Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. 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.

Appears in 3 contracts

Samples: Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Precision Biosciences Inc

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ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right and shall at any and all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in have the case of an emergency) right to enter the Premises upon reasonable notice, except in the event of an emergency in which event no prior notice shall be required, (a) to supply janitorial services (ino notice required for such janitorial services) and any other service to be provided by Landlord to Tenant hereunder, (b) to inspect them; the same, (iic) to show the Premises to prospective purchasers, lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers orinvestors and, during the last nine twenty-four (924) months of the Lease TermTerm or following a default by Tenant, to prospective tenants; , (iiid) to post notices of nonresponsibility non-responsibility, (e) 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 Parking Facility, as provided in Section 2.4 above, (f) to perform any obligations of Tenant under this Lease where Tenant has failed to do so after written notice from Landlord, (g) placing upon the Premises ordinary “for lease” or “for sale” signs, (h) taking possession of the Premises due to any Tenant Default in the manner provided herein, (i) responding to an emergency, or (j) for structural alterationsany other reasonable purpose, repairs or improvements without abatement of Rent. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the Building or character of the Building’s systems and equipment. Provided work to be performed, provided that Landlord employs shall use commercially reasonable efforts to minimize any interference with the conduct business of Tenant in the performance of such work. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business in connection with entries into 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 Parking Facility on account of Landlord’s entry or work permitted by this Article 18 or by Section 2.4 above. Landlord may make any such entries without shall at all times have and retain a key with which to unlock all doors in the abatement of RentPremises, except as otherwise provided in this Lease, excluding Tenant’s vaults and shall take such reasonable steps as required to accomplish the stated purposessafes. 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 Premisesthereof, and any damages caused on account thereof shall be paid by Tenant.

Appears in 3 contracts

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

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at At all reasonable times and upon not no less than one (1) day’s 24 hours prior written (e-mail is acceptable) notice to Tenant (except Tenant, or in the case of an emergency) to , Landlord may enter the Premises to (i) inspect themthe Premises; (ii) show the Premises to prospective purchasers, or to current or prospective mortgageesSecurity Holders or insurers, ground or underlying lessors or insurers or, during the last nine (9) 12 months of the Lease TermTerm (or while an uncured Default exists), 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 Building, or for structural alterationsperform maintenance, repairs or improvements alterations. At any time and without notice to Tenant, Landlord may enter the Building Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Building’s systems Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and equipmentin the Premises. Provided that Except in an emergency, Landlord employs commercially shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into use of the Premises, Landlord may make any such entries without . Without limiting the abatement of Rentforegoing, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. 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 unreasonably noisy or otherwise disruptive work performed by Landlord in the manner hereinbefore described Premises pursuant to this Section 18 shall not be deemed to be a forcible or unlawful entry intoperformed outside of normal business hours. Except in an emergency, or a detainer of, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises, . No entry into or an actual or constructive eviction closure of Tenant from any portion of the PremisesPremises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder.

Appears in 3 contracts

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

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one at team forty-eight (149) day’s hours prior written (e-mail is acceptable) 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, ground or underlying lessors or insurers mortgagees or, during the last nine six (96) months of the Lease Term, to prospective tenantstenants of the Premises (so long as prior to such entry, Landlord notifies Tenant of the identity of such parties), or to the 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 Improvements to the Building Building, or as landlord may otherwise reasonably desire or deem reasonably necessary. Notwithstanding anything to the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 22, Landlord may make enter the Premises at any time without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent, Rent (except as otherwise provided in this Lease, Section 6.5 above) and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. Notwithstanding anything to the contrary set forth in this Article 22, Landlord agrees, absent an emergency, or Landlord's exercise of its rights and remedies under Article 19 of this Lease, to be accompanied by a representative of Tenant but only if such representative is reasonably made available to Landlord at the time Landlord desires to so enter the Premises. In no event will Landlord be liable to Tenant for failing to perform its obligations under this Lease if Landlord's failure to perform any such obligations is the result of Landlord being denied access to the Premises because a representative of Tenant was not available at the time of Landlord's desired entry into the Premises to perform such obligations. 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. In connection with any entries by Landlord pursuant to this Article 22, Landlord shall use commercially reasonable efforts not to unreasonably interfere with Tenant's permitted use of the Premises during normal business hours. Tenant may reasonably designate a certain reasonable number of areas within the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain, valuable property or confidential information. Landlord may not enter such Secured Areas except in the case of an emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with at least forty-eight (48) hours prior written notice. Landlord shall not show the Secured Area to a prospective tender, purchaser or tenant without forty-eight (48) hours prior written notice and without a representative of Tenant being present. Tenant hereby acknowledges and agrees that Landlord shall have no obligation to perform janitorial services in such Secured Areas unless Tenant provides Landlord a written request for same and provides Landlord with access to such Secured Areas (by providing Landlord a key or other device, and by scheduling Landlord's entry with an escort or otherwise.

Appears in 3 contracts

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

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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 (during the final twelve (12) 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) altermake reasonably necessary alterations, improve improvements or repair repairs to the Premises or the Building, or for structural alterations, repairs or improvements Building Systems. Notwithstanding anything to the Building or contrary contained in this Article 27, Landlord may enter the Building’s systems Premises at any time to (A) perform services required of Landlord; (B) take possession due to any Default of this Lease in the manner provided herein; and equipment(C) perform any covenants of Tenant which Tenant fails to perform following applicable notice and cure periods. Provided that Landlord employs shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with such entries into the Premises. To the extent reasonably practical given the nature of the work, Landlord will provide Tenant with at least five (5) days prior notice of any of the actions set forth in this Article 27, to be taken by Landlord if such action will substantially interfere with Tenant’s ability to (i) conduct business in the Premises, (ii) gain access to and from the Premises, or (iii) use or have access to and egress from the Parking Facilities. Tenant shall additionally have the right to require that Landlord be accompanied by a representative of Tenant during any such entry so long as Tenant makes a representative available at commercially reasonable times. 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 weekends 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 shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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. 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.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

ENTRY BY LANDLORD. ProvidedLandlord may, howeverbut shall not be obligated to, that enter the Premises upon reasonable notice (except in emergency, in which case no notice shall be required) and without any such entry by abatement of Rent: (a) to examine the Premises; (b) to perform any obligation or exercise any right or remedy of Landlord shall under this Lease; (ic) remain subject to Tenant’s reasonable security make repairs, alterations, improvements, and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy additions to the Premises or to other portions of the PremisesComplex as Landlord deems necessary or desirable; (d) to perform work necessary to comply with laws, ordinances, rules, or the conduct regulations of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written any governmental authority or of any insurance underwriter; (e-mail is acceptable) notice to Tenant (except in the case of an emergency) to enter perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises to (i) inspect themor the Complex; (iif) to show the Premises to prospective or actual purchasers, or to current or prospective mortgageestenants, ground or underlying lessors or insurers orMortgagees, during the last nine (9) months of the Lease Terminvestors, to prospective tenantsand insurers; (iiig) to post notices of nonresponsibility non-responsibility; and (h) for any other purpose permitted by law. In entering the Premises pursuant to this article, Landlord may take thereon any reasonably required materials. Landlord may erect scaffolding and other necessary structures around and within the Premises where reasonably required by the character of any work to be performed, always providing that the entrance to the extent applicable pursuant Premises shall not be blocked thereby, and further providing that Landlord shall use reasonable efforts, in light of expense and practicality, to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, minimize any interference with Tenant’s business. Tenant hereby waives any claim for damages or for structural alterations, repairs any injury or improvements inconvenience to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into business, any loss of occupancy or quiet enjoyment of the Premises, Landlord may make and any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. 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 Premisesother loss occasioned thereby. 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, or a detainer of, the Premises, Premises or an actual or constructive eviction of Tenant from the Premises or any portion thereof. During the six (6) months prior to the expiration of the PremisesTerm, Landlord may place upon the Premises leasing and/or for sale notices, which Tenant shall permit to remain without molestation.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (ior Landlord’s property manager) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s at least 24 hours prior written (e-mail is acceptable) 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. Provided that Landlord employs commercially reasonable efforts Notwithstanding anything to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 27, Landlord (or Landlord’s property manager) 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 (C) perform any covenants of Tenant which Tenant fails to perform pursuant to Section 26.1 above. 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 shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

ENTRY BY LANDLORD. ProvidedLandlord, howeverit agents, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security contractors and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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 purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease TermPremises, 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, including other tenants' premises. Except in emergencies or for structural alterationsto provide customary Building services after 6:00 p.m. weekdays or on weekends, repairs or improvements to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially shall provide Tenant with reasonable efforts to minimize interference with the conduct prior notice of Tenant’s business in connection with entries entry into the Premises, Landlord which may make any such entries without be given orally. If reasonably necessary for the abatement protection and safety of Rent, except as otherwise provided in this Lease, Tenant and shall take such reasonable steps as required to accomplish the stated purposes. 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 all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after 6:00 p.m. weekdays or on weekends. Entry 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 constitute constructive eviction or entitle Tenant to an abatement or reduction of Rent. Landlord agrees that it is solely responsible for the safety and conduct of its agents, contractors, invitees, visitors and representatives (and will carry appropriate insurance therefor) on the Premises and will indemnify and hold harmless Tenant from any portion actual, out-of-pocket claim, damage, injury, liability, judgment, loss, cost and expense, including reasonable legal fees, costs and expenses arising out of or in connection with the Premisesentry onto the Premises of Landlord, its agents, employees, contractors, invitees, visitors and representatives. The foregoing shall however, in no event, include consequential damages. Landlord shall be responsible for ensuring that the Landlord, its agents, employees, contractors, invitees, visitors and representatives do not touch, tamper with, disturb, inspect or in any way interfere with Tenant's property except in the event of an emergency without Tenant's prior consent. Notwithstanding the foregoing, in no event shall Landlord, its agents, employees, contractors, visitors, invitees and representatives tamper with, touch, disturb, inspect or in any way interfere with Tenant's work product, especially tissue material, freezers, instruments, computers and biological material; except in the event of an emergency which could lead to imminent loss of human life or significant property damage to the Premises or Building, and where no other reasonable alternative is available to Landlord. 13.

Appears in 2 contracts

Samples: Lease (Kolltan Pharmaceuticals Inc), Lease (Kolltan Pharmaceuticals Inc)

ENTRY BY LANDLORD. ProvidedSubject to Landlord’s delivery to Tenant of an executed form attached hereto as Exhibit H (except in the case of an emergency), however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than at least one (1) dayBusiness Day’s prior written notice (e-mail is acceptablewhich may be by email) 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 systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. 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 particularly valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Unless requested by Tenant, Landlord need not maintain or repair such secured areas. 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. In making any such entry (other than in an emergency), Landlord shall use commercially reasonable efforts to avoid interference with Tenant’s business operations and to follow Tenant’s reasonable security and safety measures that Landlord has prior notice of.

Appears in 2 contracts

Samples: Sorrento Highlands (Decipher Biosciences, Inc.), Sorrento Highlands (Decipher Biosciences, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and (except as otherwise provided in this Article 27) upon not less than one reasonable prior notice (1which notice may be telephonic) day’s prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency, in which event no notice shall be required) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, brokers or investors, or to current or prospective mortgagees, ground or underlying lessors or insurers or, or to prospective tenants of the Premises (but only 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 BuildingBuilding Systems. The parties acknowledge that one room in the Premises, the file server room (the “Secure Room”), will be secured by Tenant before and after Tenant’s systems and equipmentnormal business hours (“Tenant’s Business Hours”). Provided that Tenant shall provide Landlord employs commercially reasonable efforts with keys or access cards to minimize interference with the conduct Secure Room permitting Landlord to have access to the Secure Room outside of Tenant’s business Business Hours in connection accordance with entries into the provisions for emergency access to the Premises set forth below. Landlord shall provide janitorial services to the Secure Room only once per month, on a date that is mutually acceptable to Tenant and Landlord, such services to be provided during Tenant’s Business Hours, and only when escorted by an employee or other agent of Tenant. To the extent that Landlord incurs additional expense for cleaning and janitorial services provided to the Secure Room during Tenant’s Business Hours, Landlord shall have the right to assess such charge to Tenant as Additional Rent. Landlord shall have the right to install, use and maintain ducts, cabling, pipes and conduits in and through the Premises, provided that (a) such ducts, cabling, pipes and conduits are concealed within or above partitioning columns, walls or ceilings, except that if such ducts, cabling, pipes or conduits are installed in areas that are utility areas (such as storage areas, mailrooms or mud rooms), then such ducts, cabling, pipes or conduits may also be installed on partitioning walls, columns or ceilings, (b) such ducts, cabling, pipes and conduits do not reduce the usable area of the Premises by more than a de minimis amount, and (c) Landlord installs such ducts, cabling, pipes and conduits in a manner that minimizes, to the extent reasonably practicable, any adverse effect on an Alteration theretofore performed in the Premises. Subject to the provisions in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) to the extent permitted by applicable Law, take possession after a Default in the manner provided herein; or (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key or access card with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant to Landlord. 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. In exercising the rights reserved to Landlord in this Article 27, Landlord shall (i) use commercially reasonable efforts to avoid causing material interference with Tenant’s business and its customers, employees and invitees and (ii) comply with Tenant’s security policies and procedures. Tenant shall provide Landlord with the names and contact telephone numbers of two (2) employees of Tenant to be contacted in the event of an emergency either in or affecting the Premises (“Tenant’s Emergency Contacts”). After the names and contact telephone numbers of Tenant’s Emergency Contacts have been provided by Tenant to Landlord, such information shall remain in effect until Landlord receives written notice from Tenant of any revisions to such information. In the event of any emergency that requires immediate access to the Premises, Landlord shall make reasonable efforts, if practicable under the circumstances, to place one (1) telephone call to each of Tenant’s Emergency Contacts, and, if Landlord is unable to reach either person, Landlord shall leave a voice mail message specifying the nature of the emergency for both persons (assuming that such persons maintain voice mail), The building engineer and any vendor or other emergency personnel required to address such emergency may then enter the Premises for the sole purpose of addressing such emergency.

Appears in 2 contracts

Samples: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)

ENTRY BY LANDLORD. ProvidedTenant shall permit Landlord and its employees, however, that any such entry by Landlord shall agents and contractors upon twenty- four (i24) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) hours’ notice to Tenant (except in the case of an emergency) , in which event no notice shall be necessary), to enter the Premises to and all parts thereof (i) at all reasonable times for any of the following purposes: to inspect themthe Premises; to maintain the Premises; to make such repairs to the Premises as Landlord is obligated or may elect to make, and to make repairs, alterations or additions to any other portion of the Building; and (ii) to show the Premises and to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, post “For Lease” signs for the purposes of re-letting the Premises during the last nine (9) months of the Lease Term, ; to show the Premises to prospective tenantslenders or purchasers of the Building; (iii) and to post notices of nonresponsibility (nonresponsibility. Notwithstanding anything to the extent applicable contrary contained in this Article XIV, 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 (C) perform any covenants of Tenant which Tenant fails to perform 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 equipmentSection 12.05 above. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby except that such waiver shall not apply to any actual, out-of-pocket damages incurred by Tenant in connection with Landlord’s entry in the Building when such loss or damage is due to 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 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.

