Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, and upon reasonable notice to Tenant (except in the case of an emergency), to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and 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: Lease Agreement (21st Century Insurance Group)

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ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject make such alterations, improvements, additions or repairs to SECTIONS 8.1.2 and 10.3.2all or any portion of the Premises, the Base Building, the Base Building systems or the Project as Landlord shall reasonably desire or deem necessary, or as Landlord may be required to alterperform under Applicable Laws, improve -------------- ------ or repair by any governmental or quasi-governmental authority, or by court order or decree. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises or the Building if necessary at any time to comply with current building codes or other applicable laws(A) perform services required of Landlord, or for structural alterations, repairs or improvements including janitorial service; (B) take possession due to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform within applicable notice and 35654\12546889.9 06907\011\8493037.v6 cure periods. Subject to the foregoing, Landlord may make any such entries without the abatement of RentRent (subject to the terms of Section 19.5.2, above, except Section 19.5.2 shall not be applicable in connection with entries under item (B), above), and may take such reasonable steps as required to accomplish the stated purposes. Landlord will use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises in connection with any entries under this Article 27 (except under item (B), above). To the extent that Landlord installs, maintains, uses, repairs or replaces pipes, cables, ductwork, conduits, utility lines, and/or wires through hung ceiling space, exterior perimeter walls and column space, adjacent to and in demising partitions and columns, in or beneath the floor slab or above, below, or through the Premises, then in the course of making any such installation or repair, Landlord will: (w) use commercially reasonable efforts to not interfere unreasonably with or interrupt the business operations of Tenant within the Premises; (x) not reduce Tenant’s usable space, except to a de minimus extent (unless such work is required by Applicable Law), if the same are not installed behind existing walls or ceilings; (y) box in any of the same installed adjacent to existing walls with construction materials substantially similar to those existing in the affected area(s) of the Premises; and (z) repair all damage caused by the same and restore, to the extent reasonably practical, such area(s) of the Premises to the condition existing immediately prior to such work. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas upon less than twenty-four (24) hours’ advance notice and Landlord and Landlord's personnel being accompanied by a representative of Tenant except in the event of an emergency. In no event will Landlord or any of Landlord’s representatives be allowed to take photographs of any portion of any Secured Areas without the express written consent of Tenant, which consent may be withheld in Tenant’s sole discretion. Landlord acknowledges that any clean rooms, inventory areas and material quarantine areas are Secured Areas due to heightened regulatory compliance requirements which limits access thereto. 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 (to the extent the same is not a Tenant Maintenance Responsibility); (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. 35654\12546889.9 06907\011\8493037.v6 ARTICLE 28

Appears in 1 contract

Samples: Lease (Penumbra Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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. Except as otherwise set forth in Section 6.4 , Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. 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 (SERVICE-NOW.COM)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- timesLandlord, and its duly authorized representatives, shall, upon reasonable prior notice to Tenant (except in the case of an emergencyemergency or for normal cleaning and maintenance operations), have the right to enter the Premises at all reasonable times (except at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, Alterations thereto as may be necessary if Tenant fails to do so as required hereunder (i) -60- XXXXXXX XXXXXX CENTER VENTUREbut Landlord shall have no duty whatsoever to make any such inspections, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) repairs, Alterations except as otherwise provided in Sections 4.1, 8.1 and 8.2 and Exhibit 2.1), and to show the Premises to prospective tenants (but only during the last twelve (12) months preceding expiration of the term of this Lease as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective purchasers and mortgagees. During any access to the Premises by Landlord or its employees, agents or contractors, except in an emergency, (i) Landlord must give Tenant reasonable prior notice prior to entering the Premises, (ii) Tenant shall have the right to accompany Landlord during any such entry into the Premises, provided that Tenant makes someone available to Landlord on a reasonable basis, (iii) upon entering the Premises Landlord shall cause as little inconvenience, annoyance and disturbance to Tenant (and any Tenant Parties) as is reasonably possible under the circumstances and shall comply with all reasonable safety, security and crisis management policies and procedures as may then be in effect with respect to Tenant’s operations in the Premises (provided Tenant has given Landlord notice of such policies and procedures); and (iv) with respect to any portion of the Premises which is actually occupied by Tenant or any Tenant Parties, any noisy or disruptive work shall be performed after Normal Business Hours. Notwithstanding the foregoing, Tenant may elect, by written notice to Landlord, to designate its server rooms as a “Secure Area” of the Premises. Notwithstanding the foregoing, Tenant may not designate areas as “Secured Areas” if such designation would prohibit Landlord free access to any mechanical or electrical room, or other portion of the Premises which Landlord deems necessary to enter in connection with the repair, maintenance or operation of Building systems and/or equipment providing services to other tenants in the Building, such as through riser closets or electrical rooms. Landlord and its agents shall not enter said Secure Area unless accompanied by an agent or employee of Tenant, excepting only in the event of an emergency when no such agent or employee shall be required to be present. Upon twenty-four (24) months hours prior notice (except in the event of the Lease Term or any Option Term where Tenant has not previously exercised an available extension optionemergencies when no such notice shall be required), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices Tenant shall permit Landlord to enter said Secure Area for purposes of nonresponsibility; (iv) subject to SECTIONS 8.1.2 performing usual and 10.3.2, to alter, improve -------------- ------ or customary maintenance and repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements work. Landlord’s cleaning contractor will not provide cleaning services to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and 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 PremisesSecure Areas.

