Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28

Appears in 4 contracts

Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)

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ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 4 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.), Office Lease (Docusign Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon not less than 24 hour at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 or (v) perform services equipment; provided, however, Tenant may elect to have a representative accompany Landlord during any such entry; provided further, however, Landlord shall not be required to delay any such entry due to the unavailability of Landlord hereundera Tenant representative. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform regularly scheduled services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (w) taking possession of the Premises due to any breach of this Lease, (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entryentry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to minimize interference not materially interfere with Tenant's use of and business conducted in of, or access to, the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Partiesas otherwise set forth in Section 3.2, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 3 contracts

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon not less than 24 hour at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entryentry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to minimize interference not materially interfere with Tenant's use of and business conducted in of, or access to, the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 3 contracts

Samples: Office Lease (Retrophin, Inc.), Office Lease (Acadia Pharmaceuticals Inc), Office Lease (Viking Therapeutics, Inc.)

ENTRY BY LANDLORD. That it shall be lawful for the Landlord reserves the right and its agent(s) at all reasonable times during the Term, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) reasonable notice, to enter the Leased Premises to (iinspect the condition thereof. Where an inspection reveals that repairs or replacements are necessary, the Landlord shall give to the Tenant notice in writing, and immediately thereafter the Tenant will forthwith proceed to make all necessary repairs or replacements in a good and workmanlike manner and to the satisfaction of the Landlord, so as to complete same within a commercially reasonable time taking into consideration the nature of the repair required. The failure by the Landlord to give notice shall not relieve the Tenant from any of its obligations to repair or replace in accordance with the provisions hereof. Provided further, that if the Tenant refuses or neglects to repair promptly and to the reasonable satisfaction of the Landlord as required pursuant to the provisions of Paragraph 8(f) inspect them; (ii) show hereof or in accordance with any notice received from the Premises Landlord pursuant to prospective purchasersthe provisions of this Paragraph 8(g), the Landlord may, but shall not be obligated to, make such repairs or replacements without liability to the Tenant for any loss or damage which may occur to the Tenant’s property or to current the Tenant’s business by reason thereof and upon completion, the Tenant shall forthwith pay upon demand the Landlord’s cost for making any such repairs or prospective mortgageesreplacements plus a sum equal to fifteen percent (15%) thereof for overhead, ground as additional rent. The Tenant agrees that the making of any repairs or underlying lessors or insurers or, during replacement by the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable Landlord pursuant to then applicable law); this Paragraph 8(g) is not a re-entry or (iv) alter, improve or repair the Premises or the Building, or a breach of any covenant for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary quiet enjoyment contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 3 contracts

Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment equipment, provided that any such alteration, improvement or (v) perform services required repair shall not unreasonably interfere with Tenant’s use of or access to the Premises. Tenant shall have the right to have one of its employees accompany Landlord hereunderduring any such visits. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, fails to perform (after any applicable notice and a reasonable opportunity to cure, to performcure period). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's ’s use of and business conducted in the Premises. Except with respect to personal injury or property damage access to the extent caused by the gross negligence or intentional acts of Landlord or Landlord PartiesPremises in connection with any entries under this Article 27 (except under item (B), above). Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided that the foregoing shall not limit Landlord’s liability for personal injury or property damage to the extent caused by Landlord’s negligence or willful misconduct. 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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)

ENTRY BY LANDLORD. 13.1 Landlord reserves the right right, and Tenant shall permit Landlord and its designees, to enter the Premises, at all reasonable times and upon not less than 24 hour following reasonable prior notice delivered to Tenant (except in the case event of an emergency) to , in which circumstance Landlord or its designees may enter the Premises to at any time without prior notice), to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective and tenants; (iii) post notices of nonresponsibility (make such alterations, improvements, additions and/or repairs as Landlord may deem necessary or as may be required to the extent comply with applicable pursuant to then applicable law)Laws; 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in connection with this Article 27, Landlord may enter the Premises at any time to Lease; (Av) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (Bvi) perform any covenants covenant or obligation of Tenant under this Lease which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, rent and may take such reasonable steps as required to accomplish the these stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted Except as otherwise provided in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts last sentence of Landlord or Landlord PartiesSection 16.1, Tenant hereby waives any claims for damages or for any injuries or inconvenience inconveniences to or interference interferences with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss losses occasioned thereby. For each of the above purposes, Tenant shall insure that Landlord shall at all times have a key keys 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 use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore hereinabove 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

Samples: Lease Agreement (New York Restaurant Group Inc), Lease Agreement (Smith & Wollensky Restaurant Group Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon not less than 24 hour at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or equipment; provided, however, except in the event of an emergency, Tenant shall have the option upon at least twelve (v12) perform services required hours prior notice to Landlord to require Landlord’s entry be delayed by up to seventy-two (72) hours if Tenant deems such delay to be reasonably necessary to avoid disruption of Landlord hereunderTenant’s business operations from within the Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (x) emergencies , (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entryentry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to minimize interference not materially interfere with Tenant's ’s use of and business conducted in of, or access to, the Premises. Except with respect Tenant’s rights under the terms of Section 6.7 shall apply to personal injury or property damage Landlord’s entry under the terms of this Article 27 (other than an entry pursuant to the terms of item (B) above), and otherwise (except to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Landlord’s express indemnification obligations under this Lease) Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour hours' prior notice to Tenant (except in the case of an emergency) to Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, the ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) to post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, any recorded covenants, conditions and restrictions ("CC&Rs"), or for structural alterations, repairs or improvements to the Building Building, or the Building's systems and equipment as Landlord may otherwise reasonably desire or deem necessary; or (v) perform services required of Landlord hereunderand take actions necessary to comply with the requirements and/or restrictions set forth in any CC&Rs. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cureTenant, to performperform janitorial or other services required of Landlord pursuant to this Lease. Landlord may make any Any such entries shall be subject to Tenant's reasonable security requirements and shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with , provided that Landlord shall use its best efforts to minimize any disruption to the business being carried on in the Premises during any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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, unless due to Landlord's gross negligence, willful misconduct or a breach of this Lease. 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 use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

Samples: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than reasonable notice of at least 24 hour prior notice to Tenant hours (which may be oral) (except no notice will be required in the case of an emergencyemergencies and for regularly scheduled maintenance or janitorial services) to the Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time (without notice) to (A) perform janitorial services or other similar daily/weekly type services; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance accordance with Applicable LawsLaw; and (BC) perform any covenants of Tenant which Tenant fails, fails to perform after the expiration of any applicable notice and a reasonable opportunity to cure, to performcure period. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise expressly provided in Section 19.6 of this Lease, ) and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize cause as little interference with Tenant's use of and business conducted in the Premisesto Tenant as reasonably possible. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to (or interference with with) Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and during normal business hours, upon not no less than 24 hour hours prior notice to Tenant (except in the case of an emergency) ), and in compliance with Tenant's reasonable security measures, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to tenants, or prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article ARTICLE 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service (unless Tenant has given Landlord written notice that it does not want janitorial service provided in a particular area ); (B) take possession possession, in compliance with law, due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) during normal business hours, upon forty-eight (48) hours prior notice, perform any covenants of Tenant which Tenant failsfails to perform (after notice, after notice and a reasonable an opportunity to cure, to performif expressly provided in this Lease). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entryentry into the Premises, Landlord shall use commercially agrees to make reasonable efforts to minimize interference with Tenant's use of and business conducted operations in the Premises. Except with respect to personal injury or property damage to the extent Premises caused by such entry and to minimize the gross negligence or intentional acts duration of Landlord or Landlord Parties, any such interference. 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, except with respect to damage to Tenant's personal property or the amount of any physical injury, but only to the extent such damage is caused by the negligent acts or omissions or willful misconduct of Landlord, its agents, employees and contractors, and in such event, only the extent not covered by Tenant's insurance required to be carried hereunder. For each of the above purposes, Landlord shall at all times have a key or card key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by TenantTenant (the "SECURITY Areas"). Notwithstanding anything set forth in this ARTICLE 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an emergency where such entry is reasonably required. In an emergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant's immediate cooperation in connection therewith. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

ENTRY BY LANDLORD. Landlord reserves and its agents or representatives shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) the same, or to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants (during the last nine (9) twelve months of the Lease Term, to prospective tenants; (iiiTerm or earlier in connection with a potential relocation) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Buildinginsurers, or to clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for structural alterationsthe safety, repairs protection or improvements preservation of the Building or any occupants thereof, or to facilitate repairs, alterations or additions to the Building or the Building's systems any other tenants' premises. Except for any entry by Landlord in an emergency situation or to provide normal cleaning and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entryjanitorial service, Landlord shall use commercially provide Tenant with reasonable prior notice of any entry into the Premises, which notice may be given verbally. Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts to perform any entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to If reasonably necessary for the extent caused by the gross negligence or intentional acts protection and safety of Landlord or Landlord Parties, 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 emergencyits employees, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into temporarily close the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except additions in the Premises, provided that Landlord shall use reasonable efforts to perform all such work on weekends and after Normal Business Hours. Entry by Landlord hereunder shall not constitute a constructive eviction or entitle Tenant to any abatement or reduction of Rent by reason thereof. Notwithstanding the foregoing, if Landlord temporarily closes the Premises as otherwise expressly agreed provided above for a period in excess of three (3) consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rental during the period beginning on the fourth (4th) consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Landlord herein. ARTICLE28Tenant in its maintenance and repair obligations under the Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Viewlocity Inc), Office Lease Agreement (Viewlocity Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than reasonable advance written notice (at least 24 hour prior notice hours), to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, the ground or underlying lessors or insurers lessors, or, during the last nine (9) 9 months of the Lease Term, to prospective tenants; (iii) to post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) provided the same does not have an adverse impact on Tenant’s use to enjoyment of the Premises, alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to Tenant (A) take possession due provided with respect to any breach emergency situations, notice of such entry shall be made promptly thereafter), in emergency situations and/or to perform janitorial required of Landlord pursuant to this Lease in the manner provided herein and Lease. Any such entries in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries this Section shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party (provided, the foregoing proviso shall not apply to loss of profits or other consequential damages). 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 ’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 by Landlord 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. No provision In connection with such accessing of this Lease the Premises, Landlord will comply with Tenant’s reasonable written security measures so long as such compliance does not materially impede or delay Landlord’s access to the Premises. Landlord shall be construed as obligating Landlord in all events use commercially reasonable efforts to perform minimize any repairsinterference with Tenant’s use and enjoyment of, alterations or decorations except as otherwise expressly agreed to be performed and access to, the Premises in connection with any exercise of rights by Landlord herein. ARTICLE28under this Section 22.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Premises to prospective purchasers, mortgagees or tenants (but as to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last nine twelve (912) months of the initial Lease Term or of any Extension Term), or to prospective tenantsthe ground or underlying lessors; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or Building. Tenant shall be offered an opportunity to accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant's security procedures in connection with such entry (except that these restrictions shall not apply in the Building's systems and equipment or (v) perform services required case of Landlord hereunderan emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except Rent so long as otherwise provided in this LeaseTenant can continue to occupy and use any affected portion of the Premises for the same business purposes as Tenant had been using such affected portion prior to Landlord's entry, and Landlord may take such reasonable steps as required to accomplish the stated purposes. In connection with , provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize interference not materially and adversely interfere with Tenant's use of and normal business conducted in the Premisesfunctions. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 therebythereby except any claims arising out of Landlord's gross negligence or willful misconduct. 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 from time to time in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

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

ENTRY BY LANDLORD. (a) Subject to the terms of this Section 24.2(a), Landlord reserves and its Affiliates at all times have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises Premises, and Landlord will retain (or be given by Tenant) keys to unlock all the doors to or within the Premises, excluding doors to Tenant’s vaults and files and Tenant’s limited high-security areas. Landlord in good faith will attempt to give Tenant oral or written notice at least one (i1) inspect them; (ii) show day prior to entering the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall will use commercially reasonable efforts to minimize interference avoid disturbing or interfering with the conduct of Tenant's use of and ’s business conducted in the Premisesby such entry more than is reasonably necessary under these circumstances. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 purposesBut, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes need not give notice and special security areas designated in advance by Tenant. In an emergency, Landlord shall will have the right to use any means necessary to enter the Premises if Landlord believes there is an emergency or that entry is necessary to prevent damage or injury or protect health, safety or property, although Landlord still will attempt to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances (although Tenant acknowledges that emergency situations may deem proper to open the doors result in and material interference). Entry to the Premises. Any entry into Premises and the Premises by Landlord in the manner hereinbefore described shall not exercise of Landlord’s rights will not, under any circumstances, be deemed to be a default, a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an actual or constructive eviction of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating thereof, nor will it subject Landlord to perform any repairsLiabilities or entitle Tenant to any compensation, alterations abatement of rent or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28other rights and remedies.