Appears in 2 contracts

Samples: Work Letter Agreement (Cloudera, Inc.), Work Letter Agreement (Cloudera, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at At all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice to Tenant (except Tenant, or in the case of an emergency) to , Landlord may enter the Premises to (i) inspect themthe Premises; (ii) show the Premises to prospective purchasers, or to current or prospective mortgageesSecurity Holders or insurers, ground or underlying lessors or insurers or, during the last nine (9) 12 months of the Lease TermTerm (or while an uncured Default exists), 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 Building, or for structural alterationsperform maintenance, repairs or improvements alterations. At any time and without notice to Tenant, Landlord may enter the Building Premises to perform required services; provided, however, that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be delivered by e-mail, fax, telephone or orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Building’s systems Premises to perform maintenance, repairs or alterations. In an emergency, Landlord may use any means it deems proper to open doors to and equipmentin the Premises. Provided that Except in an emergency, Landlord employs commercially shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into use of the Premises, Landlord may make any such entries without . Without limiting the abatement of Rentforegoing, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, any unreasonably noisy or otherwise disruptive work performed by Landlord in the Premises pursuant to this Section 18 shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premisesbe performed outside of normal business hours. Any No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing, if a closure of a portion of the Premises by Landlord in the manner hereinbefore described shall pursuant to this Section 18 lasts for more than five (5) consecutive business days and is made necessary by an event or condition that (a) does not be deemed to be result from a forcible or unlawful entry intoCasualty, or a detainer of, the Premises, Taking or an actual or constructive eviction Act of Tenant from any Tenant, and (b) is within Landlord’s reasonable control, then, as Tenant’s sole remedy for such closure, Monthly Rent shall xxxxx for such portion of the PremisesPremises beginning on the first business day following the expiration of such 5-business-day period and ending on the date on which such closure terminates.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant of not less than one twenty-four (124) day’s prior written (e-mail is acceptable) notice to Tenant hours (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. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts may enter the Premises at any time to minimize interference with (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the conduct manner provided herein; and (C) perform any covenants of Tenant’s business in connection with entries into the Premises, Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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.

Appears in 2 contracts

Samples: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not reasonable notice (which shall be deemed to be no less than one (124 hours’ advance written notice) day’s prior written (e-mail is acceptable) 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 eleven (911) 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 systems and equipment. Provided 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 or to confirm that Landlord employs commercially reasonable efforts Tenant is performing janitorial services in compliance with Section 6.1.4 above; (B) take possession due to minimize interference with any uncured Default of this Lease in the conduct manner provided herein; and (C) perform any covenants of Tenant’s business in connection with entries into the Premises, Tenant which Tenant fails to perform following delivery of written notice. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes; provided, however, in connection with exercising its rights hereunder, Landlord shall use commercially reasonable efforts to minimize interference with the operation of Tenant’s business in the Premises. 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 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. 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.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts may enter the Premises at any time to minimize interference with (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the conduct manner provided herein; and (C) perform any covenants of Tenant’s business in connection with entries into the Premises, Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of RentRent (except as specifically set forth in Section 19.5 of this Lease), except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) business day’s prior written (e-mail is acceptable) notice to Tenant which may be given by telephone or electronic mail (except in the case of an emergencyemergency or with respect to regularly scheduled services) 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) provided that it is in accordance with the express provisions of this Lease, 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. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, creating a default by Landlord and shall take such reasonable steps as required to accomplish the stated purposes. 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. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, address, number or designation by which the Premises is commonly known, provided any such change does not (A) unreasonably reduce, interfere with or deprive Tenant of access to the Premises, or (B) reduce the rentable area (except by a de minimis amount) of 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 and the Base Rent (and any other item of Rent) shall under no circumstances xxxxx while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord’s agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord’s agents shall accord reasonable care under the circumstances to Tenant’s Property, and without in any manner affecting this Lease. Tenant shall, at all times during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or other means necessary to access the Premises.

Appears in 2 contracts

Samples: Lease (Aethlon Medical Inc), Aethlon Medical Inc

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one at least twenty-four (124) day’s hours’ prior written notice (e-mail is acceptablewhich may be delivered via email) 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 Lawapplicable -36- HCP XXXXXX XXXXX, LLC [11099 NORTH XXXXXX XXXXX ROAD] [Synthorx Inc.] 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. Provided that In exercising the entry rights set forth in this Section, Landlord employs shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with such entries into the Premises, . Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. 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. Except in the case of an emergency, Tenant shall have the opportunity to have a representative of Tenant accompany the entrant, provided that Landlord shall not be required to delay any such entrance due to the unavailability of Tenant’s representative. 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. In making any such entry (other than in an emergency) ,Landlord shall use commercially reasonable efforts to cooperate with those certain safety and security measures delivered to Landlord by Tenant prior to the date hereof.

Appears in 2 contracts

Samples: Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one forty-eight (148) day’s hours prior written (e-mail is acceptable) 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 themthem (provided that entry for this purpose shall be limited to once in a three (3) month period); (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 as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 23, Landlord may make enter the Premises at any 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 after a judgment of possession is received in any required construction; and (C) perform any covenants of Tenant which Xxxxxx fails to perform. Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Except for damages or injuries caused by the gross negligence or willful misconduct of Landlord, its employees, agents and contractors, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Xxxxxxxx’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.

Appears in 2 contracts

Samples: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)

ENTRY BY LANDLORD. ProvidedSubject to limitations described in the last paragraph of Paragraph 1.3 and this Paragraph 17 below, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right and shall at any and all reasonable times and upon reasonable prior notice to Tenant of not less than one twenty four (124) day’s prior written (e-mail is acceptable) notice to Tenant hours (except in the case of an emergency) have the right to enter the Premises to (i) inspect them; (ii) show the same, to supply any service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers mortgagors/lenders or, during the last nine (9) 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 any other portion of the Building, or for structural alterationsto show the Premises during the last twelve (12) months of the Term of this Lease to prospective tenants, repairs or improvements all without being deemed guilty of any eviction of Tenant and without abatement of rent except as expressly set forth below in this Paragraph 17. In order to carry out such purposes, Landlord may 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. Notwithstanding anything to the Building contrary set forth in this Paragraph 17, 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 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 systems and equipmentreasonable approval. Provided that Landlord employs commercially reasonable efforts Tenant hereby waives any claim for damages for any injury or inconvenience to minimize or interference with the conduct of Tenant’s business in connection with entries into business, any loss of occupancy or quiet enjoyment of the Premises, Landlord may make and any such entries without the abatement of Rent, other loss occasioned thereby except as otherwise provided in this Leaseexpressly set forth herein. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises (excluding Tenant’s vaults and safes), and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any 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 shall not 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. It is understood and agreed that no provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed herein to be performed by Landlord. In the event that Tenant is prevented from using, and does not use, the Premises or any material portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform or commence to perform after at least three (3) business days’ prior written notice by Tenant to Landlord identifying such failure, which substantially interferes with Tenant’s use of or ingress to or egress from the Building or Premises and is not necessitated by Tenant’s breach or Default hereunder or performed in such manner at the Tenant’s express request; (ii) any failure to provide services, utilities or ingress to and egress from the Building or Premises if such failure is attributable solely to the act or omission of Landlord (or Landlord’s agents, employees or contractors) or to Landlord’s failure to perform its maintenance obligations set forth herein as specifically identified in a written notice given by Tenant to Landlord; or (iii) the presence of Hazardous Materials due to the acts or omissions of Landlord or Landlord’s agents, employees or contractors (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an “Abatement Event”), then if such Abatement Event continues for five (5) consecutive business days (the “Eligibility Period”), then the rent payable hereunder shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, or any material portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. If Tenant’s right to abatement occurs during a free rent period, Tenant’s free rent period shall be extended for the number of days that the abatement period overlapped the free rent period (“Overlap Period”).

Appears in 2 contracts

Samples: Lease (Okta, Inc.), Agreement of Lease (Okta, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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 Building. Notwithstanding anything to the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 27, Landlord may make enter the Premises at any time to (A) perform services required of Landlord (including, without limitation, the construction of the Improvements); (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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.

Appears in 2 contracts

Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right right, at all reasonable times and upon not reasonable prior notice to Tenant, but in no event less than one forty-eight (148) day’s hours prior written (e-mail is acceptable) notice to Tenant notice, (except in the case of an emergency) ), to enter the Premises to (ia) inspect themthe Premises; (iib) show the Premises to prospective existing or potential purchasers, successors, investors, Security Holders or to current or prospective mortgageesinsurers, ground or underlying lessors or insurers or, and during the last nine (9) months of the Lease TermTerm (or while a Default exists), to prospective tenants; (iiic) post notices of nonresponsibility nonresponsibility; (d) perform maintenance or repairs to the extent applicable pursuant Premises, subject to then Applicable Law)the limitations set forth in this Lease; (e) to maintain or repair improvements for other tenants where access to the Premises is required for such maintenance or repair, subject to the limitations set forth in this Lease; or (ivf) alter, improve maintain or repair pipes, conduits, ducts, wires and structural elements in the Premises that serve other parts or tenants of the Building, subject to the limitations set forth in this Lease. Landlord shall at all times have a key with which to unlock all the doors in the Premises, provided Tenant may designate certain areas of the Premises (not to exceed 15% of the total rentable square footage of the Premises or such larger area as may be shown on the Building, Approved Working Drawings for the Tenant Improvements) as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentconfidential information. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any not enter such entries without Secured Areas except in the abatement case of Rentemergency or in the event of a Landlord inspection or to perform Landlord’s obligations hereunder, except as otherwise provided in this Leasewhich case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection, and Tenant shall take be responsible for all damages resulting from Landlord’s limited access to such reasonable steps as required to accomplish the stated purposesareas. 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 Landlord shall use commercially reasonable efforts to conduct its activities under this Article 28 in a manner that will minimize inconvenience to Tenant and avoid interference with Tenant’s use of or access to the Premises (including, if necessary to avoid such interference, entering the Premises after Tenant’s business hours). In no event shall Tenant be entitled to an abatement of Rent on account of any entry by Landlord in accordance with Article 28, nor shall Landlord be liable in any manner for any inconvenience, loss of business or other damage to Tenant or other persons arising out of Landlord’s entry on the manner hereinbefore described Premises in accordance with this Article 28. No action by Landlord pursuant to this Article 28 shall not be deemed constitute an eviction of Tenant, constructive or otherwise, entitle Tenant to be a forcible an abatement of Rent or unlawful entry intoto terminate this Lease, or a detainer of, the Premises, or an actual or constructive eviction of otherwise release Tenant from any portion of Tenant’s obligations under this Lease so long as such action does not interfere with Tenant’s use of or access to the Premises.

Appears in 2 contracts

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

ENTRY BY LANDLORD. ProvidedLandlord may enter the Premises to inspect, howevershow (during Building Service Hours), that clean, perform or facilitate the performance of repairs, alterations or additions to the Premises or any such entry by portion of the Building. Except in emergencies or to provide Building services, Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere provide Tenant with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than least one (1) dayBusiness Day’s prior written (enotice of entry. At Tenant’s election, Landlord shall be escorted by a representative of Tenant within the Premises during any such access, provided that Tenant makes such representative available during such access. In connection with any such entry for non-mail is acceptable) emergency work performed during Building Service Hours, Landlord shall use commercially reasonable efforts, consistent with the operation of a first-class high rise building, not to unreasonably interfere with Xxxxxx’s use of the Premises. If reasonably necessary and on prior written notice to Tenant (except in the case emergencies), Landlord may temporarily close all or a portion of an emergency) to enter the Premises to (i) inspect themperform repairs, alterations and additions; (ii) show provided, that, except in emergencies, any such work that would prevent the use of more than a de minimis portion of the Premises during Building Service Hours will be performed on weekends or after Building Service Hours. Any such entry by Landlord shall not constitute a constructive eviction or entitle Tenant to prospective purchasers, an abatement or reduction of Rent. Notwithstanding anything to current or prospective mortgagees, ground or underlying lessors or insurers orthe contrary, during the portion of the Term prior to the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (Landlord shall not show or grant access to the extent applicable pursuant Premises to then Applicable Law)Adobe, Inc.; AWeber Communications; Constant Contact, Inc.; DotDigital Group Pic; Avenue 81, Inc. d/b/a Drip; Emarsys eMarketing Systems AG; Listrak, Inc.; Rocket Science Group D/b/a Mailchimp; Xxxxxxxxxx.xxx, Inc.; Xxxxx, Inc.; or their successors (iv“Tenant Competitors”), without Xxxxxx’s prior written consent, which consent may be withheld in Tenant’s sole discretion; provided, however, that Xxxxxx’s prior written consent shall not be required with respect to any access by any Tenant Competitor in the last twelve (12) altermonths of the Term; provided, improve or repair however at Tenant’s election, such parties shall be escorted by a representative of Tenant within the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make during any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposesaccess. In an emergency, Landlord Tenant shall have the right to use any means provide Landlord written notice of an updated list of Tenant Competitors from time to time during the Term, provided that Landlord may deem proper such updated list shall be limited to open e-commerce marketing companies or such other companies engaged in a primary business competitive with Tenant’s primary business, and the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described total number of Tenant Competitors 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 exceed ten (10) entities at any portion of the Premisestime.