Appears in 1 contract

Samples: Transportation Access Plan Agreement (CarGurus, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four six (246) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that ’s systems and equipment. 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 agrees and Tenant hereby agree and acknowledge that, except in the case of an emergency, Landlord shall enter such Secured Areas 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 schedule any such work outside entries into the Secured Areas by Landlord at times that are mutually convenient to both Landlord and Tenant, taking into consideration the nature of Building HoursTenant’s operations in the Premises and the nature of the desired entry. Notwithstanding anything to the contrary contained in this Article 27 , or Landlord may enter the Premises at any time to (vA) perform services required of Landlord, including janitorial service; (B) take possession due to exercise, in compliance with the terms any breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, and 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 hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment ’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, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. 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 (Dexcom Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable twenty-four (24) hours' written notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect themthe Premises; (ii) show the Premises to prospective tenants (but only during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, current or prospective mortgagees, or ground or underlying lessorslessors or insurers; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current this Lease, building codes or other applicable laws, or for structural alterations, make necessary repairs or improvements to the Building or the Building's structural systems and equipment; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) show the Premises during the final nine (9) months of the Lease Term to exerciseprospective tenants. Notwithstanding anything to the contrary contained in this Article 27, in compliance with Landlord may enter the terms Premises at any time to (A) perform services required of this LeaseLandlord, rights and obligations including janitorial service; (B) take possession due to any uncured event of Landlord Default under this Lease; and (C) perform any covenants of Tenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes, and . 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 purposesentry permitted under this Article 26, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any such entry into the Premises by Landlord 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. To the extent reasonably practicable, Landlord shall exercise its rights under this Section 27.1 at such times and in such a manner as to minimize the impact on Tenant's business in and occupancy of the Premises and at all time in conformity with National Banking Act regulations.

Appears in 1 contract

Samples: Office Lease (Nextcard Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least one (1) business days’ prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four six (246) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms default of this Lease, rights Lease by Tenant (beyond the applicable notice and obligations of Landlord cure periods); and (C) perform any covenants required to be performed under this LeaseApplicable Laws. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, and 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 hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment ’s use of the PremisesPremises and shall be performed after normal business hours if reasonably practical. With respect to items XXXXXX CENTRE DEL MAR [Santarus, 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.Inc.]

Appears in 1 contract

Samples: Office Lease (Santarus Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- timestimes (during the hours of 8:00 A.M. to 6:00 P.M. Monday through Friday, and on Saturdays from 9:00 A.M. to 1:00 P.M. with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option(but subject to Tenant’s right to designate in advance special security areas as set forth herein below), purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, ’s systems and equipment in compliance accordance with the terms and conditions of this Lease, rights and obligations of Landlord under this Lease. Subject Notwithstanding anything to the foregoingcontrary 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 Xxxxxx fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’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 (Roka BioScience, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, mortgagees or, during the last twenty-four nine (249) months of the Lease Term Term, to tenants, or any Option Term where Tenant has not previously exercised an available extension option), purchasers, to current or prospective mortgagees, or ground or underlying lessorslessors or insurers; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises Premises, the premises of other tenants in the Building, or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs repairs, additions, or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Txxxxx fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, Rent (except as provided in Section 6.4 of this Lease) and may take such reasonable steps as required to accomplish the stated purposes; provided, and however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant, hereunder, Landlord shall use commercially reasonable efforts not to adversely interfere with Tenant’s use or access to the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's Txxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (LoopNet, Inc.)