Appears in 2 contracts

Samples: Lease (Transmedics Inc), Lease (Transmedics Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, the ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, Rent (except as otherwise expressly provided in this Lease, ) and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entryentry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to minimize interference not materially interfere with Tenant's use of and business conducted in of, or access to, the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Partiesas otherwise set forth in Section 6.4, 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 .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 use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

Samples: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon right, on not less than 24 hour one (1) business days prior written notice to Tenant and during Building Hours (except in the case of an emergencyEmergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required equipment, subject, however to the requirements of Landlord hereunderSection 7.1 above. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business’s business and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Tenant hereby waives any claims for loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises in connection with such entries. 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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28000 XXX XXXXXXXXXX XXXXXX

Appears in 2 contracts

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

ENTRY BY LANDLORD. 27.1 Landlord reserves the right at all reasonable times and upon not less than 24 hour one (1) day’s prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable lawApplicable Law); 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 ’s systems and equipment or equipment, each provided that Landlord uses commercially reasonable efforts to coordinate with Tenant (vemergencies excepted) perform services required and otherwise employs commercially reasonable efforts to minimize interference with the conduct of Landlord hereunder. Notwithstanding anything to Tenant’s business in connection with entries into the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performPremises. Landlord may make any such entries without the abatement of Rent, except as otherwise expressly provided in this Lease, and may shall take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision Landlord further reserves the right to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, attached, on each applicable floor of this Lease the Premises for the future installation of additional shaft walls and risers for the tenants or occupants of floors beneath the applicable floor of the Premises. Upon the giving of such notice, designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be construed treated as obligating Landlord to perform Common Areas Tenant shall not make any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Alterations in the Future Shaft Areas and shall remove any of Tenant’s property from the same upon reasonable prior notice from Landlord.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves and shall have the right to enter the Leased Premises, to inspect the same with at all reasonable times and upon not less than 24 hour prior least forty-eight (48) hours of notice to Tenant (except in the case of an emergency) ), to enter supply janitorial service and other services to be provided by Landlord to Tenant hereunder, to submit the Premises to (i) inspect them; (ii) show the Leased Premises to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during tenants within the last nine six (96) months of the Lease Term or Extension Term, to prospective tenants; (iii) post notices of nonresponsibility (non-responsibility, and to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Leased Premises or the Building, or for structural alterations, repairs or improvements to and any portion of the Building or of which the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27Leased Premises are a part, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Annual Basic Rent or Additional Rent, except as otherwise provided in this Lease, and may take such reasonable steps as for that purpose erect scaffolding and other necessary structures where reasonably required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts character of Landlord or Landlord Partiesthe work to be 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 claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Leased Premises or any other loss occasioned thereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in in, upon or about the Leased Premises, excluding Tenant's vaults’s vaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all reasonable means that which Landlord may deem proper to open the such doors in and an emergency in order to obtain entry to the Leased Premises. Any , and any entry into to the Leased Premises obtained by Landlord in the manner hereinbefore described by any 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 Premises, Leased Premises or an actual or constructive eviction of Tenant from all or any portion of the Leased Premises. No provision of Nothing in this Lease Article 15 shall be construed as obligating Landlord to perform any repairs, alterations or decorations maintenance except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28required elsewhere in this Lease.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or mortgagees, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises Premises, the premises of other tenants in the Building, or the Building, or for structural alterations, repairs repairs, additions, or improvements to the Building or the Building's ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise provided specifically set forth in this Lease, Section 6.5 above) and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant, hereunder, Landlord shall use commercially reasonable efforts not to minimize interference adversely interfere with Tenant's ’s use of and business conducted in or access to the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except no such prior notice shall be required in the case of an emergencyemergencies) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building Building, or the Building's systems and equipment as Landlord may otherwise reasonably desire or (v) perform services required of Landlord hereunderdeem necessary. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize cause as little interference with Tenant's use of and business conducted in the Premisesto Tenant as reasonably possible. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby Landlord’s entry into the Premises. 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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

Samples: Office Lease (Advanced Medical Optics Inc), Office Lease (Intralase Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the Building. Except in emergencies or to provide Building services, Landlord shall provide Tenant with at any time to least twenty-four (A24) take possession due to any breach hours’ prior written notice of this Lease in the manner provided herein and in compliance with Applicable Laws; and entry (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesbe by email). In connection with any such entryentry for nonemergency work performed during Building Service Hours, Landlord shall use commercially reasonable efforts efforts, consistent with the operation of a first-class office, lab and R&D building, not to minimize interference unreasonably interfere with Tenant's ’s use of and business conducted in the Premises. Except If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. Landlord shall not close the Premises during Building Service Hours if the work can reasonably be performed on weekends and/or after Building Service Hours. Any such entry by Landlord shall not otherwise constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, in the event that the Premises is closed or access thereto is completely denied in connection with respect any such repairs, alterations or additions and not due to personal injury or property damage Force Majeure, and such prohibited access continues for more than one (1) day, then commencing on the second day of such prohibited access, Rent shall xxxxx for each day that Tenant is prevented from having any access to the extent caused by Premises due to such work and not due to Force Majeure (it being acknowledged and agreed that there shall be no abatement of Rent so long as Tenant has minimum access to the gross negligence or intentional acts Premises nor shall there be any abatement of Landlord or Landlord Parties, Rent in connection with any Force Majeure). 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 times, except in the case of emergencies, have a key with which the right to unlock all escort Landlord or its agents, representatives, contractors or guests while the doors same are in the Premises, excluding Tenant's vaults, safes provided that Tenant makes such representative available when such access is reasonably agreed and special security areas designated in advance by Tenantprovided that such escort does not materially and adversely affect Landlord’s access rights hereunder. In an emergency, Landlord shall have the right use reasonable efforts to use any means that Landlord may deem proper comply with Tenant’s reasonable security, confidentiality and safety requirements with respect to open the doors in and to entering restricted portions of the Premises. Any ; provided, however, that Tenant has notified Landlord of such security, confidentiality and safety requirements reasonably prior to Landlord’s entry into the Premises and provided further that in no event shall Tenant bar or prohibit access by Landlord in and its employees, agents and contractors for 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 performance of the Premises. No provision obligations of Landlord or the exercise of the rights of Landlord under this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Lease.

Appears in 2 contracts

Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) subject to Applicable Laws, take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's ’s use of and business conducted in the Premises. Except with respect to personal injury or property damage access to the extent caused by the gross negligence or intentional acts of Landlord or Landlord PartiesPremises in connection with any entries under this Article 27 (except under item (B), above). Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided that the foregoing shall not limit Landlord’s liability for personal injury and/or property damage to the extent caused by Landlord’s negligence or willful misconduct. 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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves the right at all Landlord, and its duly authorized representatives, shall, upon reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) emergency or for normal cleaning and maintenance operations), have the right to enter the Premises at all reasonable times (except at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (i) inspect them; (ii) but Landlord shall have no duty whatsoever to make any such inspections, repairs, alterations, additions or improvements except as otherwise provided in Sections 4.1, 7.1 and 7. 2 and Exhibit B), and to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last nine twelve (912) months preceding expiration of the term of this Lease Term, as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alterpurchasers and mortgagees. In addition, 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27upon reasonable prior written notice, Landlord may and its agents may, at Landlord’s sole cost and expense, enter the Premises to perform environmental audits, environmental site investigations and environmental site assessments (“Site Assessments”) in, on, under and at the Premises, it being understood that Landlord shall repair any time to (A) take possession due to any breach damage arising as a result of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this LeaseSite Assessments, and may take such reasonable steps as required to accomplish the stated purposesSite Assessments. In connection with any such entrythe exercise of the foregoing rights of access, Landlord shall use commercially reasonable efforts permit a representative or agent of Tenant to minimize interference accompany Landlord in connection with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any such entry into the Premises by Landlord Premises; provided, however, in the manner hereinbefore described shall not be deemed to be case of emergency Landlord will notify Tenant of the need for such access so that a forcible representative or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction agent of Tenant from any portion may accompany Landlord if such representative or agent of Tenant is available within a reasonable time frame taking into account the circumstances and context of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28emergency situation.

Appears in 2 contracts

Samples: Agreement (Decibel Therapeutics, Inc.), Agreement (Decibel Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon not less than 24 hour at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (vincluding, without limitation, to perform Bracket’s obligations to remove the alterations, improvements, equipment and personal property in the Suite 700 Server Room that are Bracket’s obligation to remove pursuant to that certain Lease Termination Agreement (the “Lease Termination Agreement”) being entered into by Landlord and Bracket concurrently herewith, and any related restoration work required by such Lease Termination Agreement to the extent that Bracket fails to timely perform services required of Landlord hereundersuch obligations). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after fails to perform following the expiration of any applicable notice and a reasonable opportunity to cure, to performcure period. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entryentry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to minimize interference not materially interfere with Tenant's ’s use of and business conducted in of, or access to, the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28In connection with any such entry to the Premises, Landlord shall comply with Tenant’s reasonably established security measures previously communicated to Landlord in writing.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon not less than 24 hour at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time upon reasonable notice to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entryentry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to minimize interference not materially interfere with Tenant's ’s use of and business conducted in of, or access to, the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby; except to the extent arising from the gross negligence or willful misconduct of the Landlord or the Landlord Parties, subject to all provisions contained in this Lease. 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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon not less than 24 hour at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building's ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entryentry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to minimize interference not materially interfere with Tenant's ’s use of and business conducted in of, or access to, the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right at all reasonable times and to enter the Premises upon not less than 24 hour twenty four (24) hours prior notice to Tenant (except in the case of an emergency, in which case no notice is necessary) to inspect the same, and any other service to be provided by Landlord to Tenant hereunder, including, without limitation, to name the Building and Project and to change the name or street address of the Building or Project to install and maintain all signs on the exterior and interior of the Building and Project, to enter the Premises for the purpose of making inspections, repairs, Alterations, additions or improvements to the Premises or to the Building (i) inspect them; (ii) including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority and to show the Premises to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Termtenants, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alternon-responsibility, 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 or (v) perform services required all without being deemed guilty of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants eviction of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performwithout abatement of Rental. Landlord may make any may, in order to carry out such entries without the abatement of Rentpurposes, except as otherwise provided in this Lease, erect scaffolding and may take such reasonable steps as other necessary structures where reasonably required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts character of Landlord or Landlord Partiesthe work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claims claim for damages or for any injuries injury 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 therebyin, upon and about the Premises. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes vaults and special security areas designated in advance by Tenantsafes. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem deemed proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not be construed or deemed to be a forcible or the unlawful entry into, or a detainer of, into the Premises, or an actual or constructive eviction of Tenant from form the Premises or any portion of the Premises. No provision of this Lease thereof, and any damages caused on account thereof, shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28paid by Tenant.

Appears in 2 contracts

Samples: Alpha Technologies Group Inc, Alpha Technologies Group Inc

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and during normal business hours, upon not no less than 24 hour hours prior notice to Tenant (except in the case of an emergency) ), and in compliance with Tenant’s reasonable security measures, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to tenants, or prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article ARTICLE 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service (unless Tenant has given Landlord written notice that it does not want janitorial service provided in a particular area ); (B) take possession possession, in compliance with law, due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) during normal business hours, upon forty-eight (48) hours prior notice, perform any covenants of Tenant which Tenant failsfails to perform (after notice, after notice and a reasonable an opportunity to cure, to performif expressly provided in this Lease). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entryentry into the Premises, Landlord shall use commercially agrees to make reasonable efforts to minimize interference with Tenant's use of and business conducted ’s operations in the Premises. Except with respect to personal injury or property damage to the extent Premises caused by such entry and to minimize the gross negligence or intentional acts duration of Landlord or Landlord Parties, any such interference. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except with respect to damage to Tenant’s personal property or the amount of any physical injury, but only to the extent such damage is caused by the negligent acts or omissions or willful misconduct of Landlord, its agents, employees and contractors, and in such event, only the extent not covered by Tenant’s insurance required to be carried hereunder. For each of the above purposes, Landlord shall at all times have a key or card key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by TenantTenant (the “SECURITY Areas”). Notwithstanding anything set forth in this ARTICLE 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an emergency where such entry is reasonably required. In an emergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant’s immediate cooperation in connection therewith. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour one (1) business day prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last six (6) months of the Lease Term, tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; 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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) at any reasonable time to perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Landlord and Landlord’s agents shall exercise reasonable efforts in connection with any entry (other than an entry pursuant to clause (B) above) to not impair Tenant’s operations more than reasonably necessary and shall comply with Tenant’s reasonable security measures to the extent Landlord has given prior written notice thereof.

Appears in 2 contracts

Samples: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to reasonable advance notice, enter the Premises to (ia) for reasonable cause, inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers, lenders or to current or prospective mortgagees, ground or underlying lessors or insurers orpurchasers and, during the last nine final fifteen (915) months of the Lease Termterm, to prospective tenants; , (iiid) post notices of nonresponsibility non-responsibility, and (to the extent applicable pursuant to then applicable law); or (ive) alter, improve or repair the Premises or any other portion of the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesReal Property. In connection with any such entryalteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry 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 commercially reasonable good faith efforts to minimize cause all such work to be done in such a manner as to cause as little interference with Tenant's use of and business conducted in the Premisesto Tenant as reasonably possible without incurring additional expense. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 retain a key with which to unlock all of the doors in the Premises, excluding except Tenant's vaults, safes ’s vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28thereof.

