and any portion of the Building of which the Premises are a part or to which access is conveniently made through the Premises, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waves any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice Landlord may deem necessary or no notice is appropriate proper to open said doors in light an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portions thereof obtained by Landlord by any of said means, or otherwise, shall not under any circumstances if there is be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency)eviction, accompanied by a representative actual or constructive, of Tenant if Tenant so requests: (a) for from the purpose of inspecting Premises or any portions thereof. Landlord shall also have the right at any time, without the same constituting an actual or for constructive eviction and without incurring any liability to Tenant therefor, to change the purpose arrangement and/or location of doing any work under Paragraph 11(c)entrances or passage ways, doors and doorways, and may take all such action thereon as may be necessary corridors, elevators, stairs, toilets, or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration other public parts of the Term of this LeaseBuilding and to change the name, for number or designation by which the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business Building is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereundercommonly known.

Appears in 1 contract

Samples: Office Lease Agreement (Accord Networks LTD)

ENTRY BY LANDLORD. Landlord and its authorized representatives employees and agents shall at all ----------------- times have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (the Premises to inspect the same, to supply janitorial service and at all any other times in the event of an emergency), accompanied service required to be provided by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of Tenant under this Lease, for to exhibit the purpose Premises to prospective lenders or purchasers (or during the last year of showing the same Term, to prospective tenants. No such entry shall constitute an ), to post notices of non-responsibility, and/or to alter, improve or repair the Premises or any other portion of the Building, all without being deemed guilty of or liable for any breach of Landlord's covenant of quiet enjoyment or any eviction of Tenant, but and without abatement of rent. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and shall provide Tenant with reasonable advance written notice of such entry except in emergency situations). For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, and Landlord shall have the means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of rent. Any damages or losses on account of any such entry by Landlord shall be done by Tenant's sole responsibility except as otherwise expressly provided in Subparagraph 19.3. Nothing in this Paragraph 17 shall be construed as obligating Landlord to perform any repairs, alterations or decorations, except as otherwise expressly required in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderto be performed by Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Snowball Com Inc)

ENTRY BY LANDLORD. Subject to Landlord's agreement to minimize any disturbance of Tenant's use of the Premises by exercise of the following rights, Landlord reserves and shall at any and all times have the right to enter the Premises to inspect the same, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective lenders, purchasers or tenants, to post notices of nonresponsibility, to alter, improve or repair the Premises or any other portion of the Building, all without being deemed guilty of any eviction of Tenant and without abatement of rent, and may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages for any injury to, inconvenience to, or interference with Xxxxxx's business, or any loss of occupancy or quiet enjoyment of the Premises, except to the extent arising from the gross negligence or willful misconduct of Landlord, its authorized representatives agents, or employees. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, and Landlord shall have the right upon reasonable notice (means which Landlord may reasonably deem proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. It is understood and agreed that no provision of this Lease shall be not construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed herein to be performed by Landlord. Landlord hereby agrees to use its best good faith efforts in the exercise of its rights under this Paragraph 17 to minimize any disturbance of Tenant's use and possession of the Premises and to provide as much notice to Tenant as may be reasonably possible prior to any such exercise of Landlord's rights under this Paragraph 17, but in no event less than two (2) Business Days 24 hours prior notice, except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Office Lease (Heritage Commerce Corp)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall at any and all times have the right to enter the Premises, inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, to post notices of non- responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord shall give Tenant 24 hour notice except in an emergency. *Landlord may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. for each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate Landlord may deem proper to open said doors in light of the circumstances if there is an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in obtain entry to the event of an emergency), accompanied by a representative of Premises without liability to Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate except for any such purpose (but nothing contained in this Lease failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Premises, or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operationportion thereof. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action *except for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease Landlords gross neglegence or effect any offsets against any Rent payable hereunderwillfull misconduct.

Appears in 1 contract

Samples: Office Lease (Portal Software Inc)

ENTRY BY LANDLORD. Landlord and its authorized representatives shall have may enter the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property Premises at all reasonable times upon at least one (1) business hours day prior notice (and at all other times except in the event of an emergency), accompanied by a representative of Tenant if Tenant so requestsin which case no prior notice is required) to: (a) for inspect the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. No Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord at all times shall have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall constitute not under any circumstances be or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease. If Landlord shall be required to obtain entry by means other than a key provided by Tenant, but any the cost of such entry shall be done payable by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderLandlord as additional rent.

Appears in 1 contract

Samples: Office Lease (Guidance Software, Inc.)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right at any and all times have, upon reasonable twenty four (24) hours prior written notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by the right to enter the Leased Premises, to inspect the same, to submit the Leased Premises to prospective purchasers or tenants, to post notices of non-responsibility, and to alter, improve or repair the Leased Premises and any portion of the Building of which the Leased Premises are a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c)part, and may take all such action thereon as may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be necessary or appropriate performed, always providing that access into the Leased Premises shall not be blocked thereby, and further providing that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Xxxxxx’s business, any loss of occupancy or quiet enjoyment of the Leased Premises or any loss occasioned thereby, unless caused in whole or in part by Xxxxxxxx’s gross negligence or intentional misconduct. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in, upon or about the Leased Premises, excluding Tenant’s vaults and safes, and Landlord shall have the right to use any and all means which Landlord may deem proper to open such purpose (but nothing contained doors in this Lease an emergency in order to obtain entry to the Leased Premises, and any entry to the Leased Premises obtained by Landlord by any such means or otherwise shall create not under any circumstances be construed or imply any duty upon deemed to be a forcible or unlawful entry into, or a detainer of, the part of Landlord to make any such inspection Leased Premises or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but Tenant from all or any such entry portion of the Leased Premises. Nothing in this Article 17 shall be done by construed as obligating Landlord to perform any repairs, alterations or maintenance except as otherwise expressly required elsewhere in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder.

Appears in 1 contract

Samples: Office Lease (Revelstone Capital Acquisition Corp.)

ENTRY BY LANDLORD. Landlord reserves, and shall at any and all times with reasonable notice, have, the right to enter the Premises during business hours to inspect the same, to show the Premises to prospective purchasers or lessees, to post notices of nonresponsibility, to repair the Premises and any portion of the Building that Landlord may deem necessary or desirable, without abatement of Rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed: provided, that the entrance to the Premises shall not be blocked unreasonably thereby and, provided, further that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages, injury or inconvenience to or interference with Tenants business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord's exercise of its authorized representatives rights pursuant to this Section 15.1, except and to the extent any such damage, injury or interference results from the negligence of Landlord. Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right upon reasonable notice (to use any and all means which shall be not less than two (2) Business Days except if a shorter notice Landlord may deem proper to open the doors to or no notice is appropriate in light of the circumstances if there is Premises in an emergency) , in order to enter each Leased Property at all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing such Leased Property to prospective purchasers and mortgagees and, at any time within six (6) months prior obtain entry to the expiration Premises without liability to Tenant Any entry to the Premises obtained by Landlord by any of these means, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Term of this LeasePremises, for the purpose of showing the same to prospective tenants. No such entry shall constitute or an eviction of Tenant, but Tenant from the Premises or any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunderportion thereof.

Appears in 1 contract

Samples: Office Lease Agreement (Greatfood Com Inc)

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