ENTRY BY LANDLORD. Subject to Tenant’s reasonably established security requirements (which must provide for Emergency contingencies) and the coordination of any such entry with Tenant’s security personnel and Landlord’s compliance with all reasonable security and safety protocols adopted by Tenant, including the use of a Tenant escort if such escort is available at the time of Landlord’s intended entry in the Premises (subject to such Emergency contingencies), Landlord reserves the right at all reasonable ----------------- timesright, and upon reasonable following not less than two (2) business days prior written notice to Tenant (except in the case of an emergency), Emergency) at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon at least forty-eight (48) hours prior notice to Tenant (except in the case of an Emergency) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s Systems and Equipment, to the extent required or expressly permitted pursuant to the terms and conditions of this Lease. Notwithstanding anything to the contrary contained in this Article 22, 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 that Landlord agrees herein; and (C) if and to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the extent otherwise permitted under the terms of this Lease, rights and obligations perform any covenants of Landlord under Tenant which Tenant fails to perform pursuant to the terms of this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, and however, except for (i) Emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profitshereunder, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord such entry shall at all times have be performed in a key with which manner so as not 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.unreasonably ​ ​ -38- [Execution Original] ​ ​ ​

Appears in 1 contract

Samples: Agreement of Lease (Xencor Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable (at least 24 hours except in connection with an Emergency) advance notice to the Tenant (except in the case of an emergency), to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers (but only during provided that prospective tenant tours shall not be conducted prior to the last twenty-four (24) months year of the Lease Term or any Option Term where Tenant has not previously exercised an available extension optionTerm), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment for which Landlord is responsible under Section 7.2; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) post "For Sale" signs and "For Lease" signs on the exterior of the Building (provided that Landlord shall only be permitted to exercise, in compliance with post "For Lease" signs during the terms last twelve (12) months of this Lease, rights and obligations of Landlord under this Leasethe Lease Term). Subject to the foregoing, Landlord may make any Any such entries shall be without the abatement of Rent, may Rent (except to the extent provided in Section 6.6) and shall include the right to take such reasonable steps as required to accomplish the stated purposes, and . 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 and to the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergencyEmergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. 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 in connection with an event of default which is continuing by giving Tenant such written notice, and, in that event the Lease will terminate as specified in such notice.

Appears in 1 contract

Samples: Lease (Veeco Instruments Inc)

ENTRY BY LANDLORD. P:00816539-5:12107.019 -27- Landlord reserves the right at all reasonable ----------------- times, times during normal business hours and upon reasonable twenty-four (24) hours’ prior notice to the Tenant, with a Tenant (except in escort if provided by Tenant at the case time of an emergency)such entry, to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to an existing mortgagee, prospective tenants (but only during the last twenty-four (24) months of the Lease Term purchasers or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or to the ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that . Landlord agrees also reserves the right at all reasonable times and upon reasonable notice to use commercially reasonable efforts Tenant to schedule enter the Premises during any such work outside time Tenant is in default under the Lease and/or during the last nine (9) months of Building Hours, the Lease Term (or during the last nine (v9) months of the Option Term) to exercise, in compliance with show the terms of this Lease, rights and obligations of Landlord under this LeasePremises to prospective tenants. Subject Notwithstanding anything to the foregoingcontrary contained in this 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; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent, may Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes, and . Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except for damage to Tenant's personal property, furniture and equipment or injury to persons caused by Landlord's negligence or willful misconduct while exercising its rights under this Article 27, but subject to the waivers set forth in Section 10.5 above. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by TenantTenant (in which case Landlord shall not provide janitorial service to such secure 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. Landlord shall use reasonable efforts to minimize any interference with Tenant’s business in connection with any such entry.