Appears in 1 contract

Samples: Office Lease (Zscaler, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than reasonable advance written notice (at least 24 hour prior notice hours), to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, the ground or underlying lessors or insurers lessors, or, during the last nine (9) 9 months of the Lease Term, to prospective tenants; (iii) to post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) provided the same does not have an adverse impact on Tenant’s use to enjoyment of the Premises, alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to Tenant (A) take possession due provided with respect to any breach emergency situations, notice of such entry shall be made promptly thereafter), in emergency situations and/or to perform janitorial required of Landlord pursuant to this Lease in the manner provided herein and Lease. Any such entries in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries this Section shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party (provided, the foregoing proviso shall not apply to loss of profits or other consequential damages). 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 ’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 by Landlord 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. No provision In connection with such accessing of this Lease the Premises, Landlord will comply with Tenant’s reasonable written security measures so long as such compliance does not materially impede or delay Landlord’s access to the Premises. Landlord shall be construed as obligating Landlord in all events use commercially reasonable efforts to perform minimize any repairsinterference with Tenant’s use and enjoyment of, alterations or decorations except as otherwise expressly agreed to be performed and access to, the Premises in connection with any exercise of rights by Landlord hereinunder this Section 22. ARTICLE28- 38 - 908728.01/SD 374622.00146/4-30-21/MLT/bp ActiveUS 186012966v.2

Appears in 1 contract

Samples: Lease (Dyne Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and at reasonable hours to (Aa) take possession due inspect the same, (b) exhibit the same to any breach of this Lease in the manner provided herein and in compliance prospective purchasers, lenders, or tenants, (c) determine whether Tenant is complying with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided all its obligations in this Lease, (d) supply any service that this Lease obligates Landlord to provide to Tenant, (e) post notices of non-responsibility or similar notices, or (f) make repairs required of Landlord under the terms of this Lease or make repairs or alterations and may take such reasonable steps as required additions to accomplish any adjoining space or utility services (including but not limited to the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts right to minimize interference with Tenant's use of place alternative electric utility service provider wires and business conducted in equipment within and through the Premises), or make repairs, alterations, or improvements to any other portion of the Shopping Center; 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. Except with respect to personal injury or property damage to the extent caused Tenant by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby this Article 20 waives any claims claim against Landlord, its agents, employees, or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant's vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described shall by any means permitted under this Article 20 will not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Monthly Base Rent, Additional Rent, or other charges that this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28pay.

Appears in 1 contract

Samples: Sri Surgical Express Inc

ENTRY BY LANDLORD. 18.01 Landlord reserves and its agents, upon giving 24 hours notice to Tenant’s management personnel at the Premises, shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises during normal business hours for the purpose of examining or inspecting the same, to (i) inspect them; (ii) supply any services to be provided by Landlord to Tenant hereunder, to show the Premises same to prospective purchasers, purchasers (or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Termterm to prospective tenants of the Premises), and to make such alterations, repairs, improvements, or additions, whether structural or otherwise, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building as Landlord may deem necessary or desirable. Landlord shall not make any such alterations, repairs, improvements, or additions which materially affect Tenant’s use or enjoyment of the Premises/Building's systems /Property, and equipment any such alterations, repairs, improvements, or (v) perform services required of additions made by Landlord hereunder. Notwithstanding anything shall to the contrary contained best of Landlord’s ability be completed after Tenant’s business hours. Tenant shall have the right to have a representative present during any entry by Landlord. In the event said alterations, repairs, improvements, or additions are required during business hours, Landlord will work with Tenant to minimize the impact of Tenant’s use and enjoyment of the Premises. In the event of emergency and in the event Tenant’s employees are not at the Premises at the time of Landlord’s entry, Landlord may enter by means of a master key, without liability to Tenant except for any failure to exercise due care for Tenant’s property, and without affecting this Article 27, Lease. Landlord shall use reasonable efforts on any such entry not to unreasonably interrupt or interfere with Tenant’s use and occupancy of the Premises. Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants case of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Lease (Inverness Medical Innovations Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers purchasers or, during the last nine (9) months of the Lease Term, to prospective tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawssubject to applicable law; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a fails to perform. Landlord shall use commercially reasonable opportunity efforts to cureminimize, to performthe extent practicable, disruption to Tenant’s business operations at the Premises resulting from any such entries. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Cotherix Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour twenty-four (24) hours prior notice to Tenant (except that no notice shall be required in the case of an emergencyemergency or regularly scheduled service (such as janitorial)) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, the ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) post or serve notices of nonresponsibility (to the extent applicable pursuant to then applicable law)for mechanics’ lien purposes; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current Building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or pursuant to the Building's systems terms and equipment or (v) perform services required conditions of Landlord hereunderthe Lease. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform; or (D) to address an emergency. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Leaseshall not be deemed an unlawful entry, or an actual or constructive eviction, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of In the above purposesevent Landlord enters the Premises to perform any work or repair, Landlord shall at all times have a key use commercially reasonable efforts to cause minimal interference with which to unlock all Tenant’s use and shall repair any damage caused by the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance performance of such work by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Landlord.

Appears in 1 contract

Samples: Office Lease (HMS Holdings Corp)

ENTRY BY LANDLORD. Landlord reserves and its agents, employees and independent contractors may enter the right Premises at all reasonable times and hours upon prior written notice (but not less than 24 hour prior notice one (1) Business Day) to: (a) inspect the same, (b) exhibit the same to prospective purchasers, lenders or, during the last twelve (12) months of the Term, tenants, (c) determine whether Tenant is complying with all of Tenant's obligations hereunder, (d) supply janitorial service and any other services to be provided by Landlord to Tenant hereunder, if any, (except e) post notices of non-responsibility, and (f) make repairs required of Landlord under the terms hereof or, to the extent necessary, 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 work shall be done as promptly as possible and so as to cause as little interference with Tenant as reasonably possible and damage to the Premises and Tenant’s property, which may include scheduling such access after business hours. Landlord acknowledges that it is necessary for Tenant to control access to the Premises in order to protect its privacy and security. Accordingly, unless in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, emergency endangering property or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leasepersonal injury, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially after using reasonable efforts to minimize interference contact Txxxxx, while on the Premises, Landlord and its representatives, at Tenant’s option, shall be accompanied by a representative of Tenant and shall comply with Tenant's use reasonable directions of and business conducted such representative. Landlord shall promptly repair any damage caused by Landlord or Landlord’s agents in the PremisesPremises during such entry. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with TenantTxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's vaults, safes safes, labs and special security similar areas designated in writing by Tenant in advance by Tenant. In an emergency, or clearly designated as restricted or limited access); Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency endangering property or personal injury in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described of any said means, or otherwise, shall not not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion thereof, except for any negligence or willful misconduct of the Premises. No provision Landlord or any agent or contractor of Landlord in connection with any such entry under this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Section 21.

Appears in 1 contract

Samples: Lease Agreement (In8bio, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable verbal notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, during the last nine (9) months of the Lease Term, to or prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 2726, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with Tenant hereby waives any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to claims for damages (other than personal injury or and property damage to the extent caused by the gross Landlord’s LAKESHORE TOWERS BUILDING II [United PanAm Financial Corp.] negligence or intentional acts of willful misconduct in connection with an entry by Landlord or Landlord Parties, Tenant hereby waives any claims for damages into the Premises) or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (United Pan Am Financial Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, during the last nine (9) months of the Lease Term, to or prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 2726, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with Tenant hereby waives any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to claims for damages (other than personal injury or and property damage to the extent caused by the gross Landlord’s 37 LAKESHORE TOWERS BUILDING III [Quality Systems, Inc.] negligence or intentional acts of willful misconduct in connection with an entry by Landlord or Landlord Parties, Tenant hereby waives any claims for damages into the Premises) or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Quality Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all Landlord, and its duly authorized representatives, shall, upon reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) , when no notice shall be required), have the right to enter the Premises to at all reasonable times (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein case of emergency) for the purposes of inspecting the condition of same and in compliance with Applicable Laws; and making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity but the Landlord shall have no duty whatsoever to cure, to perform. Landlord may make any such entries without the abatement of Rentinspections, repairs, alterations, additions or improvements except as otherwise provided in this Lease), and may take such reasonable steps as required to accomplish show the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts Premises to minimize interference with Tenant's use of and business conducted in prospective tenants during the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 twelve (12) months preceding expiration of the PremisesLease Term and at any reasonable time during the Lease Term to show the Premises to prospective purchasers and mortgagees.TENANT’S PAYMENTS. Any Additional Rent due hereunder, except for monthly payments on account of Operating Expenses and Taxes, shall be payable, unless otherwise provided in this Lease, within ten (10) days after written demand by Landlord. If Tenant does not timely pay any other loss occasioned thereby. For each amount 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 emergencyAdditional Rent, Landlord shall have all the right rights and remedies available to use Landlord hereunder or by law in the case of non-payment of Annual Fixed Rent. If Tenant has not objected to any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises statement of Additional Rent which is rendered by Landlord in to Tenant within ninety (90) days after the manner hereinbefore described date thereof, then the same 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 final account between Landlord and Tenant from not subject to any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28further dispute.

Appears in 1 contract

Samples: Lease Agreement (Hubspot Inc)

ENTRY BY LANDLORD. (a) Landlord reserves may enter the right Premises (other than areas reasonably designated by Tenant in a notice to Landlord as constituting "Secure Areas") and common areas as to which Tenant has exclusive use pursuant to Section 4, at all reasonable times and upon not less than 24 hour hours during normal business hours on at least twenty-four (24) hours' prior notice to Tenant (except as otherwise specifically provided in clause (iv) below or in emergencies, in which case Landlord shall give Tenant such notice, if any, as shall be reasonable under the case of an emergency) to enter the Premises circumstances), to (i) inspect them; the same (other than Secure Areas), (ii) show exhibit the Premises same (other than Secure Areas) to prospective purchaserspurchasers or lenders of the Building or Project, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine eighteen (918) months of the Lease Term, to prospective tenants; , (iii) determine whether Tenant is complying with all its obligations hereunder, (iv) with no prior notice, supply janitor service and with notice for any other service required or permitted to be provided by Landlord to Tenant hereunder, (v) post notices of nonresponsibility non-responsibility where Tenant has notified Landlord that, or Landlord otherwise is aware that, Tenant will perform work (vi) to the extent applicable pursuant permitted or required by this Lease, make repairs in the Premises (vii) make repairs and improvements to then applicable law); any Building Systems, including the installation of pipes and conduits in the plenum and (viii) where it is impractical to do so without entering the Premises, make repairs, alterations or improvements to any portion of the Building other than the Premises, provided that (A) the entrances to the Premises shall not be blocked thereby or access impaired, (B) Tenant's ability to conduct its business in the Premises is not unreasonably impaired or interfered with, and (C) Tenant shall have the right to have a representative accompany Landlord during any such entry, except in case of emergency, where notice to Tenant is not reasonable under the circumstances, or in case of clause (iv) alterabove. In addition to the foregoing, improve Landlord and third parties leasing space on the roof of Building (and their respective contractors) shall have the right to enter the common areas of the Building during Tenant's normal business hours (except in case of emergency in which case such entry may be made at any time) and upon compliance with Tenant's reasonable security procedures for purposes of access to the roof in order to install, test, maintain and remove equipment located on the roof. (b) Without limiting the foregoing, Landlord may, at any time or repair from time to time during the Premises or Term and subject to the Buildingprovisions of this Section 16, or for structural alterations, repairs or improvements perform substantial renovation work in and to the Building or the Building Systems (which work may include, but need not be limited to, the repair or replacement of the Building's systems exterior facade, exterior window glass, elevators, electrical systems, air conditioning and equipment ventilating systems, plumbing system, telecommunications system, common hallways, or (v) perform services required lobby), any of Landlord hereunder. Notwithstanding anything which work may require access to the contrary contained in this Article 27same from within the Premises. If Landlord needs to shut down a Building System, Landlord may enter shall give Tenant at least thirty (30) days' notice (other than in the event of an emergency, in which case Landlord shall give Tenant such notice, if any, as shall be reasonable under the circumstances), which notice shall also set forth the estimated duration of such shutdown. Tenant agrees that (i) Landlord shall have access to the Premises (except Secure Areas) at any time all reasonable times during business hours, upon not less than twenty-four (24) hours' prior notice, and otherwise subject to (A) take possession due to any breach the provisions of this Lease in Section 16(b), for the manner provided herein and in compliance with Applicable Laws; purpose of performing such work, and (Bii) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any abatement of rent on account of any noise, vibration, or other disturbance to Tenant's business at the Premises (provided that (A) the entrances to the Premises shall not be blocked thereby or access impaired, and may take such reasonable steps as required (B) Tenant's ability to accomplish conduct its business in the stated purposes. In connection with Premises is not unreasonably impaired or interfered with, and (C) Tenant shall have the right to have a representative accompany Landlord during any such entry, ) which shall arise out of said access by Landlord or by the performance by Landlord of the aforesaid renovations at the Building. Landlord shall use commercially reasonable efforts (which may include an obligation to minimize interference with employ labor at overtime rates) to avoid disruption to Tenant's use of and business conducted during any such entry upon the Premises by Landlord. Landlord shall promptly repair any damage caused by its entry in the Premises. Except with respect to personal injury or property damage Premises and restore the same to the extent caused by condition existing immediately preceding Landlord's entry. (c) Subject to Landlord's compliance with the gross negligence or intentional acts provisions of Landlord or Landlord PartiesSections 16(a) and (b), Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned thereby. For each by any such entry or entries made by Landlord pursuant to any of the above purposes, foregoing. Landlord shall at all times have a key and retain keys with which to unlock all of the doors in in, on or about the Premises, excluding Tenant's vaults, safes and special security areas designated in advance Secure Areas. Alternatively, Tenant may use a card key system on all locks for all of the doors in, upon or about the Premises, provided that Landlord shall be provided by TenantTenant with a reasonable number of card keys for access consistent with the preceding sentence. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the any doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of thereof, provided that Landlord shall use reasonable care in entering the Premises. No provision of this Lease Keys and card keys retained by Landlord hereunder shall be construed as obligating used solely for access to the Premises for any purpose permitted under this Section 16 and for access to the Premises in cases of an emergency, including entry by Landlord's security personnel. Landlord shall establish, and use commercially reasonable efforts to perform enforce, procedures to ensure that any repairssuch keys are maintained in the exclusive possession and control of Landlord and its designated representatives and are not lost or copied. When not in use, alterations or decorations except as otherwise expressly agreed to be performed keys retained by Landlord hereinhereunder shall be kept in the office of the chief engineer of the Building, janitorial supervisor's office and/or fire control center. ARTICLE28(d) Any work performed or installations made pursuant to this Section 16 shall be made with reasonable diligence and otherwise pursuant to Sections 9(b) and (e). 17.