Appears in 2 contracts

Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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 (during the final twelve (12) 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) altermake reasonably necessary alterations, improve improvements or repair repairs to the Premises or the Building, or for structural alterations, repairs or improvements Building Systems. Notwithstanding anything to the Building or contrary contained in this Article 27, Landlord may enter the Building’s systems Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any Default of this Lease in the manner provided herein; and equipment(C) perform any covenants of Tenant which Tenant fails to perform following applicable notice and cure periods. Provided that Landlord employs shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with such entries into the Premises. To the extent reasonably practical given the nature of the work, Landlord will provide Tenant with at least five (5) days prior notice of any of the actions set forth in this Article 27, to be taken by Landlord if such action will substantially interfere with Tenant’s ability to (i) conduct business in the Premises, (ii) gain access to and from the Premises, or (iii) use or have access to and egress from the on-site parking area. Tenant shall additionally have the right to require that Landlord be accompanied by a representative of Tenant during any such entry so long as Tenant makes a representative available at commercially reasonable times. 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 weekends 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 shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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. 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.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject Subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy Section 1.8 of the PremisesTenant Specific Terms, or LANDLORD, its agents, employees, and contractors may enter the conduct of its business therein, then Landlord reserves the right Leased Premises at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice any time in response to Tenant (except in the case of an emergency) to enter the Premises to , and at reasonable hours to: (ia) inspect themthe Leased Premises; (iib) show exhibit the Leased Premises to prospective purchasers, lenders, tenants, brokers., or agents, (c) determine whether TENANT is complying with all its obligations in this LEASE: (d) any service to current be provided by LANDLORD to TENANT according to this LEASE; (e) post written notices of nonresponsibility or prospective mortgageessimilar notices; or (f) make repairs required of LANDLORD under the terms of this LEASE or make repairs to any adjoining space or utility services or make repairs, ground alterations, or underlying lessors or insurers orimprovements to any other portion of the building, however, all such work will be done as promptly as is reasonably possible and with the intention to cause as little interference to TENANT as is reasonably possible. LANDLORD may at any time during the last nine ninety (990) months days of the Lease TermTerm place on or about the Leased Premises, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alterbuilding, improve or repair the Premises or the Buildingproject any ‘‘for lease” or other signs or notices advertising LANDLORD’s expectation that the Leased Premises will become available for leasing or rental. TENANT, by this Section 19.1, waives any claim against LANDLORD, its agents, employees, or contractors for structural alterations, repairs damages for any injury or improvements inconvenience to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with TENANT’s business, any loss of occupancy or quiet enjoyment of the conduct of Tenant’s business in connection with entries into the Leased Premises, or any other loss occasioned by any entry in accordance with this Section 19.1. Landlord may make any such entries without will at all time have and retain a key with which to unlock all of the abatement of Rentdoors in on, except as otherwise provided in this Leaseor about the Leased Premises (excluding TENANT’s vaults, safes, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergencysimilar areas, Landlord shall if any, designated in writing by TENANT in advance)_ LANDLORD will have the right to use any and all means that Landlord LANDLORD may deem proper to open the doors in and to the PremisesLeased Premises in an emergency in order to obtain entry to the Leased Premises provided that LANDLORD will promptly repair any damages caused by any forced entry. Any entry into to the Leased Premises by Landlord LANDLORD in the manner hereinbefore described shall accordance with this Article 19 will not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Leased Premises or an eviction, actual or constructive eviction constructive, of Tenant TENANT from the Leased Premises or any portion of the Leased Premises, nor will any such entry entitle TENANT to damages or an abatement of monthly Base Rent, additional rent, or any other charges that this LEASE requires TENANT to pay.

Appears in 2 contracts

Samples: Lease (GLAUKOS Corp), Lease (GLAUKOS Corp)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice 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 to current or prospective mortgagees, ground or underlying lessors or insurers or, (during the last nine (9) months of the Lease Term) tenants, or to prospective tenantsthe ground 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 as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 22, Landlord may make enter the 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp -35- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] Premises at any time, without notice to Tenant, in emergency situations. Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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. In making any entry into the Premises (i) Landlord shall use commercially reasonable efforts to minimize disruption to Tenant’s operations within the Premises, (ii) Landlord shall follow Tenant’s commercially reasonable safety and security protocols, and (iii) Tenant shall have the right to have an escort present during any such entry (but Tenant’s failure to provide such escort shall not hinder Landlord’s right to access the Premises).

Appears in 1 contract

Samples: Industrial (Kura Oncology, Inc.)

ENTRY BY LANDLORD. ProvidedLandlord, its agents, contractors and representatives may enter the Premises to inspect or show the Premises, to clean and make repairs, alterations or additions to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Building or the Project, including other tenants’ premises; provided, however, that any such entry by Landlord shall not enter the Premises to show the Premises to perspective tenants except during the last six (6) months of the Term or after the occurrence and during the continuation of any default. Notwithstanding the foregoing, except (i) remain subject to the extent requested by Tenant’s reasonable security and privacy measures; and , (ii) not unreasonably interfere in connection with Tenant’s use and occupancy scheduled maintenance programs, and/or (iii) in the event of an emergency, Landlord shall provide to Tenant at least 24 hours’ prior written notice (it being agreed that, for purposes of the Premisesforegoing, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptableand facsimile transmission shall constitute written notice) notice before Landlord enters the Premises. Except in emergencies or to provide janitorial or security services, such entry shall be during Normal Business Hours. Except in emergencies, Tenant shall be entitled (except and Landlord shall reasonably coordinate with Tenant) to have any third parties (such as prospective lenders, purchasers or tenants) so entering the Premises execute Tenant’s standard confidentiality agreement in the case of an emergency) form attached hereto as Exhibit G prior to entering the Premises (other than the reception area thereof), provided Tenant makes such employee and confidentiality agreement available at the time Landlord or such other party desires to enter the Premises as set forth in such prior notice to (i) inspect them; (ii) show Tenant, and further provided that such confidentiality agreement is in a standard form that Tenant requires all non-employee entrants to the Premises to prospective purchasers, or execute prior 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 (entry to the extent applicable pursuant Premises and is on commercially reasonable terms. The provisions of Section 39 below shall apply to then Applicable Law); any Confidential Information to which Landlord or (iv) alter, improve or repair Landlord’s employees may have access during any entry to the Premises or the Building, or for structural alterationshereunder. If Tenant requests maintenance, repairs or improvements any special services in the Premises (or if Landlord requires access to the Building Premises for maintenance or repairs by a third party contractor or third party agent of Landlord), Tenant may request in writing concurrently with its request (or in the Buildingevent of Landlord’s systems proposed access for repairs and equipment. Provided maintenance, within 12 hours of Landlord’s notice to Tenant) that any third party contractor or third party agent of Landlord employs commercially reasonable efforts to minimize interference with that enters the conduct of Tenant’s business Premises in connection with entries into such maintenance, repairs or services sign Tenant’s standard confidentiality agreement as provided above. Upon such a Tenant request, or in connection with janitorial or other scheduled maintenance at the Premises, Landlord shall provide Tenant with contact information for the applicable agent or contractor so that Tenant may make pursue such an agreement, and in all events except in emergencies, Landlord shall not allow such third party access to the Premises until Tenant confirms to Landlord that it has obtained such agreement or waived the requirement for such agreement. If Tenant requires a confidentiality agreement from any such entries third party, Landlord shall not be responsible for any delays that occur as a result of such requirement in Landlord’s response to Tenant’s request for repairs or services. Nothing in the foregoing shall prohibit Landlord from accessing the Premises with a third party contractor or third party agent without such an agreement in an event of emergency or, following a reasonable period in which Landlord allows Tenant to seek such an agreement, to the abatement extent reasonably necessary to perform maintenance and repairs to the Premises and the Building. If reasonably necessary for the protection and safety of Rent, except as otherwise provided in this Lease, Tenant and shall take such reasonable steps as required to accomplish the stated purposes. In an emergencyits employees, Landlord shall have the right to use temporarily close all or a portion of the Premises to perform repairs, alterations and additions. Entry by Landlord shall not constitute constructive eviction or entitle Tenant to an abatement or reduction of Rent. Except in emergency situations, as determined by Landlord, Landlord shall exercise reasonable efforts to perform any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in the Premises. Notwithstanding the foregoing, Tenant, at its own expense, may designate the data closets located in the Premises as a “Secured Area” and provide its own locks to such area (“Secured Area”). Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation (i.e., to perform Landlord’s maintenance and repair obligations within the Premises), Landlord shall contact Tenant in writing or orally, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access, no less than twenty-four (24) hours thereafter. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant, and Tenant shall pay all reasonable expenses (including any deductible) incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the manner hereinbefore described shall not be deemed to be Premises damaged as a result of a forcible entry by Landlord; provided, however, that Landlord shall apply any insurance proceeds Landlord actually receives toward the cost of such repair and reconstruction. Landlord shall have no obligation to provide any maintenance or unlawful entry into, or a detainer of, janitorial service in the Premises, or an actual or constructive eviction of Tenant from any portion of the PremisesSecured Area.

Appears in 1 contract

Samples: Office Lease Agreement (Akamai Technologies Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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, during the final twelve (12) months of the Lease Term, 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 's systems and equipment. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs may enter the Premises at any reasonable 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 (C) perform any covenants of Tenant which Tenant fails to perform. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s 's business in connection with such entries into the Premises, . Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, 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 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.

Appears in 1 contract

Samples: Office Lease (Atlantic Acquisition Inc.)

ENTRY BY LANDLORD. ProvidedLandlord reserves, howeverand it and its agents and employees shall, that upon reasonable prior written notice, at any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in have, the case of an emergency) right to enter the Premises to (i) inspect them; (ii) show the same, to submit or display said Premises to actual or prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Termencumbrancers and tenants, to prospective tenants; (iii) comply or attempt to comply with requirements of law or insurance carriers or regulators imposed on it, to post notices of nonresponsibility (non-responsibility, to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises and any portion of the building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent or any amounts due to Landlord pursuant hereto, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the Buildingcharacter of the work to be performed. The entrance to the Premises shall not be unreasonably blocked thereby, and further the business of Tenant shall not be interfered with unreasonably. Notwithstanding the foregoing, if Landlord’s exercise of the rights reserved hereunder interferes with Tenant’s operations in the Premises for more than twenty-four (24) hours, all monetary obligations under this Lease shall xxxxx for the duration of the Lease. If Landlord and Tenant have not executed a new lease or an extension of this Lease prior to the date which is six (6) months prior to the termination of the term hereof, as previously extended, Landlord shall be permitted to post, and to enter the Premises for the posting of, “For Lease” or similar signs on or in the Premises provided such signs shall be of a size, location and appearance as to not interfere with Tenant’s signage, visibility, view and operations. Once said signs are posted by Landlord, Tenant shall not remove or alter same, and shall not in any way hinder their visibility. Tenant hereby waives any claim for damages or for structural alterations, repairs any injury or improvements inconvenience to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the conduct Premises, and any other loss occasioned by such posting in conformance with this sentencethereby. For each of the aforesaid purposes, Landlord shall, until the date Tenant has completed Tenant’s Work, have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults, safes and files. Upon completion of Tenant’s business Work, Tenant shall change all locks on all doors and windows in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Premises at Tenant’s cost and shall take such reasonable steps as required to accomplish the stated purposesexpense. In an emergency, Landlord shall have the right at all times to use any and all means that which Landlord may deem proper appropriate to open the said doors in and an actual or perceived emergency, in order to obtain entry to the Premises. Any , without liability to Tenant except for any failure to exercise due care for Tenant’s property, and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by and 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 of the Premisesthereof.

Appears in 1 contract

Samples: www.acc.com

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord and its employees and agents shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s following prior written (e-mail is acceptable) notice to Tenant (which, 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 supply janitorial service and any other service required to be provided by Landlord to Tenant under this Lease, 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 (9) months year 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 or the Building, or for structural alterations, repairs or improvements to any other portion of the Building or Project, all without being deemed guilty of or liable for any breach of Landlord's covenant of quiet enjoyment or any eviction of Tenant, and without abatement of rent. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with Tenant's business. For each of the conduct foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of Tenant’s business in connection with entries into the doors in, upon and about the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leaseexcluding Tenant's vaults and safes, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises; provided, however, that Tenant reserves the right to not provide Landlord with a key to certain offices designed by Tenant in writing to Landlord; provided further, however, that Tenant hereby agrees to release Landlord from any liability, claim, loss or damage arising from Landlord's inability to access such offices. 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, 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 Premisesprovisions of Section 22.1, to the extent of Landlord's gross negligence or willful misconduct.

Appears in 1 contract

Samples: Office Lease (Maxwell Laboratories Inc /De/)

ENTRY BY LANDLORD. Provided, however, that any such entry by Tenant shall permit Landlord shall (i) remain subject and Landlord’s agents to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of enter the Premises, or the conduct of its business therein, then Landlord reserves the right Leased Premises at all reasonable times and upon not less than one (1) day’s prior written (eduring normal business hours for the purpose of inspecting the same or for the purpose of maintaining the Leased Premises, or for the purpose of making repairs, alterations, or additions to any portion of the Leased Premises required or permitted hereunder or for the purpose of posting notices of non-mail is acceptable) notice to Tenant (except in responsibility for alterations, additions, or repairs, or for the case purpose of an emergency) to enter showing the Premises to (i) inspect them; (ii) show the Leased Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants (but only during the last nine final six (96) months of the Lease Term), or placing upon the Leased Premises any usual or ordinary “for sale” signs, without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Leased Premises thereby occasioned; and shall permit Landlord at any time within six (6) months prior to the expiration of this Lease, to prospective tenants; place upon the Leased Premises any usual or ordinary “to let” or “to lease” signs. Landlord’s right of entry hereunder is conditioned upon the following: (iiia) post notices except as required to make an emergency repair, the receipt by Tenant of nonresponsibility at least twenty-four (24) hours’ prior written notice of its intent to enter the Leased Premises, which notice shall set forth with particularity the name of each individual seeking entry on behalf of the Landlord, (b) the execution by Landlord of a Confidentiality Agreement, to the extent applicable pursuant to then Applicable Law); or deemed necessary by Tenant, and (ivc) 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. Provided that Landlord employs commercially reasonable efforts such entry shall be conducted in such manner so as to minimize any interference with the conduct of Tenant’s business in connection with entries into operations. Notwithstanding the Premisesabove, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have Tenant herewith reserves the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any refuse entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, all or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the PremisesLeased Premises due to safety or security concerns of Tenant.

Appears in 1 contract

Samples: Lease Agreement (Haverty Furniture Companies Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (ior Landlord's property manager) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice to Tenant (but in all events at least 24 hours prior notice, except in the case of an emergencyemergency when no such notice shall be required) 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 's systems and equipment. Provided that Landlord employs commercially reasonable efforts Notwithstanding anything to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 27, Landlord (or Landlord's property manager) 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 (C) perform any covenants of Tenant which Tenant fails to perform. Landlord (or Landlord's property manager) may make any such entries without the abatement of Rent, Rent (except as otherwise expressly provided in this Lease, Section 19.7.2) and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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. With respect to any entry onto the Premises made by Landlord in accordance with the terms of this Article 27, 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. Notwithstanding anything to the contrary set forth above, Tenant may reasonably 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. Landlord may not enter such Secured Areas except in the case of emergency (when no such notice shall be required), to comply with Landlord's obligations under this Lease (or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with two [2] days' prior written notice of the specific date and time of such Landlord inspection), and/or as otherwise required by applicable Laws. Landlord shall not be obligated to provide to any areas designated by Tenant as Secured Areas janitorial or other customary Building services which require Landlord's entry to such Secured Areas.

Appears in 1 contract

Samples: Office Lease (Allied Esports Entertainment, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice to Tenant (except which notice, notwithstanding anything to the contrary contained within 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 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 Term prospective tenants, in each case upon not less than one (1) business days' notice; (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. Provided that Notwithstanding anything to the contrary contained in this Article 26, Landlord employs commercially reasonable efforts may enter the Premises at any time to minimize interference with (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the conduct manner provided herein; and C) perform any covenants of Tenant’s business in connection with entries into the Premises, Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant in writing. In an emergency, Landlord shall have the right to use any means that Landlord may deem S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 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. Landlord shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant's use and occupancy of the Premises as a result of any entry by Landlord permitted under this Article 26.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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 eighteen (918) 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. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially may enter the Premises at all reasonable efforts times and upon reasonable notice to minimize interference with (A) perform services required of Landlord, including janitorial service; or (B) perform any covenants of Tenant which Tenant fails to perform in the conduct of Tenant’s business in connection with entries into the Premises, manner set forth herein. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. Except as arises from the negligence or willful misconduct of Landlord or the 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 arising from Landlord’s entry upon or occupancy of 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.