Appears in 1 contract

Samples: Lease (Maxlinear Inc)

ENTRY BY LANDLORD. Landlord reserves and its agents shall have the right to enter or pass through the Premises at reasonable times with reasonable prior notice subject to the terms set forth below: (a) to examine the Premises and to show them to actual and prospective lenders, purchasers and lessors, (b) to show prospective lessees of the Premises during the last 12 months of the Lease Term; (c) to show the Contraction Space (as defined in ARTICLE 30) at any time after Tenant has exercised its Contraction Right in accordance with ARTICLE 30 hereto; and (d) to make repairs, alterations, additions and improvements in the Premises, the Building or Building facilities and equipment as provided for herein. Any entry by Landlord shall be made on reasonable advance notice which notice shall not be less than twenty four (24) hours, except in emergency situations. In exercising its rights under this SECTION 12.2, Landlord and its agents, employees and invitees shall (i) take reasonable measures (without requiring the use of overtime or premium pay labor) to avoid unnecessary interference with Xxxxxx's use and occupancy of the Premises; (ii) be subject to Tenant's reasonable security regulations or procedures; (iii) take reasonable measures to safeguard all reasonable ----------------- timesperson and property in the Premises from any injury or damage and (iv) maintain in confidence any information learned about Tenant or its agents, employees or invitees. Landlord shall have a pass key to the Premises (except for any locked areas described in SECTION 6.9 hereof), and upon shall be allowed to bring reasonable notice amounts of materials and equipment into the Premises as required in connection with repairs, alterations, additions and improvements, without any liability to Tenant (and without any reduction of Tenant's covenants and obligations, except as otherwise expressly provided under this Lease. Landlord shall be responsible for any damages caused to Xxxxxx's property to the extent resulting from any forced entry into the Premises by Landlord or its agents, except as necessary in the case of an emergency), . Xxxxxxxx agrees to provide Tenant with reasonable advance notice of the need to enter the Premises as referenced above and, upon Xxxxxx's request, will meet with Tenant to (i) -60- XXXXXXX XXXXXX CENTER VENTUREagree upon a mutually agreeable schedule for such entry, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only including, when feasible, scheduling entry times during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and 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 Premisesthan regular business hours.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ocwen Asset Investment Corp)

ENTRY BY LANDLORD. Landlord reserves the right at any time upon not less than twenty-four (24) hours prior notice (except in the event of an emergency, in which case no notice shall be required) to enter the Project for any reasonable purpose. In addition, Landlord reserves the right, all reasonable ----------------- times, and times upon reasonable notice to Tenant (except in the case of an emergency), to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises Premises, Buildings or the Building if necessary to comply with current building codes or other applicable lawsProject as set forth in this Lease, or for structural alterations, repairs or improvements to the Building; provided that Buildings or Project. Notwithstanding anything to the contrary contained in this Article 27, Landlord agrees may enter the Premises at any time to use commercially reasonable efforts (A) take possession due to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease beyond any applicable notice and obligations cure period in the manner provided herein; and (B) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of RentRent (except as otherwise expressly set forth in Section 6.7, above), and may take such reasonable steps as required to accomplish the stated purposes, and 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 Buildings and Project, except as otherwise set forth herein. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall not have a key to enter such Secured Area and may only enter the Secured Areas (i) in an emergency, (ii) to maintain or repair such secured areas to the extent such repair or maintenance is required in order to maintain and repair the Building Structure or as required by Applicable Law, or (iii) as reasonably otherwise required by Landlord. Any entry into the Secured Areas (except in an emergency) shall occur only upon prior notice to Tenant's vaults, safes and special security areas in accordance with a schedule reasonably designated in advance by Tenant, and Tenant shall have the right to have a representative of Tenant present during any such entry by Landlord into a Secured Area. In an emergency, Landlord shall have the right to use any reasonable means that Landlord may deem proper to open the doors in and to the Premises, Buildings and Project. Any entry into the Premises Premises, Buildings and Project 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 (Childrens Place Retail Stores Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable twenty-four (24) hours prior written notice to Tenant (or oral notice to Tenant’s office manager), except in the case of an emergency)Emergency in which case no notice shall be required, to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the BuildingBuilding or the Building Systems. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time to (A) perform standard services required of Landlord, including janitorial service; (B) take possession due to a default by Tenant in the manner provided that Landlord agrees herein; and (C) subject to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this LeaseSection 19.7, rights and obligations above, perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for emergencies, any such entry shall be performed in an expeditious manner so as not to unreasonably interfere with Tenant’s use of the Premises. Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Article 23 with Tenant (except entries under items (A) and (B), above) so that Tenant, at Tenant’s option, may provide a representative to accompany Landlord. Landlord agrees to take no photographs of any active work areas in the Premises without Tenant’s prior consent and agrees that any information obtained by any entry into the Premises by Landlord or its employees, agents or contractors shall be kept strictly confidential. Even PEN XXXXXXX [Awesomeness TV] in an Emergency situation, Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant’s business operations. Except as otherwise provided in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises; provided, however, that Landlord shall, subject to Section 10.1 of this Lease and to the extent that such damage is not covered by insurance required to be carried by Tenant under this Lease or caused by any governmental agencies, repair any damage to the Premises caused by any such emergency entry into the Premises by Landlord. Notwithstanding anything to the contrary set forth in this Article 23, Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an Emergency. Landlord shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by applicable Laws, 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 1 contract