Appears in 1 contract

Samples: Schwab Charles Corp

ENTRY BY LANDLORD. Landlord reserves and its agents or representatives shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises Premises, except for secure areas or areas containing confidential information unless accompanied by a representative of the Tenant, to (i) inspect them; (ii) the same, or to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants (during the last nine (9) twelve months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Buildinginsurers, or to clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for structural alterationsthe safety, repairs protection or improvements preservation of the Building or any occupants thereof, or to facilitate repairs, alterations or additions to the Building or the Building's systems any other tenants' premises. Except for any entry by Landlord in an emergency situation or to provide normal cleaning and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entryjanitorial service, Landlord shall use commercially provide Tenant with reasonable efforts to minimize interference with Tenant's use prior notice (not less than 24 hours) of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 entry into the Premises, which notice may be given orally. If reasonably necessary for the protection and any other loss occasioned thereby. For each safety 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 Tenant and special security areas designated in advance by Tenant. In an emergencyits employees, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into temporarily close the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed additions in the Premises if done in accordance with all federal and state banking laws. Landlord shall use reasonable efforts to be performed perform all such work on weekends and after Normal Business Hours. Entry by Landlord hereinhereunder shall not constitute a constructive eviction or entitle Tenant to any abatement or reduction of Rent by reason thereof so long as the all the Premises is usable during such time. ARTICLE28Notwithstanding the foregoing, except in the case of an emergency that threatens substantial damage to the Building or personal injury, Landlord shall have no right to enter (and Tenant may prohibit access to) the vault or safe deposit box areas of the Lobby/Branch Space, as such areas may be designated by Tenant, in its reasonable discretion, from time to time. In exercising its right of entry pursuant to this Lease, Landlord shall use commercially diligent efforts: (i) to minimize any interference with the conduct of Tenant's business, (ii) to prevent breaches of security, and (iii) to avoid damage to the Premises or the equipment, fixtures or personal property of Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Republic Bancshares Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 at least twenty-four (24) hour prior advance notice to Tenant (except in the case of an emergency, in which case the notice shall be reasonable under the circumstances) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach Event of this Lease Default by Tenant in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after fails to perform beyond any applicable notice and a reasonable opportunity to cure, to performcure period provided in this Lease. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. 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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Rockley Photonics Holdings LTD)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (with respect to such tenants, only during the last 12 months of the Lease Term), or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord (other than as noted in subparagraph (iv) in the preceding sentence), including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein herein, subject to and in compliance accordance with Applicable Lawsthe provisions of Article 19 hereof; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform, subject to and in accordance with the provisions of Article 26.1 hereof. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise expressly provided in this LeaseSection 6.4, above) and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided, however, that nothing contained herein shall waive any liability of Landlord for personal injury and/or property damage resulting from Landlord’s negligence or willful misconduct. 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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may reasonably deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Imperial Capital Group, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time reasonable hours with minimum of one (1) hour notice to (Aa) take possession due inspect the same, (b) exhibit the same to prospective purchasers, lenders or tenants, (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, (e) post notices of non responsibility and (f) make repairs required of Landlord under the terms hereof or repairs to any breach adjoining space or utility service or make repairs, alterations, or improvements to any other portion of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Building, provided, however, that all such work shall be done as promptly as possible and, so as to cause as little interference to Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performas reasonably possible. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. 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 use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion thereof. The Tenant is hereby granted the right of twenty-four (24) hour access to the Premises. No provision Tenant is hereby granted the right to change or install lock (a) on the interior door(s) of this Lease the Premises and at the end of the Term Tenant shall be construed as obligating Landlord surrender the keys to perform any repairs, alterations or decorations except as otherwise expressly agreed such locks to be performed by Landlord herein. ARTICLE28Landlord.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Microsoft Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but as to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last nine twelve (912) months of the initial Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or Building. Tenant shall be offered an opportunity to accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant’s security procedures in connection with such entry (except that these restrictions shall not apply in the Building's systems and equipment or (v) perform services required case of Landlord hereunderan emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except Rent so long as otherwise provided in this LeaseTenant can continue to occupy and use any affected portion of the Premises for the same business purposes as Tenant had been using such affected portion prior to Landlord’s entry, and Landlord may take such reasonable steps as required to accomplish the stated purposes. In connection with , provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize interference not materially and adversely interfere with Tenant's use of and ’s normal business conducted in the Premisesfunctions. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby except any claims arising out of Landlord’s gross negligence or willful misconduct. 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 ’s vaults, safes and special security areas designated from time to time in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease and Settlement Agreement (Peregrine Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, contractors and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to representatives may enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) 12 months of the Lease TermTerm show the Premises, to prospective tenants; (iii) post notices of nonresponsibility (clean and make reasonable repairs, alterations or additions to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to conduct or facilitate reasonable repairs, alterations or additions to any other loss occasioned thereby. For each portion of the above purposesBuilding, including other tenants' premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord shall at all times have a key provide Tenant with which to unlock all the doors in reasonable prior notice of entry into the Premises, excluding Tenant's vaults, safes which may be given orally. If reasonably necessary for the protection and special security areas designated in advance by Tenant. In an emergencysafety of Tenant and its employees, Landlord shall have the right to use any means that temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord may deem proper will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours. Entry by Landlord shall not constitute constructive eviction, or entitle Tenant to open an abatement or reduction of Rent (except as expressly set forth in this Lease). Notwithstanding the doors foregoing, except in and emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts not to unreasonably interfere with the conduct of the business of Tenant in the Premises. Any entry into However, the Premises by Landlord in the manner hereinbefore described foregoing 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. No provision of this Lease shall be construed as obligating require Landlord to perform work after Normal Business Hours unless Tenant agrees to reimburse Landlord for the extra cost incurred in connection with such work which exceeds the cost for such work which would have been incurred had it been performed during Normal Business Hours. Notwithstanding anything to the contrary set forth in this Article XI, Tenant may designate certain areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord need not clean any repairsarea designated by Tenant as a Secured Area and shall only maintain or repair such Secured Areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building structure and/or the Building systems and equipment; (ii) as required by Law, alterations or decorations except as otherwise expressly agreed (iii) in response to be performed specific requests by Landlord herein. ARTICLE28Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval.

Appears in 1 contract

Samples: Office Lease Agreement (Inktomi Corp)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times (except as provided below) have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) the same, upon reasonable prior notice to Tenant, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchaserspurchasers or tenants, or upon reasonable prior notice to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease TermTenant, to prospective tenants; (iii) post notices of nonresponsibility (nonresponsibility, to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or any other portion of the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required ,* all without being deemed guilty of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants eviction of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performwithout abatement of rent. Landlord may make any may, in order to carry out such entries without the abatement of Rentpurposes, except as otherwise provided in this Lease, erect scaffolding and may take such reasonable steps as other necessary structures where reasonably required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts character of Landlord or Landlord Partiesthe work to be performed, provided that the business of Tenant shall be interfered with as little as reasonably practicable. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profitsTenaxx'x xusiness, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyin, upon and about the Premises. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes Tenaxx'x xaults and special security areas designated in advance by Tenantsafes. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, into the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premisesthereof, and any damages caused on account thereof shall be paid by Tenaxx. No Xx is understood and agreed that no provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed herein by Landlord. *(with reasonable prior notice to be performed by Landlord herein. ARTICLE28Tenant for non-routine repairs and maintenance)

Appears in 1 contract

Samples: Letter Agreement (Stac Inc)

ENTRY BY LANDLORD. Landlord reserves the right and its employees and agents shall at all reasonable times and upon not less than 24 hour following prior notice to Tenant (which notice, except in the case of an emergencyemergencies and except with respect to ordinary services to be provided by Landlord within the Premises, shall be no less than twenty-four (24) hours prior notice), have the right to enter the Premises to (i) inspect them; (ii) show the same, to exhibit the Premises to prospective purchasers, lenders or to current purchasers (or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) ), to post notices of nonresponsibility (non-responsibility, and/or to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises as contemplated by Section 11 2 In the event Tenant fails to perform its obligations under Section 11 1, all without being deemed guilty of or the Building, or liable for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein Landlord’s covenant of quiet enjoyment or any eviction of Tenant, and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesrent. In connection with any exercising such entryentry rights, Landlord shall use commercially reasonable efforts endeavor to minimize minimize, as reasonably practicable, the interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss and shall provide Tenant with reasonable advance written notice 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. such entry (except In an emergency, emergency situations) Landlord shall have the right to use any means that which Landlord may deem proper to open the Tenant’s doors in and an emergency in order to obtain entry to the Premises. Any such entry into (in accordance with the terms hereof) to the Premises obtained by Landlord in the manner hereinbefore described 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 actual or constructive 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 except, subject to the provisions of Sections 21.1 and 23, to the extent of Landlord’s gross negligence or willful misconduct Except for services (if any) required to be provided by Landlord to the Premises under this Lease and except in the case of emergencies, Landlord’s entry rights are conditioned upon a representative of Tenant (but only to the extent a representative is available) accompanying Landlord during any other entry into the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28

Appears in 1 contract

Samples: Imcor Pharmaceutical Co

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 equipment, provided any alterations, construction, or (v) perform services required repairs are completed expeditiously and provided Landlord uses commercially reasonable efforts to minimize interference with Tenant's use of Landlord hereunderthe Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this LeaseSection 19.5, above, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, (iii) repairs which are the obligation of Tenant hereunder, and (iv) the taking of possession of the Premises due to any breach of this Lease, any such entry, Landlord entry shall use commercially reasonable efforts be performed in a manner so as not to minimize interference unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business conducted in the Premiseshours if reasonably practical. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Torrey Pines Corporate Center (Cytori Therapeutics, Inc.)

ENTRY BY LANDLORD. Tenant shall permit Landlord reserves or its agents or representatives to enter into and upon any part of the right at Premises to inspect the same, or to show the Premises to prospective purchasers, mortgagees, tenants (during the last (12) twelve months of the Lease Term or earlier in connection with a potential relocation) or insurers, or to clean or make repairs, alterations, or additions thereto, including any work that Landlord deems reasonably necessary for the safety, protection or preservation of the Building or any occupants thereof, or to facilitate repairs, alterations or additions to the Building or any other tenant’s premises during all reasonable times (except for emergencies). Except for any entry by Landlord in an emergency situation or to provide normal cleaning and upon not less than 24 hour janitorial service. Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises, which notice may be given verbally to Tenant (an authorized employee of Tenant. In addition to the foregoing, with respect to the Laboratory Area only, except in the case of an emergency) , Tenant shall have the right to enter have a representative of Tenant accompany Landlord or the party entering such portion of the Premises by or on behalf of Landlord; provided, however, that Tenant’s failure to (i) inspect them; (ii) show provide such representative shall not prohibit or delay Landlord’s entry. Landlord shall have the right to temporarily close the Premises or the Building to prospective purchasersperform repairs, alterations or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair additions in the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, that Landlord shall use commercially reasonable efforts to perform all such work on weekends and after Normal Building Hours and to minimize interference with Tenant's use ’s operation of and its business conducted in the Premises. Except with respect Entry by Landlord hereunder shall not constitute a constructive eviction or entitle Tenant to personal injury any abatement or property damage reduction of Rent by reason thereof. Landlord agrees to not show the extent caused by Premises to any competitor of Tenant if such prospective tenant is not interested in leasing the gross negligence or intentional acts Premises but rather interested in viewing the Premises as a “model” of Landlord or Landlord Parties, 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 premises 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 use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Building.

Appears in 1 contract

Samples: Office Lease Agreement (Alfacell Corp)