Appears in 1 contract

Samples: Office Lease (Skechers Usa Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one twenty-four (124) day’s hours prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency, in which case prior notice shall not be required) 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. Provided 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 (C) correct any default under this Lease of Tenant that Landlord employs commercially reasonable efforts to minimize interference with is continuing beyond the conduct of Tenant’s business applicable notice and cure period set forth in connection with entries into the Premises, this Lease. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, all claims for such damage being hereby released. 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. No reentry into or taking of possession of the Premises by Landlord pursuant to this Article 27 shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. No notice from Landlord under this Lease or under a forcible entry and detainer statute or similar law will constitute an election by Landlord to terminate this Lease unless such notice specifically says so. Landlord reserves the right following any such reentry or re-letting, or both, to exercise its right to terminate this Lease by giving Tenant such written notice, and, in that event the Lease will terminate as specified in such notice.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s After reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right notice at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant least 24 hours in advance (except in emergencies, where no notice is required), Landlord and Landlord Parties shall at any and all times have the case of an emergency) right to enter the Premises to (i) inspect them; (ii) inspect, test, and examine the Premises, to supply janitorial service and any other service to be provided by Landlord to Tenant under this Lease, to show the Premises to mortgagees, prospective mortgagees, prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during tenants (but only in the last nine (9) 6 months of the Lease Termthen expiration of the Lease), to prospective tenants; (iii) post notices of nonresponsibility (notices, to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve improve, or repair the Premises or any other portion of the Building, or for structural alterationsany other reasonable purpose. Landlord may, repairs in order to carry out these activities, take all materials and supplies into the Premises that may be required for the purpose of performing the activities, and may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed. Landlord shall at all times have and retain keys, control cards, or improvements other means of access to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business all doors in connection with entries into the Premises, excluding Tenant's vaults and safes. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have has the right to use any and all means that Landlord may deem proper to open the any doors in and 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 pursuant to this Section 12 shall not be 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, and Tenant waives any claim for Damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss in, on, or about the Premises. Tenant shall not be due any abatement of Rent as a result of any entry to the Premises pursuant to this Section 12.

Appears in 1 contract

Samples: One Countryside Place (Payment Data Systems Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Tenant shall permit Landlord shall (i) remain subject and Landlord’s Agents to Tenant’s reasonable security enter into and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of upon the Premises, or the conduct of its business therein, then Landlord reserves the right Premises at all reasonable times and times, upon reasonable notice of not less than one twenty-four (124) day’s prior written (e-mail is acceptable) notice to Tenant hours (except in the case of an emergency) , for which no notice shall be required), and subject to enter Tenant’s reasonable security arrangements, for the Premises to (i) inspect them; (ii) show purpose of inspecting the same or showing the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers lenders or, during the last nine twelve (912) months of the Lease TermTerm (unless in connection with Landlord’s recapture of the Premises or a portion thereof, in which case Landlord may show the Premises or such applicable portion thereof at any time upon at least twenty-four (24) hours notice), to prospective tenants; (iii) post notices of nonresponsibility (, or to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or improve, maintain and repair the Premises or the BuildingBuilding as required or permitted of Landlord under the terms hereof, or for structural alterationsany other business purpose, repairs without any rebate of Rent and without any liability to Tenant for any loss of occupation or improvements quiet enjoyment of the Premises thereby occasioned (except for actual damages resulting from the gross negligence or willful misconduct of Landlord); and Tenant shall permit Landlord to post notices of non-responsibility and ordinary “for sale” or, during the Building or last eighteen (18) months of the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business Term (unless in connection with entries into Landlord’s recapture of the PremisesPremises or a portion thereof, in which case Landlord may make any post such entries without the abatement signage immediately upon notice of Rent, except as otherwise provided in this Lease, and such recapture) “for lease” signs. No such entry shall take such reasonable steps as required to accomplish the stated purposes. 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 construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual eviction or constructive eviction of Tenant from any portion of the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of an emergency and when Landlord otherwise deems such closure necessary.

Appears in 1 contract

Samples: Lease Agreement (OMNICELL, Inc)

ENTRY BY LANDLORD. ProvidedLandlord, howeverits agents, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security employees, and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency) to contractors may enter the Premises at any time in response to an emergency and at reasonable hours, with notice, to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders or tenants, except Premises may be shown to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants only during the last nine six (96) months of the Lease Termso long as Tenant is not in default of this Lease, (c) determine whether Tenant is complying with all its obligations in this Lease, (d) supply any service which this Lease obligates Landlord to prospective tenants; provide to Tenant, (iiie) post notices of nonresponsibility (to the extent applicable pursuant to then Applicable Law); non-responsibility or similar notices, or (ivf) altermake repairs required of Landlord under the terms of this Lease or repairs to any adjoining space or utility services or make repairs, improve or repair the Premises or the Building, or for structural alterations, repairs alterations or improvements to any other portion of the Building Business 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. Tenant by this Article 20.00 waives any claim against Landlord, its agents, employees or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts contractors for damages for: any injury or inconvenience to minimize or interference with the conduct Tenant's business, any loss of Tenant’s business in connection with entries into occupancy or quiet enjoyment of the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided caused by Landlord's negligence or acts. Landlord will at all times have and retain a key with which to unlock all of the doors in, on, or about the Premises (excluding Tenant's vaults, safes and similar areas designated in this Lease, and shall take such reasonable steps as required to accomplish the stated purposeswriting by Tenant in advance). In an emergency, Landlord shall will have the right to use any and all means that which 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 will 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 the Premises, nor will any such entry entitle Tenant to damages or an abatement of Monthly Base Rent, Additional Rent, or other charges which this Lease requires Tenant to pay.

Appears in 1 contract

Samples: Business Center Lease (Ion Networks Inc)

ENTRY BY LANDLORD. Provided, however, that Tenant shall permit Landlord and any such entry by Landlord shall mortgagee under a mortgage or beneficiary under a deed of trust encumbering the Building and their agents (ieach a “Lender”) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of enter the Premises, or the conduct of its business therein, then Landlord reserves the right Premises at all reasonable times and upon not times, on no less than one twenty four (124) day’s prior written hours notice, except in cases of an emergency, for the purpose of (a) inspecting them, (b) maintaining the Building, (c) making repairs, replacements, alterations or additions to any portion of the Building, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, (d) posting notices of non-responsibility for alterations, additions or repairs, (e-mail ) placing upon the Building any usual or ordinary “for sale” signs and showing the space to prospective purchasers, investors and lenders, or (f) placing on the Premises “to lease” signs or marketing and showing the Premises to prospective tenants at any time Tenant is acceptablein default hereunder (after Notice and the expiration of the applicable cure period) notice or otherwise within 180 days prior to the expiration of this Lease, without any rebate of Rent (except as otherwise provided in the Lease) and without any liability to Tenant (for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, provided Tenant’s ability to use the Premises is not unreasonably disturbed and such access is scheduled to prevent as little inconvenience to Tenant as commercially reasonable. 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. Landlord may not enter such Secured Areas except in the case of an emergencyemergency or in the event of a Landlord inspection or repairs, in which case Landlord shall provide Tenant with ten (10) 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 days prior written notice of the Lease Term, to prospective tenants; (iii) post notices specific date and time 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 Buildingsuch Landlord inspection. Landlord’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Initials Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. 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.Initials

Appears in 1 contract

Samples: Net Lease (Centillium Communications Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not reasonable notice to Tenant, but in no event upon less than one forty-eight (148) day’s hours’ prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency) , in which event no written notice shall be required), 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. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts may enter the Premises at any time to minimize interference with (A) take possession due to any breach of this Lease in the conduct manner provided herein; and (B) perform any covenants of Tenant’s business in connection with entries into Tenant which Tenant fails to perform (subject to the Premises, terms and conditions of this Lease). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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. Landlord shall use commercially reasonable efforts to minimize any interference to the conduct of Tenant's business during any such entry. Landlord’s entry into the Premises shall be subject to Tenant’s commercially reasonable security requirements. Landlord acknowledges and agrees that Tenant may require that Landlord be accompanied by an employee of Tenant during any such entry into the Premises by Landlord. Notwithstanding the foregoing, Landlord may enter the Premises immediately in the event of an emergency without regard to such requirements. If access to the Premises is reasonably required in order for Landlord to perform any of its obligations under this Lease, and if Landlord is not timely provided with access to the Premises as a result of Tenant’s security requirements or Tenant’s requirement that Landlord be accompanied by an employee of Tenant, then (a) Landlord shall have no liability to Tenant for Landlord's failure to perform such obligations as a result thereof or any damage accrued during such period, (b) Tenant hereby waives all claims against Landlord at law or in equity as a result of such failure by Landlord or any damage accrued during such period, and (c) Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability accrued during any such period.

Appears in 1 contract

Samples: Office Lease (C3.ai, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right and Tenant shall permit Landlord, and its authorized representatives, partners, investors, lenders and any other Landlord invitees, to enter the Premises at all reasonable times and upon not less than one having given at least twenty-four (124) dayhours’ prior notice (which notice shall be in writing, which may include email; provided, however, if, following Landlord’s prior written (e-mail is acceptable) transmission of the notice to Tenant (except in via email, Tenant fails to receive Landlord’s notice, the case validity of an emergencythe notice shall not be affected by such failure) to enter the Premises to for purposes of (i) inspect theminspecting, performing maintenance or making alterations of the Premises or any other portion of the Building, including the erection and maintenance of such scaffolding, canopies, fences, and props as Landlord may reasonably require; (ii) posting notices of non-responsibility or non-liability for alterations or repairs; or (iii) showing or submitting the Premises to prospective purchasers or tenants (provided that Landlord agrees that except in the event (A) Tenant is in default under this Lease beyond any applicable notice and cure periods, (B) Landlord and Tenant have agreed to an early termination of this Lease and the early termination date of this Lease is nine (9) months from the date of such showing, or (C) Landlord and Tenant otherwise mutually agree to the contrary, Landlord shall not show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants except during the last nine (9) months of the Lease Termthen current Term of this Lease), all of which actions Landlord may take without any abatement of Rent. The rights of Landlord, its agents, contractors and representatives under this Paragraph 18 shall be subject to prospective tenantsthe following: (a) promptly finishing any work for which it entered, and promptly repairing any damage caused to the Premises by Landlord or anyone accessing the Premises under this Section; (iiib) post notices (unless impracticable in case of nonresponsibility (to the extent applicable pursuant to then Applicable Law); or (ivan emergency) 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. Provided that Landlord employs commercially reasonable efforts to minimize interference complying with the conduct all of Tenant’s business reasonable security and safety regulations; (c) (unless impracticable in connection case of an emergency) if Tenant so elects, Landlord shall be accompanied by a representative of Tenant during any such entry; and (d) (unless impracticable in case of an emergency) Landlord shall not unreasonably interfere with entries into or adversely affect Tenant’s use of, or access to, the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by such entry stemming from Landlord’s actions as they relate to this Paragraph 18 solely. Landlord may make any shall use reasonable efforts in order that the entrance to the Premises shall not be blocked by the making of such entries without alterations or the abatement performing of Rentsuch maintenance and that the business of Tenant shall not thereby be interfered with unreasonably. For each of the aforesaid purposes, except as otherwise provided in this LeaseLandlord shall at all times have and retain a key with which to unlock all of the doors in, upon, and shall take such reasonable steps about the Premises, excluding Tenant's vaults and safes and Secured Areas (as required to accomplish the stated purposes. In an emergencyhereinafter defined), 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 PremisesPremises including entry to any Secured Area. 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 of, of the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof. Landlord has the right to make alterations to the Building or demolish or erect other buildings on the real property adjacent thereto. Except as otherwise set forth herein, Tenant will not in such event be entitled to any direct or consequential damages for any damage or inconvenience occasioned thereby, provided Landlord will use its reasonable efforts to accomplish such work in such a manner as to minimize any inconvenience to Tenant and otherwise comply with its obligations under this Section 18. Notwithstanding the foregoing, except (a) to the extent requested by Tenant, (b) in connection with scheduled maintenance programs, and/or (c) in the event of an emergency, Landlord shall provide to Tenant reasonable prior notice (either written (including by electronic mail) or oral notice, provided if oral notice is given Landlord will endeavor to provide an acknowledgement by email) before Landlord enters the Premises to perform any repairs therein. Notwithstanding anything herein to the contrary, Tenant may designate in writing certain areas of the PremisesPremises as “Secured Areas” should Tenant require such areas for the purpose of securing confidential information or valuable property. The Secured Areas shall include Tenant’s telecom/server room.

Appears in 1 contract

Samples: Office Lease (Sentinel Labs, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than reasonable (i.e., at least one (1) business day’s prior written (e-mail is acceptable’s) 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) altermake reasonably necessary alterations, improve improvements or repair repairs to the Premises or the Building, or for structural alterations, repairs or improvements Building Systems. Notwithstanding anything to the Building or contrary contained in this Article 27, Landlord may enter the Building’s systems 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 equipment(C) perform any covenants of Tenant which Tenant fails to perform within applicable notice and cure periods. Provided that Landlord employs shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with such entries into the Premises, . Tenant shall additionally have the right to require that Landlord be accompanied by a representative of Tenant during any such entry so long as Tenant makes a representative available at commercially reasonable times. 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 may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, including, without limitation, Section 19.5.2 of this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord and its employees and agents shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s following prior written (e-mail is acceptable) 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 liable for any breach of Landlord's covenant of quiet enjoyment or any eviction of Tenant, and without abatement of rent. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease's business, and shall take provide Tenant with reasonable advance written notice of such reasonable steps as required to accomplish the stated purposesentry (except in emergency situations). In an emergency, 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.

Appears in 1 contract

Samples: Single (Alliance Pharmaceutical Corp)

ENTRY BY LANDLORD. ProvidedDuring the last six (6) Lease Months of the Term, howeverLandlord may enter the Premises to show it to prospective tenants with twenty-four (24) hours’ advance written notice and during Normal Business Hours. Landlord, that its agents, contractors and representatives may enter the Premises to inspect or examine the Premises, to clean and make repairs, alterations or additions to the Premises as reasonably necessary or proper for the safety, improvement or preservation of the Premises, and, subject to Section 7.B of this Lease, to conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants’ premises, so long as any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) does not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except . Except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, emergencies or to current or prospective mortgageesprovide janitorial and other Building services after Normal Business Hours, ground or underlying lessors or insurers or, during the last nine Landlord shall provide Tenant with at least twenty-four (924) months hours’ prior notice 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. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries any such entry into the Premises, Landlord which may make any such entries without be given orally. Subject to the abatement terms of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergencySection 7.B above, Landlord shall have the right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions, if reasonably necessary for the protection and safety of Tenant and its employees. Except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours; provided, however, that subject to Section 7.B above, Landlord is not required to conduct work on weekends or after Normal Business Hours if such work can be conducted without closing the Premises and without unreasonable interference with Tenant’s use any means that Landlord may deem proper to open the doors in and to occupancy of the Premises. Any Subject to the terms of Section 7.B above, entry by Landlord for any such purposes shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the above, any entry into the Premises by Landlord Secured Areas shall be in accordance with 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 provisions of Tenant from any portion of the Premises.Section 5.C.