Samples: Office Lease (GoodRx Holdings, Inc.)

ENTRY BY LANDLORD. 19.1 Landlord reserves and its designees may enter the right Demised Premises at reasonable hours to: (a) inspect the same; (b) exhibit the same to prospective purchasers, lenders or tenants; (c) determine whether Tenant is complying with all of its obligations hereunder; (d) supply any services to be provided by Landlord to Tenant hereunder, (e) post notices of non-responsibility; and (f) make repairs required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building (“Landlord’s Entrance Rights”). In the event Landlord shall exercise Landlord’s Entrance Rights, Landlord shall use commercially reasonable efforts to: (i) enter the Premises at all reasonable ----------------- times, hours and upon reasonable notice to Tenant (except in the case event of an emergency), in which event, no notice shall be required; however, Landlord shall endeavor (but shall not be obligated) to enter the Premises deliver subsequent notice to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect themTenant; (ii) show diligently prosecute the Premises to prospective tenants (but only during completion of any required work within the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or ground or underlying lessorsPremises; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use exercise commercially reasonable efforts to schedule any such work outside minimize interference with Tenant’s use, access, occupancy and quiet enjoyment of Building Hours, or the Premises; and (viv) exercise commercially reasonable efforts to exercise, protect Tenant’s property located in compliance with the terms of this Lease, rights and obligations of Landlord under this LeasePremises from damage. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Demised Premises or 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 Premisessuch entry.

Appears in 1 contract

Samples: Lease Agreement (UWM Holdings Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency)) and at all times (except in the case of an emergency) accompanied by an authorized representative of Tenant and subject to Tenant's reasonable rules and regulations, to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes as permitted or other applicable lawsrequired by the terms of this Lease, or for structural alterations, repairs or improvements to the Building; provided that Building Structure. Notwithstanding anything to the contrary contained in this Article 27, Landlord agrees may enter the Premises at any time to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (vA) to exercise, in compliance with the terms of this Lease, rights and obligations perform services required of Landlord under this LeaseLease after reasonable notice to Tenant; (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 (after any applicable notice and cure periods). Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Except as otherwise set forth in Section 6.4, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have 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.advance