ENTRY BY LANDLORD. 13.1 Landlord reserves and its agents shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises escorted by an employee or representative of Tenant, at all reasonable times, upon prior verbal notice to (i) inspect them; (ii) show Tenant as set forth below for the Premises to prospective purchasers, purpose of examining or to current or prospective mortgagees, ground or underlying lessors or insurers or, during inspecting the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 Premisessame, and any other loss occasioned thereby. For each services to be provided by Landlord to Tenant hereunder, to show the same to prospective bona fide purchasers, lenders, investors or tenants of the above purposesBuilding (collectively, “Prospect Visits”), and to make such alterations, repairs, improvements or additions, whether structural or otherwise, to the Premises or to the Building as Landlord may deem necessary or desirable. Tenant shall at all times have reasonably cooperate with Landlord to permit such access and provide an escort. Notices for entry shall be given to an officer or supervisor of Tenant, as set forth on a key with which written list delivered by Tenant to unlock all Landlord. Notwithstanding the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergencyabove, Landlord shall have the right (but not the obligation) to use any means enter unescorted and without notice for janitorial services (if not supplied by Tenant) or if Landlord reasonably believes that there exists an emergency. Landlord may deem proper enter by means of a master key without liability to open Tenant except for any failure to exercise due care for Tenant’s property and without affecting this Lease. Landlord shall use reasonable efforts to give Tenant not less than 48 hours prior notice of Prospect Visits and will coordinate such entry with Tenant so as to not interfere with any of Tenant’s film production including delaying or scheduling of such visits after business hours if reasonably requested by Xxxxxx. If such Prospect Visits exceed ten (10) per calendar year then Landlord will pay to Tenant for each additional visit during such calendar year a visitation fee equal to $50.00 per hour for each additional Prospect Visit during the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoapplicable calendar year, or a detainer of, the Premises, or an actual or constructive eviction prorata for any partial hour of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28visitation.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Ix Lp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last nine six (96) months of the Lease Term, to prospective tenantsTenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any reasonable time following reasonable notice to Tenant (except in the event of an emergency in which case no notice shall be required) to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry, Landlord entry shall use commercially reasonable efforts be performed in a manner so as not to minimize interference unreasonably interfere with Tenant's ’s use of the Premises and shall be performed after normal business conducted in the Premiseshours if reasonably practical. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Partiesas otherwise set forth in Section 19.4, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Nara Bancorp Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any time portion of the Building. Except in emergencies that threaten injury to (A) take possession due property or persons or to provide recurring Building services, Landlord shall provide Tenant with no less than 24 hours prior written notice of entry and shall use reasonable efforts to minimize any breach interference with Tenant’s use of this Lease the Premises. Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts to perform any entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in, or Tenant’s access to, the Premises, and if Landlord performs any work in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant failsPremises during Building Service Hours, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, then Landlord shall use commercially reasonable efforts to schedule such work to minimize interference with the operation of Tenant's use of and ’s business conducted in the Premises. Except with respect to personal injury in, or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord PartiesTenant’s access to, 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, provided that Tenant reasonably cooperates with Landlord’s scheduling efforts. Landlord acknowledges 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 use any means agrees that Tenant may require that Landlord may deem proper to open the doors in and to the Premises. Any be accompanied by an employee of Tenant during any such entry into the Premises by Landlord; provided, however, that in no event shall the unavailability of such escort at the time that Landlord in is permitted to enter the manner hereinbefore described shall not be deemed to be a forcible or unlawful Premises delay Landlord’s entry intointo the Premises as permitted hereunder. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord may temporarily close all or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord Premises to perform any repairs, alterations or decorations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as otherwise expressly agreed to be performed provided in this Lease, entry by Landlord herein. ARTICLE28shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Boingo Wireless Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour two (2) business days' prior notice (except no such prior notice shall be required in case of emergency) to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current the ground lessors; or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) to post notices of nonresponsibility nonresponsibility. Upon not less than three (3) business days' prior notice to Tenant (except no such prior notice shall be required in case of emergency), Landlord may enter the extent applicable pursuant Premises to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingBuildings if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunderBuildings. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to Tenant, in emergency situations and/or to perform other services required of Landlord pursuant to this Lease. In exercising any rights of entry to the Premises, Landlord shall make commercially reasonable efforts to not unreasonably interfere with or disrupt the normal operation of Tenant's business (A) take possession due to any breach of this Lease except in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants case of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performemergency). Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted Except as provided in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord PartiesSection 6.6 above, 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 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 by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Tenant Work Letter (Biotime Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than reasonable advance written notice (at least 24 hour prior notice hours), to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, the ground or underlying lessors or insurers lessors, or, during the last nine (9) 9 months of the Lease Term, to prospective tenants; (iii) to post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) provided the same does not have an adverse impact on Tenant’s use to enjoyment of the Premises, alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to Tenant (A) take possession due provided with respect to any breach emergency situations, notice of such entry shall be made promptly thereafter), in emergency situations and/or to perform janitorial required of Landlord pursuant to this Lease in the manner provided herein and Lease. Any such entries in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries this Section shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party (provided, the foregoing proviso shall not apply to loss of profits or other consequential damages). 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 ’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 by Landlord 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. No provision In connection with such accessing of this Lease the Premises, Landlord will comply with Tenant’s reasonable written security measures so long as such compliance does not materially impede or delay Landlord’s access to the Premises. Landlord shall be construed as obligating Landlord in all events use commercially reasonable efforts to perform minimize any repairsinterference with Tenant’s use and enjoyment of, alterations or decorations except as otherwise expressly agreed to be performed and access to, the Premises in connection with any exercise of rights by Landlord hereinunder this Section 22. ARTICLE28- 39 - 908728.01/SD 374622.00146/4-30-21/MLT/bp ActiveUS 186012966v.2

Appears in 1 contract

Samples: Lease (Dyne Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but only within the last 9 months with respect to prospective tenants), or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Except as otherwise provided in this Lease, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts willful misconduct of Landlord or any Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Kofax Image Products Inc)

ENTRY BY LANDLORD. Landlord reserves the right and shall at any and all reasonable times and upon not less than 24 hour at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) and during normal business hours (except in the case of an emergency) have the right to enter the Premises to (i) supply any service to be provided by Landlord to Tenant hereunder, to inspect them; (ii) the same, to show the Premises to prospective purchasers, lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers or, investors and during the last nine twelve (912) months of the Lease Term, Term or following a default by Tenant to prospective tenants; (iii) , to post notices of nonresponsibility (non-responsibility, to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or any other portion of the BuildingBuilding and/or the Project, as provided in Section 2.4 above, or for structural alterationsany other reasonable purpose, repairs 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 improvements inconvenience to or interference with Tenant’s business, for any loss of occupancy or quiet enjoyment of the Premises and for any other loss in, upon and about the Premises, the Building or the Building's systems and equipment Project on account of Landlord’s entry or (v) perform services required of Landlord hereunder. Notwithstanding anything work permitted by this Article 18 or by Section 2.4 above, except to the contrary contained extent caused by Landlord’s gross negligence or willful misconduct; provided, however, that in this Article 27, no event shall Landlord may enter be liable for consequential damages or lost profits. Without limiting the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entryforegoing, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to disruption or interference with to Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby’s business during such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes ’s vaults and special security areas designated in advance by Tenantsafes. In an emergency, Landlord shall have the right to use any and all means that Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, into the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premises. No provision of this Lease thereof, and any damages caused on account thereof shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed paid by Landlord herein. ARTICLE28Tenant.

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

ENTRY BY LANDLORD. Landlord (or Landlord's property manager) reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 equipment. Landlord (or (vLandlord's property manager) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord (or Landlord's property manager) may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Notwithstanding the foregoing, except with respect to Landlord's rights under clause (B) of this Article 27 above, Tenant desires to maintain the portion of the Premises located on the first (1st) floor of the Building (excluding the lobby area, corridors and staircase) as a secure area within the Premises (a "Secure Area"). The Secure Area is more particularly depicted on Exhibit A-4 attached hereto. Such Secure Area is subject to change in Tenant's reasonable discretion during the Term of this Lease upon no less than thirty (30) days prior written notice from Tenant to Landlord. Landlord shall have no right to access such Secure Area without a representative of Tenant present (which representative Tenant agrees to make reasonably available); provided, however, if access to such Secure Area is reasonably required in order for Landlord to perform any of its obligations under this Lease, and if after request by Landlord, Landlord is not timely provided with access to such Secure Area, then Landlord shall have no liability to Tenant for Landlord's failure to perform such obligations as a result thereof, and Tenant hereby waives all claims against Landlord at law or in equity as a result of such failure by Landlord. Additionally, notwithstanding anything in this Lease to the contrary, if access to such Secure Area is reasonably required in order for Landlord to perform any of its obligations under this Lease, and if any damage accrues during the period of time from the time of Landlord's request for access to such Secure Area to the time such access is granted by Tenant, then (a) Landlord shall have no liability to Tenant for any damage accrued during any such period, (b) Tenant hereby waives all claims against Landlord at law or in equity as a result thereof and (c) Tenant agrees to indemnify, defend, protect, and hold harmless the Landlord Parties from any and all claims, loss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys' fees) incurred in connection with or arising from Landlord's inability to access the Secure Area.

Appears in 1 contract

Samples: Office Lease (Collectors Universe Inc)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times times, and upon not less than 24 hour reasonable advance notice (provided that no advance notice need be given if an emergency necessitates an immediate entry or prior notice to Tenant (except in the case of an emergency) entry to provide routine janitorial services), enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserslenders, purchasers or to current or prospective mortgageestenants, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiid) post notices of nonresponsibility nonresponsibility, and (to the extent applicable pursuant to then applicable law); or (ive) alter, improve or repair the Premises or any other portion of the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesReal Property. In connection with any such entryalteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry 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 commercially reasonable good faith efforts to minimize cause all such work to be done in such a manner as to cause as little interference with Tenant's use of and business conducted in the Premisesto Tenant as reasonably possible. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 retain a key with which to unlock all of the doors in the Premises, excluding except Tenant's vaults, safes vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premisesthereof. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE2826

Appears in 1 contract

Samples: Norcal Waste Systems Inc

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ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior twenty-four (24) hours notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises Premises, the premises of other tenants in the Building, or the Building, or for structural alterations, repairs repairs, additions or improvements to the Building or the Building's ’s systems and equipment or equipment. Tenant may have a representative of Tenant accompany Landlord during its entries (vother than regularly scheduled entries made for the provision of janitorial services, etc.) perform services required provided that such representative is made available at the time of Landlord hereundersuch entry and does not interfere with Landlord’s entry onto the Premises in accordance with the terms of this Article 27. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Sirna Therapeutics Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all After reasonable times and upon not less than 24 hour prior notice from Landlord to Tenant (except unless in the case event of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises premises at any time reasonable hours (which shall be deemed to include all normal business hours) to (Aa) inspect the same, (b) exhibit the same to prospective purchasers, lenders, insurer or tenants, (c) determine whether Tenant is complying with all its obligations hereunder, (d) supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, (e) post notices of nonresponsibility, (f) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and herein, (Bg) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make , and (h) repair, alter or improve the Premises or any such entries without portion of the abatement of RentBuilding, except whether pursuant to Section 40 hereof or as otherwise provided in this Leasefor herein, and may take for such reasonable steps purposes erect, use and maintain scaffolding, pipes, conduits and other structures in and through the Premises where reasonably required by the nature of the work to be performed; provided, however, that all such work shall be done as required promptly as reasonably possible and so as to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize cause as little interference with Tenant's use the operation of Xxxxxx’s business as reasonably possible. There shall be no abatement of any Rent by reason of Landlord’s entry of the Premises pursuant to this Section 17 and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages, including but not limited to interference with business, lost profits, and any other incidental or consequential damages or of any sort whatsoever, for any injuries injury or inconvenience to or interference with Tenant's Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, or about the Premises, Premises (excluding Tenant's ’s vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry intointo or detainer of the Premises or an eviction, actual or a detainer ofconstructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisesthereof. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations alterations, or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Intersearch Group Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times during normal business hours, when accompanied by a representative of Tenant and upon not no less than 24 hour forty-eight (48) hours prior notice to Tenant (except in the case of an emergency) "Emergency," as that term is defined hereinbelow), and in compliance with Tenant's reasonable security measures and any applicable FDA rules and regulations, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers mortgagees or, during the last nine (9) months of the Lease Term, tenants, or to current or -58- prospective tenantsmortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 or (v) perform services required of Landlord hereunderStructure. Notwithstanding anything to the contrary contained in this Article ARTICLE 27, Landlord may enter the Premises at any time to (A) perform services expressly required of Landlord pursuant to the TCCs of this Lease; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) during normal business hours, when accompanied by a representative of Tenant and upon forty-eight (48) hours prior notice, perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise provided expressly set forth in this Lease, Lease to the contrary) and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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, except with respect to damage to Tenant's personal property or the amount of any physical injury, but only to the extent caused by the gross negligence or willful misconduct of Landlord. 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 TenantTenant (the "SECURITY AREAS"). Notwithstanding anything set forth in this ARTICLE 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an Emergency where such entry is reasonably required. In an emergencyEmergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant's immediate cooperation in connection therewith. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28For purposes of this Lease, and "EMERGENCY" shall mean a situation which entails imminent material danger or damage to persons or to property.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Vical Inc)

ENTRY BY LANDLORD. Upon at least one (1) business day's notice, ----------------- Tenant agrees to permit Landlord reserves and authorized representatives of Landlord to enter upon the right Demised Premises at all reasonable times during ordinary business hours (or at other times, and upon such notice as is reasonable under the circumstances, in bona fide emergency situations) for the purpose of inspecting the same and making any necessary repairs to comply with any laws, ordinances, rules, regulations or requirements of any public body, or the Board of Fire Underwriters, or any similar body. Nothing herein contained shall imply any duty upon the part of Landlord to 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 less than 24 hour prior notice constitute a waiver of Tenant's default in failing to perform the same. Landlord agrees to use reasonable good faith efforts to minimize any interference or disruption of Tenant's use of the Demised Premises. However, Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage to Tenant (except by reason of making repairs or the performance of any work in or about the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasersDemised Premises, or to current on account of bringing material, supplies and equipment into, upon or prospective mortgagees, ground or underlying lessors or insurers or, through the Demised Premises during the last nine (9) months course thereof, and the obligations of the Tenant under this Lease Termshall not be thereby affected in any manner whatsoever, to prospective tenants; (iii) post notices of nonresponsibility (except that Rent shall equitably xxxxx to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Buildingthat Landlord's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference activities materially interfere with Tenant's use of and business conducted in such portion of the Demised Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts Tenant may require that a representative of Tenant accompany Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any its agents on their entry into the Demised Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible under this Section 22.1 or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the PremisesSection 22.2. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28------------ ------------

Appears in 1 contract

Samples: Lease (Wells Real Estate Investment Trust Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour forty-eight (48) hours prior written notice to Tenant (except in the case of an emergency, in which case prior notice shall not be required) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageestenants (for tenants, ground or underlying lessors or insurers or, only during the last nine six (96) months of the Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) to post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to Tenant, (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and emergency situations and/or (B) to perform any covenants janitorial or other recurring services required of Tenant which Tenant fails, after notice and a reasonable opportunity Landlord pursuant to cure, to performthis Lease. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for emergencies, Landlord shall use commercially reasonable efforts to perform any such entryentry in an expeditious manner so as to minimize interference with Tenant’s use of the Premises. Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Article 22 with Tenant (except entries under items (A) and (B) set forth above, and/or in the event of emergency) so that Tenant, at Tenant’s option, may provide a representative to accompany Landlord (but Landlord shall not have any obligation to wait for such Tenant representative to the extent the same is not reasonably available). Even in an emergency situation, Landlord shall use commercially reasonable efforts to minimize interference with disruption to Tenant's use of and ’s business conducted operations. Except as otherwise provided in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord PartiesLease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’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; provided, however, that Landlord shall, subject to Section 10.1 of this Lease and to the extent that such damage is not covered by insurance required to be carried by Tenant under this Lease or caused by any governmental agencies, repair any damage to the Premises caused by any such emergency entry into the Premises by Landlord. Any entry into the Premises by Landlord 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. No provision In addition, notwithstanding anything to the contrary set forth in this Article 22, Tenant may designate certain areas of this Lease the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property. In connection with the foregoing, Landlord shall be construed not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as obligating Landlord a Secured Area and shall only maintain or repair such Secured Area to perform any repairsthe extent (i) such repair or maintenance is required in order to maintain and repair the Building; (ii) required by Applicable Laws, alterations or decorations except as otherwise expressly agreed (iii) in response to be performed specific requests by Landlord herein. ARTICLE28Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlords’ reasonable approval.