Appears in 1 contract

Samples: Office Lease (Pier 1 Imports Inc/De)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency) to may enter the Premises at reasonable hours to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers or, (during the last nine (9) six months of the Lease TermTerm only) tenants, (c) determine whether Tenant is complying with all its obligations hereunder, (d) supply any service to prospective tenants; be provided by Landlord to Tenant hereunder, (iiie) post notices of nonresponsibility non-responsibility and (to the extent applicable pursuant to then Applicable Law); or (ivf) alter, improve or repair make repairs in the Premises or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building. Without limiting the foregoing, Landlord may, at any time or from time to time during the Term, perform repair and maintenance work for structural alterations, repairs or improvements which Landlord is responsible under this Lease in and to the Building or the systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s systems 's exterior facade, exterior window glass, or Standard Building Systems), any of which work may require access to the same from within the Premises. Tenant agrees that (a) Landlord shall have access to the Premises at all reasonable times, upon reasonable notice, for the purpose of performing such work, and equipment(b) Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any abatement of rent on account of any noise, vibration, order, or other disturbance or annoyance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises and Tenant's ability to conduct its business on the Premises is not substantially impaired thereby) which shall arise out of said access by Landlord or by the performance by Landlord of the aforesaid renovations at the Building. Provided that Landlord employs commercially shall use reasonable efforts (which shall not include any obligation to minimize employ labor at overtime rates) to avoid disruption of Tenant's business and to comply with Tenant's reasonable security measures during any such entry upon the Premises by Landlord. Except in the case of emergency, Landlord and Landlord's agents shall provide Tenant with one (1) business day's notice before entering the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make Premises or any other loss occasioned by any such entry or entries without made by Landlord pursuant to any of the abatement foregoing. Landlord shall at all times have and retain keys with which to unlock all of Rentthe doors in, except as otherwise provided in this Leaseon or about the Premises (excluding Tenant's vaults, safes and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, similar secure areas designated by Tenant); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such 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 the Premisesthereof.

Appears in 1 contract

Samples: Commercial Office Lease (Tut Systems Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon not less than one at least twenty-four (124) day’s hours prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency, provided that Landlord shall use commercially reasonable efforts to deliver advance notice (which may be oral or written) as far in advance as practicable in the case of emergencies, also) 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 Base Building, or for structural alterations, repairs or improvements . Notwithstanding anything to the Building or contrary contained in this Article 27, Landlord may enter the Building’s systems Premises at any time to (A) perform services required of Landlord, including operation of the Fitness Center; (B) take possession due to any breach of this Lease in any manner permitted by Applicable Laws; and equipment(C) perform any covenants of Tenant which Tenant fails to perform pursuant to Landlord's rights under this Lease. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes; provided, however, any such entry 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. 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 necessary and 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 as is reasonably required 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. A representative of Tenant shall accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant's commercially reasonable privacy procedures and restrictions in connection with such entry (including executing a commercially reasonable form of non-disclosure agreement); provided, however, the foregoing shall not apply in the case of an emergency where a representative of Tenant is not reasonably available to accompany 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.

Appears in 1 contract

Samples: Oyster Point (Cytokinetics Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times during Tenant’s normal business hours on business days and upon not less than one at least twenty-four (124) day’s hours prior written (e-mail is acceptable) 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, or during the last nine twelve (912) months of the Lease TermTerm with respect to each Tranche, show such Tranche 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. Provided that Landlord employs shall use commercially reasonable efforts to minimize interference with the conduct operation of Tenant’s business in connection with entries into at the Premises during any entry by Landlord unto the Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any reasonable 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 (C) subject to Section 26.1 above, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. 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 Secured Areas (as defined below). 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 other than those repairs, alterations or decorations that Landlord has expressly agreed to perform under this Lease. Tenant may reasonably restrict access by any visitor whom Landlord intends to bring onto the Premises who is, or may reasonably be suspected by Tenant to be, a competitor of Tenant. Tenant shall at all times, except in the case of emergencies, have the right to escort Landlord or any Landlord Parties while the same are in 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 (1) such repair or maintenance is required in order to maintain and repair the Base Building; (2) as required by applicable Law, or (3) in response to specific requests by Tenant and in accordance with a Schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Access to the Premises by Landlord shall be in accordance with the security, safety and confidentiality requirements that Tenant may reasonably adopt from time to time, including, without limitation, a requirement that persons (including Landlord or Landlord Parties) having access to the Premises shall sign and deliver to Tenant a confidentiality and nondisclosure agreement in form and content reasonably acceptable to Tenant.

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice to Tenant (except in the case of an emergencyemergency or if a judgment of unlawful detainer has been entered against Tenant) to enter the Premises escorted by Tenant’s employees (if Tenant provides an employee at such time) to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors Mortgagees 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 systems and equipment. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts may enter the Premises at any time to minimize interference with (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the conduct manner provided herein; and (C) perform any covenants of Tenant’s business in connection with entries into the Premises, Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except as expressly provided to the contrary herein. 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. Upon request, in connection with such entries, Landlord shall execute a commercially reasonable non-disclosure agreement and a commercially reasonable HIPAA “business associate agreement.” 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. Landlord shall repair any and all damage made to Tenant’s Premises made by Landlord’s entry unless such entry is made to remedy acts, omissions, negligence or breaches of this Lease by Tenant. 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.

Appears in 1 contract

Samples: Office Lease (HMS Holdings Corp)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right and Tenant shall permit Landlord and its authorized representatives to enter the Premises at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable advance notice to Tenant (except in the case of an emergency) to enter the Premises to for purposes of (i) inspect theminspecting; (ii) show posting notices of non-responsibility or non-liability for alterations or repairs; (iii) placing upon the Premises any usual or ordinary “for rent” signs; or (iv) showing or submitting the Premises to prospective purchasers, or to current or prospective mortgageeslenders, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, tenants (provided, however, that Tenant shall have the right, as a condition to prospective tenants; (iii) post notices of nonresponsibility (Landlord’s ability to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair show the Premises or to third parties, to require that any such third parties execute and deliver a commercially reasonable nondisclosure agreement prior to their entry into the BuildingPremises), or for structural alterationsall of which actions Landlord may take without any abatement of Rent. Given that Tenant’s use of the Premises will include the installation and operation of sensitive mechanical components, repairs or improvements Tenant shall have the right, except in the case of emergency, to require that a representative of Tenant accompany Landlord (and any such third parties) during the Building or course of any such entry into the Building’s systems and equipmentPremises. Provided that Landlord employs commercially reasonable complies with the terms of this Paragraph 18, Tenant hereby waives any claim for damages for any injury or inconvenience to or interference’s with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by such entry. Landlord shall use good faith efforts to minimize interference ensure that any such entry will not interfere with Tenant’s use of the conduct of Premises (or any portion thereof) for Tenant’s business in connection purposes. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with entries into which to unlock all of the doors in, upon, and about the Premises, Landlord may make any such entries without the abatement of Rentexcluding Tenant’s vaults, except as otherwise provided in this Leasesafes or secured areas, and shall take such reasonable steps as required to accomplish the stated purposes. 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 under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premisesthereof. Tenant will not in such event be entitled to any direct or consequential damages for any damage or inconvenience occasioned thereby, but Landlord will use its reasonable efforts to accomplish such entry in such a manner as to minimize any inconvenience to Tenant.

Appears in 1 contract

Samples: Lease (Colonnade Acquisition Corp.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon not less than at least one (1) day’s business day prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency, in which case Landlord shall be permitted to immediately enter the Premises) 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 six (96) 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 Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Provided that Notwithstanding anything to the contrary contained herein, Tenant shall be entitled, during the Lease Term, to designate certain portions of the Premises as a "Secured Area" and to control access to such areas as reasonably necessary to secure such Secured Area(s). The Secured Areas shall be comprised of Tenant's lab space and IT room. Landlord employs and Tenant hereby agree and acknowledge that, except in the case of an emergency, Landlord shall enter such Secured Area only upon one (1) business days prior notice to Tenant and only after providing Tenant with the opportunity to have a representative of Tenant present as an escort. Landlord and Tenant hereby agree to use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with schedule any such entries into the PremisesSecured Areas by Landlord at times that are mutually convenience to both Landlord and Tenant, taking into consideration the nature of Tenant's operations in the Premises and the nature of the desired entry. 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 (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes; 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 entry 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 not materially interfere with Tenant's use of, or access to, 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. Landlord will exercise its rights pursuant to this Article 27 in a manner so as to minimize any unreasonable interference with Tenant's use of the Premises.

Appears in 1 contract

Samples: Office Lease (St. Bernard Software, Inc.)

ENTRY BY LANDLORD. ProvidedExcept as otherwise expressly provided herein below, however, Landlord shall have the right to enter the Premises at reasonable hours upon at least forty-eight (48) hours advance notice (provided that any such entry no advance notice need be given if an emergency (as determined by Landlord shall in its good faith judgment) necessitates an immediate entry), to (ia) remain subject inspect the Premises, (b) exhibit the Premises to Tenant’s reasonable security and privacy measures; prospective purchasers, tenants or lenders, (c) post notices of non-responsibility, (d) make any repairs to the Premises, and (iie) conduct invasive and non-invasive tests, analysis, investigations and studies of the condition of the Premises provided that such construction activity does not unreasonably interfere with TenantXxxxxx’s use and occupancy of the Premises; provided that, or the conduct of its business therein, then Landlord reserves the right shall at all reasonable times be accompanied by a representative of Tenant during any entry into the Building by Landlord (or so long as Tenant makes a representative available). Tenant waives all claims for damages for any injury or inconvenience to or interference with Xxxxxx’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry provided that any such entry (and upon not less than one (1any work in connection therewith) day’s prior written (e-mail is acceptable) notice shall be concluded as promptly as reasonably practicable and so as to cause as little interference to Tenant (except in the case of an emergency) to enter as reasonably practicable. In any entrance into the Premises pursuant to (i) inspect them; (ii) show the Premises provisions of this Section 4.5, Landlord shall comply with Tenant’s reasonable security and confidentiality procedures previously detailed by Tenant to prospective purchasersLandlord, 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 (except to the extent applicable pursuant Landlord or its agents reasonably determine that an emergency makes compliance with such procedures impracticable. Notwithstanding anything to then Applicable Law); or (iv) alterthe contrary contained in this Section 4.5, improve or repair Tenant may designate certain areas of the Premises or the Buildingas “Secured Areas” as reasonably required for purposes of securing certain valuable property and confidential information, or for structural alterationsincluding, repairs or improvements to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premiseswithout limitation, Landlord as may make any such entries without the abatement of Rent, except as otherwise provided in this Leasebe required by legal Requirements, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the no right whatsoever to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises enter such Secured Areas unless accompanied 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 representative of Tenant from any portion of the PremisesTenant.

Appears in 1 contract

Samples: Basic Lease Information (Maravai Lifesciences Holdings, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by 1.1 Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves have the right at all to enter the Premises reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) first giving at least 48 hours’ notice to Tenant (except in the case of an emergency, in which reasonable notice may be less than 48 hours) to enter the Premises to (ia) inspect them; the Premises, (iib) show exhibit the Premises to prospective purchaserspurchasers or lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers or, and during the last nine final twelve (912) months of the Lease Term, to prospective tenants; , (iiic) determine whether Tenant is performing all of its obligations hereunder, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility nonresponsibility, and (f) make any repairs to the extent applicable pursuant Premises, or make any repairs to then Applicable Law); any adjoining space or (iv) alterutility services, improve or repair make any repairs, alterations or improvements to any other portion of the Building, provided all such work shall be done as promptly as reasonably practicable and so as to cause as little interference to Tenant as reasonably practicable. So long as such entry by Xxxxxxxx does not materially adversely affect Tenant’s access to and use of the Premises, Tenant waives all claims for damages for any injury or inconvenience to or interference with Xxxxxx’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the Buildingdoors in, on or for structural alterations, repairs or improvements to about the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Premises (but excluding Tenant’s business in connection with entries into the Premisesvaults, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leasesafes, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergencyspecial security areas designated in writing by Tenant and approved in writing by Landlord in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means, or otherwise, shall 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.thereof. 1131701.06/SF372493-00050/1-31-20/pwn/pwn -22-

Appears in 1 contract

Samples: Lease (Dexcom Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Tenant shall permit Landlord shall (i) remain subject and Landlord's Agents to Tenant’s reasonable security enter into and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of upon the Premises, or the conduct of its business therein, then Landlord reserves the right Premises at all reasonable times and times, upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice to Tenant at least 24 hours in advance of such entry (except in the case of an emergency) , for which no notice shall be required), and subject to enter Tenant's reasonable security arrangements, for the Premises to (i) inspect them; (ii) show purpose of inspecting the same or showing the Premises to prospective purchasers, lenders 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 tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or improve, maintain and repair the Premises or the BuildingBuilding as required or permitted of Landlord under the terms hereof, or for structural alterationsany other business purpose, repairs without any rebate of Rent and without any liability to Tenant for any loss of occupation or improvements quiet enjoyment of the Premises thereby occasioned (except for actual damages resulting from the sole active gross negligence or willful misconduct of Landlord or any of Landlord's Agents); and Tenant shall permit Landlord to post notices of non-responsibility and ordinary "for lease" signs during the Building or last six months of the Building’s systems Term, provided that such "for lease" signs to be placed in a location that does not interfere with Tenant's then-existing signage, and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct size of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leasewhich shall not exceed one hundred (100) square feet, and shall take include such reasonable steps riders as required may be reasonably requested by Tenant (such as "do not disturb occupant" and "tenant relocating to accomplish the stated purposeslarger space"). In an emergency, Landlord No such entry 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 construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual eviction or constructive eviction of Tenant from any portion of the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of an emergency.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Corp)

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ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord and its employees and agents shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in have the case of an emergency) right to enter the Premises to (i) inspect them; (ii) show the same, to supply any service required to be provided by Landlord to Tenant under this Lease, 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 (9) months year of the Lease TermTerm or during any default by Tenant, 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 or the Building, or for structural alterations, repairs or improvements to any other portion of the Building or Property, all without being deemed guilty of or liable for any breach of Landlord’s covenant of quiet enjoyment or any eviction of Tenant, and without abatement of Rent. In exercising such entry rights, Landlord shall endeavor to minimize, to the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize extent reasonably practicable, the interference with the conduct of Tenant’s business business, and shall provide Tenant with reasonable advance notice (oral or written of at least 24 hours except in connection the event of an emergency) of such entry (except in emergency situations and for scheduled services). For each of the foregoing purposes, Landlord shall at all times have and retain a key with entries into which to unlock all of the doors in, upon and about the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leaseexcluding Tenant’s vaults and safes, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any 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 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 the PremisesRent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by Landlord.