Appears in 1 contract

Samples: Center Office Lease (Farville Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, and upon reasonable notice to Tenant (except in the case of an emergency), to may enter the Premises at reasonable hours (which will be deemed to include all normal business hours) to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect themthe Premises; (ii) show exhibit the Premises to prospective tenants (but only during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgageeslenders, insurer or ground or underlying lessorstenants; (iii) determine whether Tenant is complying with all its obligations hereunder; (iv) supply janitorial service and any other service to be provided by Landlord to Tenant hereunder; (v) post notices of nonresponsibility; (ivvi) subject take possession due to SECTIONS 8.1.2 any breach of this Lease in the manner provided by this Lease; (vii) perform any covenants of Tenant which Tenant fails to perform; and 10.3.2(viii) repair, to alter, alter or improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to any portion of the Building; , whether pursuant to Section 10.1 of this Lease or as otherwise provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, for in compliance with the terms of this Lease, rights and obligations may for such purposes erect, use and maintain scaffolding, pipes, conduits and other structures in and through the Premises where reasonably required by the nature of the work to be performed. All such work will be done as promptly as reasonably possible and Landlord under shall use reasonable commercial efforts so as to cause as little interference with the operation of Tenant’s business as reasonably possible. Provided that Landlord has used reasonable commercial efforts to minimize interference, there will be no abatement of any Rent or Other Charges by reason of Landlord’s entry of the Premises pursuant to this Section 17 of the Lease. Subject Provided that Landlord has used reasonable commercial efforts to the foregoingminimize interference, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives any claims claim for damages, including but not limited to interference with business, lost profits, and any other incidental or consequential damages or of any sort whatsoever, for any injuries injury or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, or about the Premises, Premises (excluding Tenant's ’s vaults, safes and special security similar areas designated in advance writing by TenantTenant 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 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 shall by any of said means, or otherwise, will not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an actual or constructive eviction eviction, of Tenant from the Premises, or any portion of the Premises.the

Appears in 1 contract

Samples: Letter Agreement (SuccessFactors, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable notice to Tenant (which shall not be less than twenty-four (24) hours except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights 's systems and obligations of Landlord under this Leaseequipment. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in Section 19.5.2 of this Lease, and may take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives any claims for damages or for any injuries or inconvenience . Landlord shall use commercially reasonable efforts to or minimize interference with the conduct of Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of business in connection with such entries into the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's 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. To the extent reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs under this Lease and Tenant shall not have any right to terminate this Lease or xxxxx Rent (except as otherwise provided in Section 19.5.2 of this Lease) or assert a claim of partial or constructive eviction because of any such closure (provided that Landlord shall perform any such repairs outside of normal business hours to the extent reasonably possible). 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: Sorrento Gateway (Sorrento Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at At all reasonable ----------------- times, times and upon reasonable notice to Tenant (except Tenant, or in the case of an emergency), to Landlord may enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect themthe Premises; (ii) show the Premises to prospective tenants (but only purchasers, current or prospective Security Holders or insurers, or, during the last twenty-four (24) 12 months of the Lease Term (or any Option Term where Tenant has not previously exercised while an available extension optionuncured Default exists), purchasers, mortgagees, or ground or underlying lessorsprospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterationsperform maintenance, repairs or improvements alterations required or permitted hereunder. At any time and without notice to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoingTenant, Landlord may make any such entries without enter the abatement of RentPremises to perform required services; provided, may take such reasonable steps as required to accomplish the stated purposeshowever, and Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's businessthat, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposesexcept in an emergency, Landlord shall at all times have 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 key with which service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to unlock all the doors in the Premisesperform maintenance, excluding Tenant's vaults, safes and special security areas designated in advance by Tenantrepairs 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 entry into the Premises by Except in an emergency, Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, comply with any reasonable security procedures of Tenant (such as procedures requiring identification of any person entering the Premises, accompaniment by a Tenant employee, and/or the wearing of a badge, but excluding any background check that (i) requires the provision of identifying information other than (a) photo identification or an actual other reasonable evidence of such person’s name, and (b) the name of such person’s employer, (ii) requires more than five (5) minutes to complete, or constructive eviction (iii) precludes entry for any reason other than discovery that such person (a) has been convicted of Tenant from a felony involving dishonesty or breach of trust, or (b) is a Prohibited Party (defined in Section 25.3). No entry into or closure of 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 1 contract