Appears in 1 contract

Samples: Office Lease (Legalzoom Com Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior forty-eight (48) hours’ notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective investors, purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective or tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach Default of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after fails to perform following applicable notice and a cure periods. Landlord shall use commercially reasonable opportunity efforts to cureminimize interference with the conduct of Tenant’s business in connection with such entries into the Premises. Landlord shall use good faith efforts to ensure that the performance of any such work of repairs or alterations shall not materially interfere with Tenant’s use of the Premises (or any portion thereof) for Tenant’s business purposes (Landlord’s efforts in such regard will include, where reasonably possible, limiting the performance of any such work which might be disruptive to performweekends or the evening and the cleaning of any work area prior to the commencement of the next business day). Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise provided specifically set forth in Section 19.5.2 of this Lease, ) and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Any entry into the Premises by Landlord 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. With respect to any entry onto the Premises made by Landlord in accordance with the terms of this Section 27.1, Tenant shall have the right to have a representative of Tenant accompany Landlord within the Premises, provided that such representative is made available at the time of Landlord’s entrance onto the Premises, and provided that such representative does not unreasonably interfere with Landlord. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (FIGS, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and during normal business hours, upon not no less than 24 hour twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) ), and in compliance with Tenant’s reasonable security measures, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine six (96) months of the Lease Term, to tenants, or prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any a breach of this Lease as provided in the manner provided herein and in compliance with Applicable LawsArticle 19; and (BC) during normal business hours, upon forty-eight (48) hours prior notice, perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entryentry into the Premises, Landlord shall use commercially agrees to make reasonable efforts to minimize interference with Tenant's use of and business conducted ’s operations in the Premises. Except with respect to personal injury or property damage to the extent Premises caused by such entry and to minimize the gross negligence or intentional acts duration of Landlord or Landlord Parties, any such interference. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except with respect to damage to Tenant’s personal property or the amount of any physical injury, but only to the extent such damage is caused by the negligent acts or omissions or willful misconduct of Landlord, its agents, employees and contractors, and in such event, only the extent not covered by Tenant’s insurance required to be carried hereunder. For each of the above purposes, Landlord shall at all times have a key or card key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by TenantTenant (the “Security Areas”). Notwithstanding anything set forth in this Article 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an emergency where such entry is reasonably required. In an emergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant’s immediate cooperation in connection therewith. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (3com Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; provided, however, that no such third parties described in this subparagraph shall be permitted to access any areas where Tenant is conducting in good faith business of a materially confidential or otherwise materially sensitive nature, unless such parties execute a commercially reasonable confidentiality agreement prior to such entry; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 equipment; or (v) access or perform services required of Landlord hereunderwork in any and all areas surrounding the Building, including, without limitation, the East Channel located behind the Building. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) intentionally omitted; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with Tenant hereby waives any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage claims for damages for any injuries (except to the extent caused by the gross negligence or intentional acts willful misconduct of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries Landlord) 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 use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Lease (Bloom Energy Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour reasonable prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise expressly provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for emergencies, any such entry, Landlord entry shall use commercially reasonable efforts be performed in a manner so as not to minimize interference unreasonably interfere with Tenant's use of and the Premises or ability to conduct business conducted in the Premisestherein. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Partiesas otherwise set forth in Section 19.5, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate certain limited areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such Secured Areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28For purposes of this Article, an emergency situation is one that poses a threat of imminent bodily harm or property damage. If Landlord makes an emergency entry onto the Premises when no authorized representative of Tenant is present, Landlord shall use commercially reasonable efforts to provide telephone notice to Tenant as soon as reasonably possible within twenty-four (24) hours after that entry and shall take reasonable steps to secure the Premises until a representative of Tenant arrives at the Premises.

Appears in 1 contract

Samples: Office Lease (8x8 Inc /De/)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour at least twenty-four (24) hours’ prior notice to Tenant (except provided that no such notice shall be required in the case event of an emergencyemergency or to provide regularly scheduled services) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageesground lessors, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease TermTerm (as may be extended), to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building Building, or the Building's systems and equipment as Landlord may otherwise reasonably desire or (v) perform services required of Landlord hereunderdeem necessary. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to (A) take possession due Tenant, in emergency situations and/or to any breach perform janitorial and other services required of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performLandlord. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize cause as little interference with Tenant's use of and business conducted in the Premisesto Tenant as reasonably possible. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 therebyby Landlord's entry into the Premises. 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 use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Sierra Oncology, Inc.)

ENTRY BY LANDLORD. Landlord reserves may enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant (hours and, except in the case event of an emergency) to enter the Premises , on reasonable prior notice, to (ia) inspect themthe Premises; (iib) show exhibit the Premises to prospective purchasers, lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiic) determine whether Tenant is complying with all obligations under this Lease; (d) supply janitorial service and any other services to be provided by Landlord under this Lease; (e) post notices of nonresponsibility nonresponsibility; and (f) make repairs or perform maintenance required of Landlord by this Lease, make repairs to the extent applicable pursuant to then applicable law); any adjoining space or (iv) alter, improve or repair the Premises or the Buildingutility services, or for structural make repairs, alterations, repairs or improvements to any other portion of the Building or the BuildingComplex. However, all this work shall be done as promptly as reasonably possible and cause as little interference to Tenant as reasonably possible. Subject to Landlord's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease undertakings in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Partiesprevious sentence, Tenant hereby waives any damage claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any business or loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises caused by Landlord's entry. For each of the above purposes, At all times Landlord shall at all times have a key with which to unlock all the doors in on the Premises, excluding Tenant's vaults, safes safes, and special security similar areas designated as secure areas in advance writing by TenantTenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord may deem deems proper to open the Tenant's doors in and to enter the Premises. Any entry into Entry to the Premises by Landlord in the manner hereinbefore described an emergency shall not be deemed to be construed as a forcible or unlawful entry intoentry, or a detainer of, the Premisesdetainer, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Tenant.

Appears in 1 contract

Samples: Work Letter Agreement (Salon Internet Inc)

ENTRY BY LANDLORD. 19.1 Landlord reserves and its designees may enter the right Demised Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (ia) inspect them; the Demised Premises (iib) show exhibit the Demised Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, purchasers and lenders and during the last nine (9) months of the Lease Term, to prospective tenants; , (iiic) post notices determine whether Tenant is complying with all of nonresponsibility its obligations hereunder, (d) supply janitor service and any other services to be provided by Landlord to Tenant hereunder, and (e) make repairs required of Landlord under the extent applicable pursuant terms hereof or repairs to then applicable law); any adjoining space or (iv) alterutility services or make repairs, improve or repair the Premises or the Building, or for structural alterations, repairs alterations or improvements to the Building or any other portion of the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27; provided, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant failshowever, after notice and a reasonable opportunity to cure, to perform. Landlord may make any that all such entries without the abatement of Rent, except work shall be done as otherwise provided in this Lease, and may take such reasonable steps promptly as required to accomplish the stated purposesreasonably possible. In connection with any such entry, Landlord shall use its commercially reasonable efforts not to minimize interference interfere with Tenant's use of and business conducted operations in the PremisesDemised Premises and minimize any such interference and, except in an Emergency (as hereinafter defined), to only enter the executive offices and other areas containing confidential information with the Demised Premises with the prior consent of Tenant. Except with respect pursuant to personal injury (d) above and in an emergency, an event requiring immediate action, e.g., danger to health, life or property damage to property, fire water seepage, sewer backup or cessation or interruption of any facility servicing the extent caused by like, (an "Emergency"), Landlord shall give Tenant reasonable prior notice (which need not be in writing) of entering into the gross negligence or intentional acts of Landlord or Landlord Parties, Demised Premises and Tenant may accompany Landlord. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Demised Premises or any other loss occasioned therebyby such entry during an Emergency. For each In the event of the above purposesan Emergency, Landlord shall at all times have a key with which give reasonable notice under the circumstances prior to unlock all entering the doors in the Demised Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Lease (Covisint Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than at least 24 hour hours prior written notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may reasonably deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Notwithstanding anything to the contrary contained herein, in any entry by Landlord pursuant to this Article 27, other than in cases of emergency as described hereof, Landlord shall use reasonable efforts to minimize disruption of Tenant’s business.

Appears in 1 contract

Samples: Office Lease (Cision Ltd.)

ENTRY BY LANDLORD. Subject to the provisions of this Lease, and provided Landlord uses commercially reasonable efforts to minimize any interference with Tenant's business, Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to the Tenant (except or in the case of an emergencyemergency upon such notice as is reasonable under the circumstances) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageestenants, ground or underlying lessors or insurers or, during the last nine (9provided that such right shall not extend to prospective tenants until twelve (12) months of prior to the Lease Term, to prospective tenantsExpiration Date); (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with Laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunderMaintenance Items. Notwithstanding anything to the contrary contained in this Article 27, and subject to the notice requirements set forth in Section 19.1.2, above, and Landlord's compliance with the terms of Section 26.1, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except Except as otherwise expressly provided in this Lease, any such entries shall be without the abatement of Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims (not including claims for physical property damages (subject to Section 10.4 hereof) or personal injury damages) for any injuries or inconvenience to or interference with Tenant's business, business or 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 use any means that Landlord may deem in good xxxxx xxxx proper to open the doors in and to the Premises. Any Subject to the provisions of this Lease, any entry into the Premises by Landlord 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. No Notwithstanding the foregoing, as reasonably necessary in connection with Tenant's business use of the Premises, Tenant may designate certain secure areas, and on prior written notice to Landlord of these areas, Tenant may deny Landlord access to such areas except in an emergency or when Landlord is accompanied by Tenant. Subject to the provisions of this Lease, no provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Investment Trust Inc)

ENTRY BY LANDLORD. Upon at least one (1) business day's notice, ----------------- Tenant agrees to permit Landlord reserves and authorized representatives of Landlord to enter upon the right Demised Premises at all reasonable times during ordinary business hours (or at other times, and upon not less than 24 hour prior such notice as is reasonable under the circumstances, in bona fide emergency situations) for the purpose of inspecting the same and making any necessary repairs to Tenant (except in the case comply with any laws, ordinances, rules, regulations or requirements of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasersany public body, or the Board of Fire Underwriters, or any similar body. Nothing herein contained shall imply any duty upon the part of Landlord to current or prospective mortgageesdo any such work which, ground or underlying lessors or insurers orunder any provision of this Lease Agreement, 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 last nine (9) months progress of any work, keep and store upon the Lease TermDemised Premises all necessary materials, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 tools and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performequipment. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such agrees to use reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable good faith efforts to minimize any interference with or disruption of Tenant's use of and business conducted in the Demised Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 purposesHowever, Landlord shall at all times have a key with which not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage to unlock all Tenant by reason of making repairs or the doors performance of any work in or about the Demised Premises, excluding Tenant's vaultsor on account of bringing material, safes supplies and special security areas designated in advance by Tenant. In an emergencyequipment into, Landlord shall have upon or through the right to use any means that Landlord may deem proper to open Demised Premises during the doors in course thereof, and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described obligations of Tenant under this Lease Agreement 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 thereby affected in any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28manner whatsoever.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior at least one (1) business day notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 equipment. Tenant shall be entitled to have an employee or representative of Tenant accompany the person(s) entering the Premises on behalf of Landlord, provided that Tenant makes such person available at the time Landlord or such other party reasonably desires to enter the Premises, upon at least one (v1) perform services required business day notice to Tenant; and further provided that if Tenant does not make an employee or representative available and if Landlord elects not to proceed with such entry, then Landlord shall not be deemed to be in breach of Landlord hereunderany obligations under this Lease the performance of which would require Landlord's entry into the Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Wageworks, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and at reasonable hours to: (Aa) take possession due Inspect the Premises; (b) Exhibit the Premises to any breach prospective purchasers, lenders, or tenants; (c) Determine whether Tenant is complying with all its obligations in this Lease; (d) Supply services to be provided by Landlord to Tenant according to this Lease; (e) Post written notices of nonresponsibility or similar notices; or (f) Make repairs required of Landlord under the terms of this Lease in or make repairs to any adjoining space or utility services or make repairs, alterations, or improvements to any other portion of the manner provided herein Building; however, all such work will be done as promptly as reasonably possible and in compliance with Applicable Laws; and (B) perform any covenants of so as to cause as little interference to Tenant which Tenant failsas reasonably possible. Tenant, after notice and a reasonable opportunity to cureby this Article 20, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim against Landlord, its agents, employees, or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned therebyby any entry in accordance with this Article 20, except to the extent of damage caused by Landlord's intentional acts. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant's vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises, provided that Landlord will promptly repair any damages caused by any forced entry. Any entry into to the Premises by Landlord in the manner hereinbefore described shall accordance with this Article 20 will not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Monthly Rent, Additional Rent, or other charges that this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28pay.