Appears in 1 contract

Samples: Zhone Technologies Inc

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times during normal Business Hours except in the event of an emergency and upon not less than one (1) day’s prior business day written (e-mail is acceptable) notice to Tenant (except in the case of an emergency, in which event no prior notice shall be required) to enter the Premises other than Secured Areas (except in the case of an emergency) to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, brokers, investors or (during the last twelve (12) months of the Lease Term only) 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 Building systems to the extent permitted by the terms and equipmentconditions of this Lease. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts may enter the Premises at any time to minimize interference with (A) perform services required of Landlord, including janitorial service; (B) to the conduct extent permitted by applicable law, take possession due to any breach of Tenant’s business this Lease in connection with entries into the Premises, manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. 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 the Premises. 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 "Secured Areas," as that term is defined below. 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. Tenant shall at all times, except in the case of emergencies, have the right to escort Landlord or any Landlord Parties while the same are in the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may reasonably designate in writing certain areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information or for any other similar business purpose. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency (an emergency meaning threat of imminent harm or injury to persons or property). Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such Secured Areas after coordinating any such necessary entry with Tenant in a manner that is acceptable to Tenant.

Appears in 1 contract

Samples: Office Lease (Atlassian Corp PLC)

ENTRY BY LANDLORD. Provided, however, that any such entry by Tenant shall permit Landlord shall (i) remain subject and Landlord's agents to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of enter the Premises, or the conduct of its business therein, then Landlord reserves the right Leased Premises at all reasonable times and upon not less than one (1) day’s prior written (eduring normal business hours for the purpose of inspecting the same or for the purpose of maintaining the Leased Premises, or for the purpose of making repairs, alterations, or additions to any portion of the Leased Premises required or permitted hereunder or for the purpose of posting notices of non-mail is acceptable) notice to Tenant (except in responsibility for alterations, additions, or repairs, or for the case purpose of an emergency) to enter showing the Premises to (i) inspect them; (ii) show the Leased Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants (but only during the last nine final six (96) months of the Lease Term), or placing upon the Leased Premises any usual or ordinary "for sale" signs, without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Leased Premises thereby occasioned; and shall permit Landlord at any time within six (6) months prior to the expiration of this Lease, to prospective tenants; place upon the Leased Premises any usual or ordinary "to let" or "to lease" signs. Landlord's right of entry hereunder is conditioned upon the following: (iiia) post notices except as required to make an emergency repair, the receipt by Tenant of nonresponsibility at least twenty-four (24) hours' prior written notice of its intent to enter the Leased Premises, which notice shall set forth with particularity the name of each individual seeking entry on behalf of the Landlord, (b) the execution by Landlord of a Confidentiality Agreement, to the extent applicable pursuant to then Applicable Law); or deemed necessary by Tenant, and (ivc) 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. Provided that Landlord employs commercially reasonable efforts such entry shall be conducted in such manner so as to minimize any interference with Tenant's business operations. Notwithstanding the conduct of Tenant’s business in connection with entries into the Premisesabove, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have Tenant herewith reserves the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any refuse entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, all or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the PremisesLeased Premises due to safety or security concerns of Tenant.

Appears in 1 contract

Samples: Lease Agreement (Haverty Furniture Companies Inc)

ENTRY BY LANDLORD. ProvidedUpon at least twenty-four (24) hours prior written notice (which notice can be provided by email to Bxxxxx Xxxxxxxxx bxxxxxxxxx@xxxxxx.xxx and JXxxxxxxxx@xxxxxx.xxx) to Tenant (except in case of emergency, however, that any such entry by Landlord where no prior notice shall (ibe required) remain and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord and privacy measuresLandlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, for the following purposes: (i) inspecting and maintaining the Premises; and (ii) not unreasonably interfere making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non-responsibility for any construction, alteration or repair thereof, as required or permitted by any Law, and (vi) placing “For Sale” signs, and showing the Premises to Landlord’s existing or potential successors, purchasers and lenders; provided that except for emergencies, any such entry shall be performed in a commercially reasonable manner in order to minimize the interference with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves Premises and Tenant shall have the right to require that Landlord be accompanied by a representative of Tenant during any such entry so long as Tenant makes a representative available at all commercially reasonable times and upon times. Notwithstanding anything to the contrary, 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 less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (enter such Secured Areas except in the case event of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers. Tenant shall permit Landlord and Landlord’s agents, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last at any time within nine (9) months of prior to the Expiration Date (or at any time during the Lease TermTerm that Tenant is in default hereunder), to place upon the Premises “For Lease” signs, and exhibit the Premises to real estate brokers and prospective tenants; tenants at reasonable hours. At any time when Tenant does not rent all rentable space in the Project, and at any time within nine (iii9) post notices of nonresponsibility (months prior to the extent applicable pursuant to then Applicable Law); Expiration Date (or (ivat any time during the Lease Term that Tenant is in default hereunder) alter, improve or repair if Tenant does rent all rentable space in the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergencyProject, Landlord shall have the right to use any means that Landlord may deem proper to open place “For Lease” signs within 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 Premisesexterior Common Area.

Appears in 1 contract

Samples: Lease (Cutera Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one reasonable written notice (1which can be by email for purposes of this Article 27 only) day’s prior written (e-mail is acceptable) 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, 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)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. Notwithstanding anything to the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 27, Landlord may make 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; (C) perform any covenants of Tenant which Tenant fails to perform or (D) to address an emergency. Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes, computer server room 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.

Appears in 1 contract

Samples: Office Lease (Capitol Investment Corp. V)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord and its employees and agents shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in have the case of an emergency) right to enter the Premises to (i) inspect them; (ii) show the same, to supply janitorial service and any other service required to be provided by Landlord to Tenant under this Lease, to exhibit the Premises to prospective purchasers, lenders or to current purchasers (or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months year 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 or the Building, or for structural alterations, repairs or improvements to any other portion of the Building or Project. The foregoing entries by Landlord will not entitle Tenant to an abatement of rent or constitute breach of Landlord's covenant of quiet enjoyment, except to the Building’s systems extent that improvements or repairs to the Premises or the Project are performed by Landlord in a negligent manner (other than those resulting from the acts or neglect of Tenant) and equipment. Provided that Landlord employs commercially reasonable efforts to minimize result in a material interference with the conduct of Tenant’s business 's business. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and shall provide Tenant with reasonable advance written notice of such entry (except in connection emergency situations and for scheduled services). Any dispute between the parties concerning Landlord's conduct under this Section 15 will be resolved pursuant to Section 24 of this Lease. For each of the foregoing purposes, Landlord shall at all times have and retain a key with entries into which to unlock all of the doors in, upon and about the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leaseexcluding Tenant's vaults and safes, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any 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 Except with respect to scheduled janitorial services, Landlord will not be entitled to access to the Premises by Landlord in without the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or accompaniment of an actual or constructive eviction officer of Tenant from any portion or person designated by an officer of the PremisesTenant.

Appears in 1 contract

Samples: Office Lease (Good Guys Inc)

ENTRY BY LANDLORD. ProvidedTenant shall permit Landlord and his agents to enter into and upon said Premises at all reasonable times and with reasonable notice, however, that subject to any such entry by Landlord shall security regulations of Tenant for the purposes of (i) remain subject to Tenant’s reasonable security and privacy measures; and inspecting the same, (ii) maintaining the Premises, (iii) making repairs, alterations or additions to the Premises which Landlord is otherwise entitled to make under this Lease, or (iv) performing any obligations of the Landlord under the Lease including remediation of hazardous materials if determined to be the responsibility of Landlord, without any abatement or reduction of rent or without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned; except to the extent that Landlord's occupancy on the Premises materially affects Tenant's orderly, reasonable use of the Premises, then Tenant shall be entitled to a proportionate reduction of Base Monthly Rent, such proportionate reduction to be based upon the extent to which Landlord's entry and presence shall interfere with the business carried on by Tenant in the Premises, in the reasonable judgment of Landlord and Tenant. Tenant shall permit Landlord and his agents, at any time within one hundred eighty (180) days prior to the Expiration Date (or at any time during the Lease if Tenant is in default hereunder), to place upon the Premises "For Lease" signs and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. Notwithstanding the foregoing, Landlord (i) shall not enter the Premises without first giving twenty-four (24) hours notice to Tenant of such entry except in the case of emergency, (ii) shall be accompanied by an employee of Tenant at all times while in the Premises, (iii) shall comply with Tenant's security procedures applicable to the Premises, and (iv) shall not unreasonably interfere with Tenant’s 's use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. 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.

Appears in 1 contract

Samples: Diagnostic Retrieval Systems Inc

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon on not less than one (1) day’s business days’ prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to (a) prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, or (b) to prospective tenants during the last nine six (96) 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, Building 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. Provided as Landlord may otherwise reasonably desire or deem necessary; provided, that Landlord employs shall use commercially reasonable efforts to minimize interference with enter the conduct of Premises only during Tenant’s normal business hours, and further provided, that Landlord shall use commercially reasonable efforts to perform any work under clause (iv) above during times other than Tenant’s normal business hours. Notwithstanding anything to the contrary contained in connection with entries into the Premisesthis Article 22, Landlord may make enter the Premises at any time, without notice to Tenant, to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided that in connection with any such entry Landlord shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant’s use and occupancy of the Premises. 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.

Appears in 1 contract

Samples: Office Lease (Yelp! Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at At all reasonable times and upon not less than one reasonable upon at least twenty-four (124) day’s hours’ prior written (e-mail is acceptable) notice to Tenant (except Tenant, or in the case of an emergency) to , Landlord may enter the Premises to (i) inspect themthe Premises; (ii) show the Premises to prospective purchasers, or to current or prospective mortgageesSecurity Holders or insurers, ground or underlying lessors or insurers or, during the last nine (9) 9 months of the Lease TermTerm (or while an uncured Default exists), 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 Building, or for structural alterationsperform maintenance, repairs or improvements alterations. At any time and without notice to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make enter the Premises to perform required services. If reasonably necessary, Landlord may temporarily close any such entries without portion of the abatement of RentPremises to perform maintenance, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposesrepairs or alterations. In an emergency, Landlord shall have the right to may use any means that Landlord may deem it deems proper to open the doors to and in and to the Premises. Any No entry into or closure of any portion of the Premises by pursuant to this Section 18 shall render Landlord in the manner hereinbefore described shall not be deemed liable to be Tenant, constitute a forcible or unlawful entry intoconstructive eviction, or a detainer of, the Premises, or an actual or constructive eviction of excuse Tenant from any obligation hereunder; provided, however, that Landlord shall use commercially reasonable efforts to minimize the disruption to Tenant’s use and enjoyment of the Premises. Notwithstanding the foregoing or any other provision of this Lease, except in the event of an emergency, Landlord Parties must in all events, provided that Tenant makes its representatives available to Landlord, be escorted by such representatives in the Premises. Tenant acknowledges and agrees that, to the extent Tenant does not facilitate Landlord’s access to the Premises or certain portions thereof, Landlord shall be absolved from the obligation to perform any services under this Lease within such portion of the Premises.

Appears in 1 contract

Samples: Office Lease (Immersion Corp)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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 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. Provided In addition, during the last twelve (12) months to the Term, Landlord shall have the right to show the Premises to prospective tenants upon reasonable prior oral or written notice to Tenant. 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 (C) perform any covenants of Tenant regarding repairs to the Premises which Tenant fails to perform after written notice from Landlord (except that Landlord employs commercially reasonable efforts shall not be required to minimize interference with give prior notice in the conduct event of Tenant’s business in connection with entries into the Premises, an emergency). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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.

Appears in 1 contract

Samples: Office Lease (Bare Escentuals Inc)

ENTRY BY LANDLORD. ProvidedUnless an emergency exists, howeverwith at least two (2) business days notice, that any such entry by Tenant shall permit Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency) Parties to enter the Premises during regular business hours for the purpose of (a) inspecting the Premises, (b) maintaining the Project or any part thereof, (c) making repairs, alterations or additions to any portion of the Project, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required therefor, (id) inspect them; posting notices of non-responsibility for Alterations or repairs, (iie) show showing the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last six (6) months of the Lease Term, (f) exercising and performing Landlord’s rights and obligations under this Lease, or (g) placing upon the Project, or any portion thereof, any usual or ordinary “for sale” signs, all without any right of Tenant to an offset against or abatement of Rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Landlord shall have the right, at any time within the final 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 place upon the Premises any usual or ordinary “for lease” signs. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this LeasePermitted Use, and shall take provide Tenant with at least two (2) business days advance telephonic notice of such reasonable steps as required to accomplish the stated purposesentry (except in emergency situations, or if an Event of Default has occurred, or in cases of routine maintenance or cleaning, in which cases no notice shall be required). In an emergency, Landlord shall have the right to may use any means that which Landlord may deem proper to open the doors in and obtain entry to the PremisesPremises in an emergency. Any entry into to the Premises by Landlord in the manner hereinbefore described shall not 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 any portion of the Premises, or grounds for any abatement or reduction of Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Greenwood Hall, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; its representatives and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves independent contractors reserve the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice to Tenant (except in the case of an emergency) to enter the Premises with a representative of Tenant 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) inspect and/or maintain the monitoring well(s) located inside the Premises and in the Common Area or parking area serving the Premises (the "MONITORING Well(s)") and for purposes of servicing the extraction unit located in the parking area (the "EXTRACTION UNIT"); (iv) post notices of nonresponsibility (to the extent applicable pursuant to then Applicable Law)nonresponsibility; or (ivv) 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. Notwithstanding anything to the Building’s systems 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 equipment(C) perform any covenants of Tenant which Xxxxxx fails to perform. Provided Tenant hereby acknowledges that Landlord employs commercially reasonable efforts the Monitoring Well(s) and Extraction Unit have been placed within the Project for the purposes of monitoring and assessing the Existing Hazardous Materials, as the same is hereinafter defined, and Tenant has approved of the location of the same and of Landlord's access to minimize interference with the conduct of Tenant’s business in connection with entries into same throughout the Premises, Lease Term. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with 00000/00000 Xxxxxxx Xxxxxx [Structural GenomiX, Inc.] 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.

Appears in 1 contract

Samples: Article 6 Services (SGX Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. Provided, however, that Subject to Landlord's agreement to minimize any such entry by Landlord shall (i) remain subject to disturbance of Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s 's use and occupancy of the PremisesPremises by exercise of the following rights, or the conduct of its business therein, then Landlord reserves and shall at any and all times have the right at all (upon reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) advance notice to Tenant ([which may be telephonic] except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the same, to supply janitor service and any other service to be ,provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last nine final eighteen (918) months of the Lease TermTerm (accompanied, in such event, by a representative of Tenant, provided Tenant in good faith uses reasonable efforts to cooperate with the scheduling of any such entry), 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 Building as provided above, and without being deemed guilty of any eviction of Tenant and, except as set forth below, without abatement of rent, and may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages for any inconvenience to or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with Tenant's business, any loss of occupancy (other than in the conduct case of Tenant’s the loss of use of a material portion of the Premises (i.e., 2,000 Rentable Square Feet or more) for a period in excess of five (5) business days following notice from Tenant to Landlord of such loss of use, in connection with entries into which event Tenant shall have the abatement rights described in Paragraph 15(a) below) or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord may make any such entries without shall at all times have and retain a key with which to unlock all of the abatement of Rentdoors in, except as otherwise provided in this Leaseupon and about the Premises, excluding Tenant's vaults and safes and other secured areas, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any 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 good faith 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, and any damages caused on account thereof shall be paid by Tenant. Landlord hereby agrees to use its best good faith efforts in the exercise of its rights under this Paragraph 14 to minimize any disturbance of Tenant's use and possession of the PremisesPremises and to provide as much notice to Tenant as may be reasonably possible prior to any such exercise of Landlord's rights under this Paragraph 14.

Appears in 1 contract

Samples: Lease Termination Agreement (Golden West Financial Corp /De/)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon not less than at least one (1) day’s business day prior written (e-mail is acceptable) 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, or during the last nine fifteen (915) 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, to the extent permitted under this Lease. Provided that Landlord employs shall use commercially reasonable efforts to minimize interference with the conduct operation of Tenant’s business in connection with entries into at the Premises during any entry by Landlord unto 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 to the extent Tenant has not elected to perform such janitorial service pursuant to Section 6.1.5; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. 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 other than those repairs, alterations or decorations that Landlord has expressly agreed to perform under this Lease. Tenant may reasonably restrict access by any visitor whom Landlord intends to bring onto the Premises who is, or may reasonably be suspected by Tenant to be, a competitor of Tenant. Tenant shall at all times, except in the case of emergencies, have the right to escort Landlord or any Landlord Parties while the same are in the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may reasonably 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 (1) such repair or maintenance is required in order to maintain and repair the Base Building; (2) as required by applicable Law, or (3) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval. Access to the Premises by Landlord shall be in accordance with the reasonable security, safety and confidentiality requirements that Tenant may reasonably adopt from time to time, 102 including, without limitation, a requirement that persons (including Landlord or Landlord Parties) having access to the Premises shall sign and deliver to Tenant a confidentiality and nondisclosure agreement in form and content reasonably acceptable to Tenant.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

ENTRY BY LANDLORD. ProvidedTenant shall permit Landlord and Landlord's Agents, howeverprospective purchasers, that any such entry by Landlord shall lenders, investors, contractors, and within eighteen (18) months prior to the expiration of this Lease, prospective tenants, to enter the Premises at all reasonable times, upon giving Tenant a 24 hour prior notice, except in the event of an emergency in which case the 24 hour prior notice is not required: (i) remain subject to Tenant’s reasonable security and privacy measures; and for the purpose of inspecting the same, (ii) not unreasonably interfere for the purpose of maintenance, repairs, alterations, or additions to any portion of the Building, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (iii) for the purposes of performing any of Tenant's obligations under this Lease, or (iv) for the purpose of posting notices of non-responsibility for alterations, additions, or repairs. In connection with Tenant’s use the foregoing, Landlord acknowledges that due to the proprietary and occupancy confidential nature of certain portions of the Premises, or Landlord's access pursuant to this Section 14.1 to the conduct cGMP classified space and other designated areas of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency) to enter the Premises (which Tenant shall designate in writing delivered 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 (Landlord prior to the extent applicable pursuant to then Applicable Law); or Commencement Date) (ivcollectively, the "Classified Space") 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. Provided may be limited such that Landlord employs commercially reasonable efforts to minimize interference may only access the Classified Space when accompanied by certain specified representatives of Tenant and in accordance with the conduct of Tenant’s business in connection with entries into 's standard entry procedures for the Premises, provided that so long as Landlord may complies with the foregoing with regard to the Classified Space, Tenant shall not otherwise unreasonably deny Landlord access to the Classified Space. Provided Landlord gives Tenant the above 24-hour prior notice, Tenant shall make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any means available all necessary Tenant representatives so that Landlord may deem proper to open access 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 PremisesClassified Space as provided above.

Appears in 1 contract

Samples: Lease Agreement (Cel Sci Corp)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right and Tenant shall permit Landlord, and its authorized representatives, partners, investors, lenders and any other Landlord invitees, to enter the Premises at all reasonable times and upon twenty-four (24) hours’ prior notice (written or oral) (except (a) to the extent requested by Tenant, (b) in connection with scheduled maintenance programs, and/or (c) in the event of an emergency, in which cases no notice shall be required) for purposes of (i) inspecting, performing maintenance or making alterations of the Premises or any other portion of the Building, including the erection and maintenance of such scaffolding, canopies, fences, and props as Landlord may reasonably require; (ii) posting notices of non-responsibility or non-liability for alterations or repairs; or (iii) showing or submitting the Premises to prospective purchasers or tenants (provided that Landlord agrees that except in the event (A) Tenant is in default under this Lease beyond any applicable notice and cure periods, (B) Landlord and Tenant have agreed to an early termination of this Lease and the early termination date of this Lease is within eighteen (18) months from the date of such showing, or (C) Landlord and Tenant otherwise mutually agree to the contrary, Landlord shall not less than one show the Premises to prospective tenants except during the last eighteen (118) day’s prior written (e-mail is acceptablemonths of the then current Term of this Lease), all of which actions Landlord may take without any abatement of Rent. Except in the case of an emergency, Tenant shall be entitled to have an employee of Tenant accompany the person(s) notice entering the Premises, provided Tenant makes such employee available at the time Landlord or such other party desires to Tenant (enter the Premises, and, 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. Provided that Landlord employs shall use commercially reasonable efforts to minimize interference comply with the conduct of Tenant’s business reasonable security measures of which Landlord is notified in connection advance in writing. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference’s with entries into Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by such entry. Landlord may make any shall use reasonable efforts in order that the entrance to the Premises shall not be blocked by the making of such entries without alterations or the abatement performing of Rentsuch maintenance and that the business of Tenant shall not thereby be interfered with unreasonably. For each of the aforesaid purposes, except as otherwise provided in this LeaseLandlord shall at all times have and retain a key with which to unlock all of the doors in, upon, and shall take such reasonable steps as required to accomplish about the stated purposes. In an emergencyPremises, excluding Tenant’s vaults and safes, 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 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 of, of the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof. Landlord has the right to make alterations to the Building or demolish or erect other buildings on the real property adjacent thereto. Tenant will not in such event be entitled to any direct or consequential damages for any damage or inconvenience occasioned thereby, but Landlord will use its reasonable efforts to accomplish such work and entry into the Premises in such a manner as to minimize any inconvenience to Tenant or interference with the operation of Tenant’s business in the Premises.

Appears in 1 contract

Samples: Office Lease (Asana, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice to Tenant (except in the case of an emergency) to enter the Premises upon at least twenty-four (24) hours advance notice to Tenant 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)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 as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 22, Landlord may make enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall include the right to take such reasonable steps as required to accomplish the XXXXXXXX PLAZA Vivus, Inc. XXXXXXXX PLAZA Vivus, Inc. stated purposes provided, however, Landlord shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant's use and occupancy of the Premises as a result of any entry by Landlord permitted under this Article 22. 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. Tenant shall have the right to have a representative of Tenant accompany Landlord during any such entry, provided, however, Landlord shall not be required to delay its entry if Tenant does not have a representative available to accompany Landlord at its intended time of entry.

Appears in 1 contract

Samples: Office Lease (Vivus Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by 17.1 Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of have the Premisesright, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s reasonable prior written (e-mail is acceptable) notice to Tenant (except in the case event of an emergency) to enter the Premises at any time to (ia) inspect them; the Premises, (iib) show exhibit the Premises to prospective purchasers, lenders or tenants, (c) determine whether Xxxxxx is performing all of its obligations hereunder, (d) supply any service to current or prospective mortgageesbe provided by Landlord, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiie) post notices of nonresponsibility nonresponsibility, and (f) make any repairs to the extent applicable pursuant Premises, or make any repairs to then Applicable Lawany adjoining space or utility services, or make any repairs, alterations or improvements to any other portion of the Building, provided all such work shall be done as promptly as reasonably practicable and so as to cause as little interference to Tenant as reasonably practicable. Notwithstanding the foregoing, because of the nature of Tenant’s business, the confidential and proprietary processes and procedures, Landlord shall have no rights to enter the laboratory area of the Premises (the “Lab”) nor any “quality assurance” area within the Premises unless accompanied by a representative of Tenant (except in an emergency, in which case no such representative shall be required); . Landlord shall strictly comply with Tenant’s standard health, hygiene and safety protocols when entering the Lab or (iv) alterthe “quality assurance” areas. In connection with any entry into the Premises by Landlord or any of its agents, improve employees, affiliates, members, managers, partners, officers, directors, contractors or repair other representatives, Landlord shall require such persons to comply with Tenant’s reasonable security measures previously detailed by Tenant to Landlord, which may include, without limitation, checking in at a receptionist desk and providing the receptionist with such person’s name and company affiliation and being escorted in the Premises by a representative of Tenant. Tenant waives all claims for damages for any injury or inconvenience to or interference with Xxxxxx's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the Buildingdoors in, on or for structural alterationsabout the Premises (excluding Tenant's vaults, repairs or improvements to the Building or the Building’s systems safes and equipment. Provided that similar areas designated in writing by Tenant and approved in writing by Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leaseadvance), and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means, or otherwise, shall 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 Premisesthereof.

Appears in 1 contract

Samples: Lease (Talis Biomedical Corp)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s may enter the Premises at reasonable security and privacy measures; and (ii) not unreasonably interfere hours with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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) to 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 the Building or any other portion of the Building. Subject to Landlord’s systems and equipment. Provided that Landlord employs commercially reasonable efforts undertakings in the previous sentence, Tenant waives any damage claims for inconvenience to minimize or interference with the conduct of Tenant’s business in connection or loss of occupancy or quiet enjoyment of the Premises caused by Landlord’s entry. At all times Landlord shall have a key with entries into which to unlock the doors on the Premises, Landlord may make any such entries without the abatement of Rentexcluding Tenant’s vaults, except as otherwise provided in this Leasesafes, and shall take such reasonable steps similar areas designated as required to accomplish the stated purposessecure areas in writing by Tenant 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. Notwithstanding the foregoing, Landlord shall use reasonable efforts to provide Tenant from any portion of with twenty-four (24) hours notice prior to entering the Premises, except in the event of an emergency, Landlord may enter the Premises without providing such notice.

Appears in 1 contract

Samples: Lease (Asana, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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 mortgagees or, during the last nine (9) months of the Lease Term (provided Tenant has not exercised its right to lease the Premises during an Option Term), tenants, or to current or 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 make repairs to the Premises (to the extent permitted pursuant to the terms of this Lease) or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts 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 (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be performed by Landlord as expeditiously as reasonably possible and in a manner so as to minimize any interference with the conduct of Tenant’s business in connection with entries into the Premises, 's business. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. 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 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. Tenant may designate certain areas of the Premises by 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 manner hereinbefore described event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall not be deemed only maintain or repair such secured areas to be a forcible the extent (i) such repair or unlawful entry intomaintenance 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 detainer ofschedule reasonably designated by Tenant, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisessubject to Landlord's reasonable approval.

Appears in 1 contract

Samples: Office Lease (Artistdirect Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord and its agents shall (i) remain subject be entitled to Tenant’s reasonable security enter ----------------- into and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of upon the Premises, or the conduct of its business therein, then Landlord reserves the right Premises at all reasonable times and times, upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice to Tenant (except in the case of an emergency, in which event no notice shall be required), for the following purposes: (a) to enter inspect or make repairs, alterations or additions to all or any portion of the Premises to which Landlord may deem appropriate (i) inspect them; to comply with any laws, ordinances, rules, regulations, or policies of any governmental authority or Landlord's insurance carrier(s), or (ii) to prevent waste or deterioration of the Premises, or (iii) to promote the general welfare and safety of occupants of the Premises, or (iv) to perform construction work in the Building or in the Outside Areas, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required; (b) to post notices of non-responsibility for Alterations; or (c) to show the Premises to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers orlenders and their appraisers and other representatives; and, during the last nine one hundred eighty (9180) months day period prior to the expiration of the Lease Termthis Lease, or upon any Event of Default, to place upon the Premises any usual or ordinary "for lease" signs and exhibit the Premises to prospective tenants; (iii) post notices tenants at reasonable hours. Landlord's rights of nonresponsibility (entry as set forth in this Paragraph 21 shall be subject to the extent applicable pursuant to then Applicable Law); or (iv) alterreasonable security regulations of Tenant, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements and to the Building or the Building’s systems and equipment. Provided requirement that Landlord employs commercially shall use reasonable efforts to minimize interference with Tenant's business activities on the conduct of Tenant’s business Premises. If Tenant so requests in connection with entries into any work being performed by Landlord the costs of which are deemed Operating Expenses under this Lease, Landlord shall use reasonable efforts to perform such work during Tenant's non- business hours; nothing in this sentence shall be construed to otherwise obligated Landlord to use overtime labor or perform any work or other activities during Tenant's non-business hours. Landlord shall be entitled to exercise the foregoing rights of entry without any abatement of rent and without liability to Tenant for any injury or inconvenience to or interference with Tenant's business, quiet enjoyment of the Premises, Landlord may make or any such entries without the abatement of Rentother loss occasioned thereby; provided that, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord Tenant shall have the right to use any means that bring claims against Landlord may deem proper to open the doors in and for compensatory damages (but not lost profits or other consequential damages) to the Premises. Any entry into extent arising from damage to property or injury or death to persons caused by the wilful misconduct of Landlord occurring in or about the Premises by Landlord in the manner hereinbefore described shall not be deemed and relating 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 Landlord's exercise of the Premisesforegoing rights.

Appears in 1 contract

Samples: Lease (Rambus Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject Subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premisesconfidentiality requirements, or the conduct of its business therein, then Landlord reserves the right and shall at any and all reasonable times and upon with reasonable notice of not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (business day except in cases of emergency, have the case of an emergency) right to enter the Premises to (i) inspect them; (ii) the same, to show the Premises to prospective purchasers, or to current or prospective mortgageeslenders, ground or underlying lessors or insurers investors or, during the last nine six (96) months of the Lease Term, tenants, 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 any other portion of the Building and/or the Parking Facilities as required or the Building’s systems permitted by this Lease and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct as provided in Section 2(e) above, all without being deemed guilty of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries eviction of Tenant and without the abatement of Rent, except as otherwise provided herein. Landlord may, in this Leaseorder to carry out such purposes, erect scaffolding and other necessary structures where reasonably required, provided that, except for emergencies, any entry and/or work performed by Landlord in the Premises or the Project shall be performed in a reasonably practicable manner so as not to unreasonably interfere with Tenant’s use of the Premises or the remainder of the Project and shall take be performed after Building Hours if reasonably practicable. Except as otherwise set forth in Section 24(h), Tenant hereby waives any claim for damages for any injury or 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 on account of Landlord's entry or work permitted by this Section or by Section 2(e) above. For the above purposes, Landlord shall at all times have and retain a key with which to unlock all doors in the Premises, excluding Tenant's vaults and safes and special security or restricted areas designated in advance by Tenant and Landlord shall have no right to enter such reasonable steps as required to accomplish the stated purposesareas without Tenant’s prior written consent except in cases of emergency. 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 Landlord, 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.