Appears in 1 contract

Samples: Office Lease (Vanguard Airlines Inc \De\)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect themthem during normal business hours; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27Section 19.13, Landlord may enter the Premises at any time to (A) take possession due to any breach perform services required of this Lease in the manner provided herein and in compliance with Applicable LawsLandlord during normal business hours (except for janitorial service which shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize cause as little interference with Tenant's use of and business conducted in the Premisesto Tenant as reasonably possible. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision Tenant may, subject to Landlord’s prior approval, designate certain areas of this Lease the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may only enter such Secured Areas upon two (2) business days’ notice to Tenant which notice shall be construed as obligating specify the date and time of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to perform Tenant in the event of an emergency, in which case Landlord shall provide Tenant with notice of such entry promptly thereafter. Tenant acknowledges that Landlord shall have no obligation to provide janitorial service to any repairs, alterations or decorations such Secured Areas except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28the extent Tenant authorizes and permits access thereto for such purposes.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (and, except in the case of an emergency, upon reasonable notice to Tenant (which need not be in writing) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 2728, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, fails to perform (after applicable notice and a reasonable opportunity to cure, to performcure periods). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business’s business and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by (a) the negligence of Landlord or any Landlord Parties and not covered by (i.e., exceeding the coverage limits) the insurance required to be carried by Tenant hereunder (provided that, if covered by the insurance required to be carried by Tenant hereunder, then Landlord shall pay a portion of any commercially reasonable deductible in connection therewith equal to the portion of such injury or damage that arises from the negligence of Landlord or any Landlord Parties), or (b) the willful misconduct of Landlord or any Landlord Parties. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises in connection with such entries. In connection with Landlord’s entry into 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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Notwithstanding any provision of this Lease to the contrary, Landlord agrees that, subject to Tenant’s compliance with its obligations pursuant to this Article 28 below, Landlord shall follow Tenant’s commercially reasonable security requirements in connection with any entry by Landlord into the Premises. If Tenant requires that all persons entering the Premises shall be attended by a representative of Tenant, Tenant shall make a representative available upon 24 hours’ prior telephone notice by Landlord. In the event of an emergency, however, Landlord shall use good faith efforts to follow Tenant’s security requirements, but Landlord will be required to give only such notice that it in good faith believes is feasible under the circumstances and need not wait to be accompanied by Tenant or its employees or representatives (although these parties may still accompany Landlord if they are available and wish to do so).

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times subject to Tenant’s reasonable security requirements and upon not less than 24 hour at least forty-eight (48) hours prior written notice (except no prior notice to Tenant (except shall be required in the case of an emergency, but notice shall be provided as soon as reasonably possible thereafter as indicated in Section 27(b) below) to the Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but as to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants only during the last nine (9) months of the Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment ; or (v) perform services required install, use, maintain, repair, repair or relocate any pipes, ducts, conduits, wires, utility lines, shafts and other facilities under, over or through the Premises in locations that will not materially interfere with Tenant’s use of Landlord hereunderthe Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord hereunder, (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and Premises following a default hereunder, or (BC) perform any covenants of Tenant which Tenant fails, fails to perform after notice and a reasonable opportunity to cure, to performexpiration of the applicable cure period. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except in connection with any damage to Tenant’s personal property, furniture and equipment caused by Landlord’s (or another tenant’s) entry into the Premises for the purpose of performing tenant improvement work to another tenant’s premises, in which case Landlord shall be responsible for all damage caused to Tenant’s personal property, furniture and equipment and the provisions of Section 10.5 shall not apply to such damage. 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 ’s clean room (if any) and any other special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No In connection with any entry by Landlord pursuant to this Article 27 (other than pursuant to clause (B) above) or any other provision of this Lease Lease, (a) Landlord shall use reasonable efforts to minimize any interference with Tenant’s use and enjoyment of the Premises, (b) Landlord shall give notice to Tenant as soon as reasonably possible if Landlord enters the Premises in connection with an emergency, (c) except in cases of an emergency, Landlord shall not be construed as obligating authorized to enter Tenant’s clean room (if any) within the Premises or other areas designated by Tenant in advance, in writing, (d) Landlord shall comply with all reasonable requirements of Tenant in connection with any entry onto the Premises, including having all of Landlord’s representatives and other parties wear gowns provided by Tenant and any other necessary safety equipment provided by Tenant and complying with other reasonable safety measures required by Tenant. In addition, provided that such representatives are then available, Tenant shall have the right to require Landlord and any other parties entering the Premises to be escorted and supervised by a representative of Tenant. Notwithstanding anything contained herein or elsewhere in this Lease, in the event that Landlord or another tenant in the Building needs to access the Premises in order to perform tenant improvement work or alterations, Landlord will cause any repairssuch entry to be scheduled with Tenant in advance, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28in a manner so as to minimize or eliminate interference with Tenant’s business in the Premises and to protect Tenant’s proprietary information and work product.

Appears in 1 contract

Samples: Lease (Genomatica Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, contractors and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to representatives may enter the Premises to (i) inspect them; (ii) or show the Premises to prospective purchaserspurchasers or tenants, mortgagees, encumbrancers or to current or others (as to prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last nine twelve (912) months of the Lease Term), to prospective tenants; (iii) post notices of nonresponsibility (clean and make repairs, alterations or additions to the extent applicable pursuant Premises, and to then applicable law); conduct or (iv) alterfacilitate repairs, improve alterations or repair the Premises or additions to any portion of the Building, or for structural alterationsIncluding other tenants' premises, repairs or improvements and to inspect and repair the Building or the Building's systems and equipment or Equipment (vas defined herein) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27and, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease as permitted in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Equipment Lease, and may take such reasonable steps as required to accomplish remove the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in Equipment from the Premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord shall provide Tenant with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts reasonable prior notice of Landlord or Landlord Parties, 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 entry into the Premises, which may be given orally. If reasonably necessary for the protection and any other loss occasioned thereby. For each safety 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 Tenant and special security areas designated in advance by Tenant. In an emergencyits employees, Landlord shall have the right to use any means that temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord may deem proper will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours. Entry by Landlord shall not constitute constructive eviction or, except as expressly provided in this Article XI, entitle Tenant to open an abatement or reduction of Rent. Notwithstanding the doors foregoing, except in and emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts not to unreasonably interfere with the conduct of the business of Tenant in the Premises. Any entry into However, the foregoing shall not require Landlord to perform work after Normal Business Hours unless Tenant agrees to reimburse Landlord for the extra cost incurred in connection with such work which exceeds the cost for such work which would have been incurred had it been performed during Normal Business Hours. Notwithstanding the foregoing, if Landlord temporarily closes the Premises by Landlord as provided above for a period in excess of 4 consecutive days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the manner hereinbefore described period beginning on the 6th consecutive day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be deemed entitled to be a forcible or unlawful entry into, or a detainer of, an abatement if the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Landlord herein. ARTICLE28Tenant in its maintenance and repair obligations under the Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Ziprealty Inc)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times times, and upon not less than 24 hour reasonable advance notice (provided that no advance notice need be given if an emergency necessitates an immediate entry or prior notice to Tenant (except in the case of an emergency) entry to provide routine janitorial services), enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserslenders, purchasers or to current or prospective mortgageestenants, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiid) post notices of nonresponsibility nonresponsibility, and (to the extent applicable pursuant to then applicable law); or (ive) alter, improve or repair the Premises or any other portion of the Building, or for structural alterations, repairs or improvements to the Building Real Property or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesOffice Park. In connection with any such entryalteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property or the Office Park scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry 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 commercially reasonable good faith efforts to minimize cause all such work to be done in such a manner as to cause as little interference with Tenant's use of and business conducted in the Premisesto Tenant as reasonably possible without incurring additional expense. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 retain a key with which to unlock all of the doors in the Premises, excluding except Tenant's vaults, safes vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28thereof.

Appears in 1 contract

Samples: Office Lease (Lionbridge Technologies Inc /De/)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but as to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last nine twelve (912) months of the initial Lease Term or of any Extension Term), or to prospective tenantsthe ground or underlying lessors; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or Building. Tenant shall be offered an opportunity to accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant's security procedures in connection with such entry (except that these restrictions shall not apply in the Building's systems and equipment or (v) perform services required case of Landlord hereunderan emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except Rent so long as otherwise provided in this LeaseTenant can continue to occupy and use any affected portion of the Premises for the same business purposes as Tenant had been using such affected portion prior to Landlord's entry, and Landlord may take such reasonable steps as required to accomplish the stated purposes. In connection with , provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize interference not materially and adversely interfere with Tenant's use of and normal business conducted in the Premisesfunctions. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 therebythereby except any claims arising out of Landlord's gross negligence or willful misconduct. 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 from time to time in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Lease Option Agreement (Peregrine Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than reasonable notice (of at least 24 hour prior notice hours) to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform typical services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. In connection with the foregoing entries, Landlord shall use commercially reasonable efforts to avoid Tenant’s normal business hours. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (ZS Pharma, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all Landlord, and its duly authorized representatives, shall, upon reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) , where no such notice shall be required), have the right to enter the Premises at all reasonable times (at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (i) inspect them; (ii) but Landlord shall have no duty whatsoever to make any such inspections, repairs, alterations, additions or improvements except as otherwise provided in Sections 4.4, 7.1 and 7.2 and Exhibit B), and to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last nine twenty-four (924) months preceding expiration of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach term of this Lease as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective purchasers and mortgagees. If Landlord’s access to the Premises for any purposes permitted under this Lease requires Landlord to access or work in any controlled or restricted areas within the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant failsPremises, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rentthen, except as otherwise provided in this Leasecase of emergency, Landlord must be accompanied by a Tenant representative (Tenant hereby agreeing to make a representative available during mutually convenient times for such purposes). To the extent possible under the circumstances, Landlord shall schedule non-emergency access to and may take such reasonable steps as required to accomplish repairs and maintenance within the stated purposesPremises outside of normal business hours. In connection with all repairs and maintenance performed by Landlord within the Premises pursuant to this Section 16.19, Landlord shall use commercially reasonable efforts to assure the safety of all persons affected thereby. In the event Tenant sends a notice alleging an emergency with respect to the existence of a dangerous or unsafe condition, any requirements for prior notice or limitations on Landlord’s access to the Premises contained in this Lease shall be deemed waived by Tenant so that Landlord may immediately exercise its rights under this Section 16.19 and Section 16.17 in such entrymanner as Landlord deems necessary in its sole discretion to remedy such dangerous or unsafe condition. Except in the event of an emergency, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's Xxxxxx’s operations and use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 Premises in connection with the exercise of any other loss occasioned thereby. For each of the above purposesforegoing rights under this Section 16.19, consistent with the nature of the activities being undertaken by Landlord hereunder. Landlord shall at comply with all times have a key Legal Requirements in connection 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 use exercise of any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28foregoing rights.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)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 or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Forge Global Holdings, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right and its employees and agents shall at all reasonable times and upon not less than with reasonable advance written notice (which shall be at least 24 hour prior notice to hours), and in the presence of Tenant (or Tenant's representatives except in the case of an emergency"EMERGENCY", which for purposes of this Lease means situations in which there is an imminent threat to persons and/or property within the Building) have the right to enter the Premises to (i) inspect them; (ii) show the same, to exhibit the Premises to prospective lenders, purchasers, or and tenants, and to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (non-responsibility, and/or to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises as contemplated by Section 12.3, all without being deemed guilty of or the Building, or liable for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein Landlord's covenant of quiet enjoyment or any eviction of Tenant, and in compliance with Applicable Laws; and (B) perform any covenants without abatement of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performrent. Landlord may make any shall exercise its rights under this Section in such entries without the abatement of Rent, except a manner as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with imposition on Tenant's business, lost profitsand shall provide Tenant with reasonable advance written notice of such entry, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyexcept in an Emergency. 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 use any means that means, which Landlord may deem proper reasonably proper, to open the Tenant's doors in and an Emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described an Emergency 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 actual or constructive 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 an account of any such entry by Landlord except subject to the Premises. No provision provisions of this Lease Sections 32.7 and 24 to the extent of Landlord's negligence or willful misconduct in which case Landlord's liability (if any) shall be construed as obligating Landlord limited to perform any repairs, alterations the extent such damages or decorations except as otherwise expressly agreed losses are not covered by insurance carried by Tenant or required to be performed carried by Landlord herein. ARTICLE28Tenant hereunder.