Appears in 1 contract

Samples: Office Building Lease (GLAUKOS Corp)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one at least twenty-four (124) day’s hours prior written (e-mail is acceptable) 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 (to the extent permitted or required by this Lease) or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially may enter the Premises at any reasonable efforts time to minimize interference with (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease after the conduct expiration of Tenant’s business any applicable notice and cure period in connection with entries into the Premises, manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform after the expiration of any applicable notice and cure period. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. Landlord shall not materially interfere with Tenant’s use of and access to the Premises 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 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 vaults, safes and special security areas designated in 692326.07/WLA 123056-00076/7-12-12/ral/sew EXHIBIT X-0 -00- XXXXX XXXXXX [Blucora, Inc.] advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper are reasonable under the circumstances 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.

Appears in 1 contract

Samples: Office Lease (Blucora, Inc.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times (including during business hours) and upon not less than one (1) day’s 24 hours prior written (e-mail is acceptable) 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 oror to prospective tenants (provided that unless Tenant is in default beyond applicable notice and cure periods, the showing to prospective tenants shall only be 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 systems and equipment. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts may enter the Premises at any time to minimize interference (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease beyond all applicable notice and cure periods in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform in accordance with the conduct of Tenant’s business in connection with entries into the Premises, Article 26 above. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. Subject to Landlord’s indemnification of Tenant set forth in Section 10.1 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 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. All such entries shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant1s use and occupancy of or access to the Premises as commercially reasonably possible without any requirement for Landlord to employ after-hours or overtime labor.

Appears in 1 contract

Samples: Office Lease (Life360, Inc.)

ENTRY BY LANDLORD. ProvidedExcept as otherwise set forth in this Lease, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one at least forty-eight (148) day’s hours' prior written (e-mail is acceptable) 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 purchaserspurchasers or mortgagees, or to current or prospective mortgagees, the ground or underlying lessors lessors, or insurers or, show the Premises to prospective tenants during the last nine (9) 6 months of the Lease TermTerm (unless Tenant has agreed to, to prospective tenantsor has exercised an option to, renew or extend the Term of this Lease); (iii) post or serve 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. Notwithstanding anything to the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 27, Landlord may make enter the Premises at any time to (A) perform services required of Landlord (except as otherwise set forth in this Lease); (B) take possession to the extent provided in Section 20 as part of Landlord's remedies under this Lease; (C) perform any covenants of Tenant which Tenant fails to perform to the extent provided in Section 26 of this Lease; or (D) to address an emergency. 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 shall include the right to take such reasonable steps as required to accomplish the stated purposes. In an emergencyTenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, Landlord shall have the right to use lost profits, 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 loss of occupancy or unlawful entry into, or a detainer of, quiet enjoyment of the Premises, and any other loss occasioned thereby. Notwithstanding the foregoing or an actual any other provision to the contrary in this Lease, the parties hereto agree and acknowledge that Landlord or constructive eviction of any other party entering the Premises pursuant to the rights granted in this Article 27 or elsewhere in this Lease (each such party, including Landlord, being hereinafter called a "Landlord Party") shall cause as little inconvenience, annoyance and disturbance to Tenant from any portion of as is reasonably possible under the Premisescircumstances, exercising commercially reasonable efforts.

Appears in 1 contract

Samples: Office Lease (INX Inc)

ENTRY BY LANDLORD. ProvidedUpon prior notice to Tenant and subject to Tenant's reasonable security regulations, howeverTenant shall permit Landlord and his agents to enter into and upon the Premises at all reasonable times, that and without any such entry by Landlord shall rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, for the following purposes: (i) remain subject to Tenant’s reasonable security inspecting and privacy measuresmaintaining the Premises; and (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non-responsibility for any construction, alteration or repair thereof, as required or permitted by any law, and (vi) showing the Premises to Landlord's or the Master Landlord's existing or potential successors, purchaser, and lenders. Tenant shall permit Landlord and his agents, at any time within two hundred seventy (270) days prior to the Expiration Date (or at any time during the Lease if Tenant is in default hereunder beyond any applicable cure period), to place upon the Premises "For Lease" signs and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. The foregoing notwithstanding, Landlord and its agents: (i) shall not enter the Premises without first giving twenty-four (24) hours notice to Tenant of such entry except in the case of emergency, (ii) shall be accompanied by an employee of Tenant at all times while in the Premises, (iii) shall comply with Tenant's security procedures applicable to the Premises, and (iv) shall not unreasonably interfere with Tenant’s 's use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. 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.

Appears in 1 contract

Samples: Brio Technology Inc

ENTRY BY LANDLORD. ProvidedLandlord, howeverand Landlord's authorized agents and employees, that any such entry by Landlord reserves and shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves have the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency) to enter the Premises at any time and from time to (i) time to inspect themthe same to determine whether Tenant is complying with its obligations hereunder; (ii) show to supply any service to be provided by Landlord hereunder; to supply janitorial service and any other routine service to be provided by Landlord to Tenant hereunder; during normal Building Hours and upon reasonable advance notice to Tenant, to exhibit the Premises to prospective purchaserspurchasers and mortgagees, or to current or prospective mortgagees, ground or underlying lessors or insurers or, (during the last nine one hundred eighty (9180) months days of the Lease Term, ) to prospective tenants; (iii) to post notices of nonresponsibility (nonresponsibility; and to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises and any portion of the Building and Project, without abatement of rent, in which case Landlord may erect scaffolding and other necessary structures that are reasonably required by the character of the work to be performed by Landlord, provided that the business of Tenant shall not be interfered with unreasonably. Except as otherwise specifically provided in this Lease or in the Buildingcase of (i) emergency, (ii) regular janitorial and routine service, or (iii) circumstances governed by Section X.A. above requiring electrical interruption, Landlord agrees to provide Tenant or Tenant's facility manager previously identified to Landlord with reasonable advance notice of its intention to enter the Premises for structural alterationsany purpose permitted hereunder, repairs or improvements and to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially use reasonable efforts to coordinate any major service and major repair projects in such a manner as to minimize interference with the conduct disruption of Tenant’s 's business in connection operations; provided, however, that Landlord shall not be required to give Tenant any greater notice of any inspections or entry requested by any governmental representative or other third party entitled to such access than Landlord receives and can reasonably provide to Tenant. In order to enter the Premises for each of the aforesaid purposes, Landlord shall at all times have and retain a key with entries into which to unlock all of the doors in, upon and about the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, excluding Tenant's vaults and shall take such reasonable steps as required to accomplish the stated purposessafes. In an emergencyFurther, Landlord shall have the right to use any and all means that which Landlord may deem proper to open such doors, and shall have the doors right to enter the Premises at any time and without prior notice, in the event of an emergency. To the extent Tenant is required to do so by any third parties, Tenant may reasonably designate, in writing, certain areas within the Premises as "security areas," and Landlord agrees that it shall not take contractors or any prospective purchasers, tenants or mortgagees into any such "security areas" without being accompanied by a representative of Tenant; provided, however, that Landlord and its employees shall have full access to the Premisessuch "security areas" at all times. Any entry into to the Premises or portions thereof 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 eviction, actual or constructive eviction constructive, of Tenant from the Premises, or any portion of the Premisesthereof.

Appears in 1 contract

Samples: Office Lease (Moneygram Payment Systems Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s After reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in emergencies, where no such notice shall be required) and further subject to the case terms of an emergency) this Section 11, Landlord, its authorized agents, contractors and representatives shall at any and all times have the right to enter the Premises to (i) to inspect them; the same, (ii) to supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, (iii) to show the Premises to prospective purchasers, or (iv) to current or show the Premises to prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last nine (9) 6 months of the Lease Term, and any renewals thereof, and to prospective tenants; tenants at any time if Tenant has vacated the Premises or defaulted in its obligations hereunder, (iiiv) to post notices of nonresponsibility required by law or necessary for Tenant's safety or security, (vi) 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 alterationsall without being deemed guilty of any eviction of Tenant and without abatement of rent. Landlord may, repairs or improvements in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the Building or character of the Building’s systems and equipment. Provided work to be performed, provided that Landlord employs will exercise commercially reasonable efforts not to minimize interference interfere with the conduct normal business operations of Tenant’s business . Upon reasonable notice to Tenant as referenced below, Landlord shall at all times have and retain a key with which to unlock all doors in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, excluding Tenant's vaults and shall take such reasonable steps as required to accomplish the stated purposessafes. 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 pursuant to the manner hereinbefore described terms hereof shall not be 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 thereof, and Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss in, upon and about the Premises. Landlord agrees to provide Tenant with no less than twenty-four (24) hours notice prior to conducting any work or inspections at the Premises, which notice may be verbal and may be directed to Tenant's personnel at the Premises (which notice shall not be required in the event of an emergency).

Appears in 1 contract

Samples: Digitas Inc

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right and Tenant shall permit Landlord and its authorized representatives to enter the Premises at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable advance notice to Tenant (except in the case of an emergency) to enter the Premises to for purposes of (i) inspect theminspecting; (ii) show posting notices of non-responsibility or non-liability for alterations or repairs; (iii) placing upon the Premises any usual or ordinary “for rent” signs; or (iv) showing or submitting the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers purchasers or, during the last nine twelve (912) months of the Lease Term, tenants (provided, however, that Tenant shall have the right, as a condition to prospective tenants; (iii) post notices of nonresponsibility (Landlord’s ability to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair show the Premises or to third parties, to require that any such third parties execute and deliver a commercially reasonable nondisclosure agreement prior to their entry into the BuildingPremises), or for structural alterationsall of which actions Landlord may take without any abatement of Rent. Given that Tenant’s use of the Premises will include the installation and operation of sensitive mechanical components, repairs or improvements Tenant shall have the right, except in the case of emergency, to require that a representative of Tenant accompany Landlord (and any such third parties) during the Building or course of any such entry into the Building’s systems and equipmentPremises. Provided that Landlord employs commercially reasonable complies with the terms of this Paragraph 18, Tenant hereby waives any claim for damages for any injury or inconvenience to or interference’s with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by such entry. Landlord shall use good faith efforts to minimize interference ensure that any such entry will not interfere with Tenant’s use of the conduct of Premises (or any portion thereof) for Tenant’s business in connection purposes. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with entries into which to unlock all of the doors in, upon, and about the Premises, Landlord may make any such entries without the abatement of Rentexcluding Tenant’s vaults, except as otherwise provided in this Leasesafes or secured areas, and shall take such reasonable steps as required to accomplish the stated purposes. 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 under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premisesthereof. Tenant will not in such event be entitled to any direct or consequential damages for any damage or inconvenience occasioned thereby, but Landlord will use its reasonable efforts to accomplish such entry in such a manner as to minimize any inconvenience to Tenant.

Appears in 1 contract

Samples: NNN Lease (Colonnade Acquisition Corp.)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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 mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers 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. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts may enter the Premises at any time to minimize interference with (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the conduct manner provided herein; and (C) perform any covenants of Tenant’s business in connection with entries into the Premises, Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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.

Appears in 1 contract

Samples: Office Lease (Akamai Technologies Inc)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) reasonable notice to Tenant of no less than twenty–four (24) hours (except no such prior notice shall be required in the case of an emergencyemergencies) to enter the Premises to (provided Landlord is accompanied by a representative of Tenant and does not enter the Restricted Areas, except in an emergency) 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 as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business contrary contained in connection with entries into the Premisesthis Article 27, Landlord may make enter the Premises at any 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 (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. 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 by 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 (“Restricted Areas”). 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.

Appears in 1 contract

Samples: Office Lease (Accelrys, Inc.)

ENTRY BY LANDLORD. ProvidedLandlord reserves the following rights, howeverexercisable without liability to Tenant, that any such entry by Landlord shall for (i) remain subject damage or injury to property, person or business, (ii) causing an actual or constructive eviction from Leased Premises, or (iii) disturbing Tenant's use or possession of Leased Premises: (a) To change the name or street address of Building and/or Project; (b) To install and maintain signs on exterior and interior of Building and/or Project; (c) To have passkeys to Leased Premises and all doors within Leased Premises, excluding Tenant's vaults and safes; (d) At any time after reasonable notice to Tenant’s reasonable security and privacy measures, to inspect Leased Premises, to show Leased Premises to any prospective purchaser, mortgagee, or to any assignee of mortgagee on Building or Project, or to others having an interest in Building, Project or Landlord; (e) During the last six months of the Term, to show Leased Premises to prospective tenants thereof; and (iif) not unreasonably interfere with Tenant’s use and occupancy To enter Leased Premises for inspection, repair, alteration, addition or improvement to Leased Premises or Building (including, without limitation, checking, calibrating, adjusting or balancing controls or other parts of the HVAC systems), or for safety, protection, maintenance or preservation of Leased Premises, Building or the conduct of its business Landlord's interest therein, then or as may be necessary or desirable for operation or improvement of Building or to comply with laws or requirements of governmental or other authority. Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) notice agrees to Tenant use its best effort (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. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s 's business in connection with entries into Leased Premises in the Premises, Landlord may make course of any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposesentry. In an emergency, (g) Landlord shall have the right to use any and all means that which Landlord may deem proper to open the doors in door and to enter the PremisesPremises in an emergency. Any such entry into to the Premises by Landlord in the manner hereinbefore described by any means 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 thereof, and any damages caused on account thereof shall be paid by Tenant. (h) It is understood and agreed that no provision of the Premisesthis Lease shall be construed as obligating Landlord to perform any repairs, alterations or improvements except as otherwise expressly agreed herein by Landlord.

Appears in 1 contract

Samples: Lease (Eacceleration Corp)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one twenty-four (124) dayhours prior notice (which notice may be verbal to Tenant’s prior written (e-mail is acceptableoffice manager and which notice shall not be required in the event of an emergency) 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. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts may enter the Premises at any time to minimize interference with (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the conduct manner provided herein; and (C) perform any covenants of Tenant’s business Tenant which Tenant fails to perform in connection with entries into the Premises, manner provided herein. Landlord may make any such entries without the abatement of RentRent (except as specifically set forth in Section 19.5.2 of this Lease), except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right 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.

Appears in 1 contract

Samples: Office Lease (Opentv Corp)

ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior written (e-mail is acceptable) 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 mortgagees or, during the last nine (9) months of the Lease Term (provided Tenant has not exercised its right to lease the Premises during an Option Term), tenants, or to current or 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 make repairs to the Premises (to the extent permitted pursuant to the terms of this Lease) or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Provided that Notwithstanding anything to the contrary contained in this Article 27, Landlord employs commercially reasonable efforts 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 (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be performed by Landlord as expeditiously as reasonably possible and in a manner so as to minimize any interference with the conduct of Tenant’s business in connection with entries into the Premises, 's business. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and shall may take such reasonable steps as required to accomplish the stated purposes. 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 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. Tenant may designate certain areas of the Premises by Landlord as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Ladlord may not enter such Secured Areas except in the manner hereinbefore described case of emergency. In connection with the foregoing, Landlord shall not be deemed 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 be a forcible the extent (i) such repair or unlawful entry intomaintenance 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 detainer ofschedule reasonably designated by Tenant, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisessubject to Landlord's reasonable approval.

Appears in 1 contract

Samples: Office Lease (Equity Marketing Inc)

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