Appears in 1 contract

Samples: Lease (Ufp Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but as to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last nine twelve (912) months of the initial Lease Term or of any Extension Term), or to prospective tenantsthe ground or underlying lessors; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or Building. Tenant shall be offered an opportunity to accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant's security procedures in connection with such entry (except that these restrictions shall not apply in the Building's systems and equipment or (v) perform services required case of Landlord hereunderan emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except Rent so long as otherwise provided in this LeaseTenant can continue to occupy and use any affected portion of the Premises for the same business purposes as Tenant had been using such affected portion prior to Landlord's entry, and Landlord may take such reasonable steps as required to accomplish the stated purposes. In connection with , provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize interference not materially and adversely interfere with Tenant's use of and normal business conducted in the Premisesfunctions. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 therebythereby except any claims arising out of Landlord's gross negligence or willful misconduct. 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 from time to time in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (Peregrine Systems Inc)

ENTRY BY LANDLORD. 15.01. Tenant will permit Landlord reserves and Landlord's agents to enter the right at all Premises upon reasonable times and upon not less than 24 hour prior notice to Tenant (notice, except in the case of an emergency) emergency in which case the requirement of notice shall not apply, at all reasonable times for the purpose of inspecting the same, or for the purpose of maintaining the Project, or for the purpose of making repairs, alterations or additions to enter any portion of the Premises to (i) inspect them; (ii) show Project, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, or for the purpose of posting notices of nonresponsibility for alterations, additions or repairs, or for the purpose of showing the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last nine (9) six months of the Lease Term, or placing upon the Project any usual or ordinary "for sale" signs, without any rebate of rents and without any liability to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or Tenant for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 occupation or quiet enjoyment of the PremisesPremises thereby occasioned. Tenant will permit Landlord at any time within sixty (60) days prior to the expiration of this Lease, and to place upon the Premises any other loss occasioned therebyusual or ordinary "to let" or "to lease" signs. For each Tenant will not install a new or additional lock or any bolt on any door of the above purposesPremises without the prior written consent of Landlord, which will not be unreasonably withheld. If Landlord gives its consent, such work shall be undertaken by a locksmith approved by Landlord, 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 Tenantsole cost. In an emergency, Landlord shall have retains the right to use charge Tenant for restoring any means that Landlord may deem proper altered doors to open the doors in and their condition prior to the Premisesinstallation of the new or additional locks. Any Landlord's entry into onto the Premises by Landlord in the manner hereinbefore described pursuant to this Section 15.01 shall not be deemed to be a forcible unreasonably interfere with Tenant's Permitted Use or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion occupancy of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Brightpoint Inc

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgageesLandlord Mortgagees, ground or underlying lessors or insurers orinsurers, or during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or extent contemplated by the Building's systems and equipment or (v) perform services required TCCs of Landlord hereunderthis Lease, if any. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease beyond any applicable notice and cure period in the manner provided herein and in compliance with Applicable Lawsherein; and (B) in accordance with Article 26 above, perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entryentry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to minimize interference not materially interfere with Tenant's use of and business conducted in of, or access to, the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts as otherwise set forth in Section 19.6 of Landlord or Landlord Partiesthis 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding any provision to the contrary set forth in this Article 27, Tenant may designate certain areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord shall only maintain or repair such Secured Areas to the extent (i) required by Applicable Law, or (ii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Cayman L.P.)

ENTRY BY LANDLORD. Subject to the terms of Section 23.2 below, Landlord reserves the right at all reasonable times and upon not less than 24 hour prior at least 48 hours’ advance written notice to Tenant (except no such notice shall be required in the case of an emergencyemergencies) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, or ground or underlying lessors or insurers orand, during the last nine (9) months year of the Lease Term, to prospective tenants; (iii) post reasonable and customary notices of nonresponsibility (with respect to the extent applicable pursuant to then applicable law)Xxxxxx’s works of improvement; or and/or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) which Landlord is required to perform services required of Landlord hereunderunder this Lease. Notwithstanding anything to the contrary contained in this Article 2723, but subject to Section 23.2 below, Landlord may enter the Premises at any time to to: (A) take possession due to any breach perform regularly scheduled services required of this Lease in the manner provided herein and in compliance with Applicable LawsLandlord; and (B) subject to all applicable terms and provisions of this Lease, perform any covenants of Tenant which Tenant fails, fails to perform after expiration of applicable notice and a reasonable opportunity to cure, to performcure periods. Landlord may make any Any such entries shall be without the abatement of Rent, Rent (except as otherwise expressly provided in this Lease, Section 6.6 above) and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entrySubject to Landlord’s indemnity of Tenant in, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Partiesother provisions of, Section 10.1.2 above, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's Xxxxxx’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 use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Sublease Agreement (Intuit Inc)

ENTRY BY LANDLORD. Landlord reserves may enter the right Premises at all reasonable times and upon not less than 24 hour prior hours with notice to Tenant (except in the case of an emergency) to enter the Premises to (ia) inspect themthe Premises; (iib) show exhibit the Premises to prospective purchasers, lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiic) determine whether Tenant is complying with all obligations under this Lease; (d) supply janitorial service and any other services to be provided by Landlord under this Lease; (c) post notices of nonresponsibility nonresponsibility; and (f) make repairs or perform maintenance required of Landlord by this Lease, make repairs to the extent applicable pursuant to then applicable law); any adjoining space or (iv) alter, improve or repair the Premises or the Buildingutility services, or for structural make repairs, alterations, repairs or improvements to the Building or any other portion of the Building. However, all this work shall be done as promptly as reasonably possible and cause as little interference to Tenant as reasonably possible. Subject to Landlord's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease undertakings in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Partiesprevious sentence, Tenant hereby waives any damage claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any business or loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises caused by Landlord's entry. For each of the above purposes, At all times Landlord shall at all times have a key with which to unlock all the doors in on the Premises, excluding Tenant's vaults, safes and special security similar areas designated as secure areas in advance writing by TenantTenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord may deem deems proper to open the Tenant's doors in and to enter the Premises. Any entry into Entry to the Premises by Landlord in the manner hereinbefore described an emergency shall not be deemed to be construed as a forcible or unlawful entry intoentry, or a detainer of, the Premisesdetainer, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28Tenant.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Infoseek Corp /De/)

ENTRY BY LANDLORD. 13.1 Landlord reserves and its agents shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises escorted by an employee or representative of Tenant, at all reasonable times, upon prior verbal notice to (i) inspect them; (ii) show Tenant as set forth below for the Premises to prospective purchasers, purpose of examining or to current or prospective mortgagees, ground or underlying lessors or insurers or, during inspecting the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 Premisessame, and any other loss occasioned thereby. For each services to be provided by Landlord to Tenant hereunder, to show the same to prospective bona fide purchasers, lenders, investors or tenants of the above purposesBuilding (collectively, “Prospect Visits”), and to make such alterations, repairs, improvements or additions, whether structural or otherwise, to the Premises or to the Building as Landlord may deem necessary or desirable. Tenant shall at all times have reasonably cooperate with Landlord to permit such access and provide an escort. Notices for entry shall be given to an officer or supervisor of Tenant, as set forth on a key with which written list delivered by Tenant to unlock all Landlord. Notwithstanding the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergencyabove, Landlord shall have the right (but not the obligation) to use any means enter unescorted and without notice for janitorial services (if not supplied by Tenant) or if Landlord reasonably believes that there exists an emergency. Landlord may deem proper enter by means of a master key without liability to open Tenant except for any failure to exercise due care for Tenant’s property and without affecting this Lease. Landlord shall use reasonable efforts to give Tenant not less than 48 hours prior notice of Prospect Visits and will coordinate such entry with Tenant so as to not interfere with any of Tenant’s film production including delaying or scheduling of such visits after business hours if reasonably requested by Tenant. If such Prospect Visits exceed ten (10) per calendar year then Landlord will pay to Tenant for each additional visit during such calendar year a visitation fee equal to $50.00 per hour for each additional Prospect Visit during the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoapplicable calendar year, or a detainer of, the Premises, or an actual or constructive eviction prorata for any partial hour of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28visitation.

Appears in 1 contract

Samples: Office Lease (Gaiam Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not no less than 24 hour twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) for Landlord and/or its authorized representatives to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, tenants, or to current or prospective mortgagees, the ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; or (iv) alterperform, improve after the delivery to Tenant of written notice thereof and Xxxxxx's failure to perform said covenant within the applicable cure period or repair if none within a reasonable period of time, any covenants of Tenant that Tenant fails to perform; (v) perform its duties under this Lease, if any, and to perform any work therein that (a) may be necessary to comply with applicable law or the Restriction Documents, (b) Landlord may deem necessary to prevent waste or deterioration of the Premises or the BuildingProject, (c) Landlord may deem necessary in connection with the expansion, reduction, remodeling, or for structural alterationsrenovation of any portion of the Project, repairs with Landlord endeavoring to reasonably minimize the effect upon Tenant occupancy, access to, or improvements to conduct or operation of its business on the Building Premises, and/or (d) that may be necessary in connection with the installation, maintenance, and/or modification of any utility lines or related apparatus located within the Building's systems and equipment or (v) perform services required of Landlord hereunderPremises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (Air Cargo Lease A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. -Mark 2014 - 38 - AIR CARGO CENTER LEASE Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx'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 use any means that Landlord may deem proper to open the doors in and to the Premisessuch entry by Landlord. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Work Letter Agreement (A-Mark Precious Metals, Inc.)

ENTRY BY LANDLORD. DRAFT Landlord reserves the right and shall at all reasonable times and times, upon not less than 24 hour reasonable prior notice to Tenant (except in the case of an emergency) ), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times, have the right to re-enter the Premises to (i) inspect them; (ii) the same, to supply any service which Landlord is required to provide to Tenant or the Premises hereunder, to show the Premises to prospective purchasers, Mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, (during the last nine two (92) months of the Lease Initial Term) tenants, to prospective tenants; (iii) post notices of nonresponsibility (or as otherwise required or allowed by this Facility Lease or by law, and to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises and any portion of the Building as permitted under this Facility Lease 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, such scaffolding, pipes, conduits, and other necessary structures do not unreasonably interfere with Xxxxxx’s use of the Premises or the Buildingits business conducted therein, or for structural alterations, repairs or improvements are not permanently affixed to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this LeasePremises, and may take such reasonable steps as required to accomplish are removed within twenty-four (24) hours after the stated purposeswork is completed. In connection with any such entry, Landlord shall use commercially reasonable its best efforts during re-entry to minimize interference not unreasonably interfere with Tenant's Xxxxxx’s use of and the Premises or its business conducted therein. Landlord shall not, however, be liable in the Premisesany manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising from Landlord’s entry and acts pursuant to this Section and Tenant shall not be entitled to an abatement or reduction of Base Rent if Landlord reasonably exercises any rights reserved in this Section. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, unless caused by the gross negligence or willful misconduct of Landlord or any of the Landlord Parties. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant's ’s vaults and safes, or special security areas (designated by Tenant from time to time, in its absolute discretion, by written notice to Landlord in advance of the installation or creation of any such vaults, safes and or special security areas designated in advance by Tenant. In an emergencyareas), and Landlord shall have the right to use any and all means that which Landlord may deem necessary or proper to open the said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises. Any entry into the Premises , or portion thereof obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any emergency 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 eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28portions thereof.

Appears in 1 contract

Samples: Facility Lease Agreement

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour twenty four (24) hours’ prior notice to Tenant (except in the case of an emergency) to enter the Premises at all reasonable times to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility non-responsibility (to the extent applicable pursuant to then applicable law); 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 ’s systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performequipment. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of this Lease or access to the Premises in connection with any such entry, and such comply with Tenant’s reasonable security measures. Without limiting the foregoing, except in an emergency, Landlord shall be construed not enter into any portion of the Premises identified to Landlord as obligating an area containing sensitive business information unless accompanied by a representative of Tenant. Landlord to perform shall hold confidential any repairs, alterations or decorations except information regarding Tenant’s business learned as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28a result of any such entry

Appears in 1 contract

Samples: Lease (Aligos Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior notice to Tenant of one (1) business day (except in the case of an emergencyemergency in which case no notice shall be required) to Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (with respect to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last nine (9) months of the Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) to post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building Building, or the Building's systems and equipment as Landlord may otherwise reasonably desire or (v) perform services required of Landlord hereunderdeem necessary. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to (A) take possession due Tenant, in emergency situations and/or to any breach perform janitorial or other services required of Landlord pursuant to this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performLease. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts willful misconduct of any Landlord or Landlord PartiesParty, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’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 by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Extension Option Rider (Riverbed Technology, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all Landlord, and its duly authorized representatives, shall, upon reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) , where no such notice shall be required), have the right to enter the Premises at all reasonable times (at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (i) inspect them; (ii) but Landlord shall have no duty whatsoever to make any such inspections, repairs, alterations, additions or improvements except as otherwise provided in Sections 7.1 and 7.2 and Exhibit B), and to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last nine twenty-four (924) months preceding expiration of the Lease Term, Term as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective tenants; (iii) post notices of nonresponsibility (purchasers and mortgagees. If Landlord’s access to the Premises for any purposes permitted under this Lease requires Landlord to access or work in any controlled or restricted areas within the Premises, then, except in case of emergency, Landlord must be accompanied by a Tenant representative (Tenant hereby agreeing to make a representative available during mutually convenient times for such purposes). To the extent applicable pursuant possible under the circumstances, Landlord shall schedule non-emergency access to then applicable law); or (iv) alter, improve or repair and repairs and maintenance within the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required outside of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesnormal business hours. In connection with all repairs and maintenance performed by Landlord within the Premises pursuant to this Section 16.19, Landlord shall use commercially reasonable efforts to assure the safety of all persons affected thereby. In the event Tenant sends a notice alleging an emergency with respect to the existence of a dangerous or unsafe condition, any requirements for prior notice or limitations on Landlord’s access to the Premises contained in this Lease shall be deemed waived by Tenant so that Landlord may immediately exercise its rights under this Section 16.19 and Section 16.17 in such entrymanner as Landlord deems necessary in its sole discretion to remedy such dangerous or unsafe condition. Except in the event of an emergency, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's Xxxxxx’s operations and use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 Premises in connection with the exercise of any other loss occasioned thereby. For each of the above purposesforegoing rights under this Section 16.19, consistent with the nature of the activities being undertaken by Landlord hereunder. Landlord shall at comply with all times have a key Legal Requirements in connection 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 use exercise of any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28foregoing rights.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, term. to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibilily; 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 ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. Notwithstanding anything to the contrary contained in this Article 27, . Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’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 ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, . Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord 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. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. ARTICLE28.

Appears in 1 contract

Samples: Office Lease (KAYAK SOFTWARE Corp)

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