Samples: Office Lease (Atmel Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable notice to Tenant (which shall not be less than twenty-four (24) hours except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights ’s systems and obligations of Landlord under this Leaseequipment. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in Section 19.5.2 of this Lease, and may take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives any claims for damages or for any injuries or inconvenience . Landlord shall use commercially reasonable efforts to or minimize interference with the conduct of Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of ’s business in connection with such entries into the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's 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. To the extent reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs under this Lease and Tenant shall not have any right to terminate this Lease or xxxxx Rent (except as otherwise provided in Section 19.5.2 of this Lease) or assert a claim of partial or constructive eviction because of any such closure (provided that Landlord shall perform any such repairs outside of normal business hours to the extent reasonably possible). 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: Sorrento Gateway (Sorrento Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable no less than twenty-four (24) hours' prior notice to Tenant (except in the case of an emergency), in which case, no prior notice shall be required) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment; provided, however, except for (a) emergencies, (b) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (c) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that further that, with respect to items (b) and (c) above, Landlord agrees to shall use commercially reasonable efforts to schedule any such work outside of Building Hoursnot materially interfere with Tenant's use of, or access to, the Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (vA) perform services required of Landlord; (B) take possession due to exercise, in compliance with the terms any breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant shall at all times, and Tenant hereby waives except in the case of emergencies, have the right to escort Landlord or 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 Landlord Parties while the same are in 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. Notwithstanding anything to the contrary set forth in this Lease, Tenant may reasonably designate 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 (x) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (y) as required by Applicable Law, or (z) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval. 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. For purposes of this Article, an emergency situation is one that poses a threat of imminent bodily harm or property damage. If Landlord makes an emergency entry onto the Premises when no authorized representative of Tenant is present, Landlord shall use commercially reasonable efforts to provide telephone notice to Tenant as soon as reasonably possible within twenty-four (24) hours after that entry and shall take reasonable steps to secure the Premises until a representative of Tenant arrives at the Premises.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon 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) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective purchasers or tenants (but with respect to prospective tenants only during the last twenty-four final nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension optionTerm), purchasers, or to current or prospective mortgagees, or ground or underlying lessorslessors or insurers; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease by Tenant (beyond applicable notice and cure periods) in the manner provided that herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord agrees to shall use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance minimize interference with the terms conduct of this Lease, rights and obligations of Landlord under this LeaseTenant’s business in connection with such entries into the Premises. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, Rent and may take such reasonable steps as required to accomplish the stated purposes, and . Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business’s business and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyin connection with such entries. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes safes, server room, clean room, finished good inventory area and other special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No 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 (NeuroPace Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, subject to Tenant's reasonable security requirements (and during Building Hours with respect to items (i) and (ii) below), and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time upon reasonable prior written notice to Tenant (except that Landlord agrees no notice shall be required in an emergency or to use commercially reasonable efforts to schedule any perform regularly scheduled service, such work outside of Building Hours, or (vas janitorial service) to exercise(A) perform services required of Landlord, in compliance with the terms including janitorial service; (B) take possession due to any breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry 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, unless such after-hours entry is not compatible with Tenant's security requirements. With respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Except as otherwise set forth in Section 3.2, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, unless Tenant is maintaining 24-hour on-site staffed security for access to the Premises (in which case no keys must be provided to Landlord), 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 reasonably deem proper proper, under the circumstances (including whether or not access is available through Tenant's security services), to open the doors in and obtain access 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 (Fair Isaac Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable notice to Tenant (except in the case of an emergency), to enter the Premises to to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or to the ground or underlying lessors; (iii) during the last twelve (12) months of the Lease Term, show the Premises to prospective tenants; (iv) to post notices of nonresponsibility; or (ivv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Building to the extent permitted or required to be performed by Landlord agrees under this Lease. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations (in which case Landlord shall use commercially reasonable efforts to schedule any notify Tenant verbally prior to such work outside of Building Hours, or (ventry) and/or to exercise, in compliance with the terms of this Lease, rights and obligations perform services required of Landlord under pursuant to this Lease. Subject to the foregoing, Landlord may make any Any such entries shall be without the abatement of Rent, may Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes, and . Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby Landlord’s exercise of Landlord’s rights under this Article 22. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice (subject, however, to Landlord’s obligation to use commercially reasonable efforts to notify Tenant verbally prior to such entry as described hereinabove) 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. Notwithstanding anything to the contrary set forth above in this Article 22, during any such entry by Landlord under this Article 22, (except in the event of an emergency or Landlord’s entry to perform its obligations under this Lease), at Tenant’s option, Landlord shall (A) comply with all reasonable security requirements reasonably established by Tenant so long as the same have been delivered to Landlord in writing prior to such entry, and (B) be accompanied by a representative of Tenant if such representative is reasonably made available to Landlord.

Appears in 1 contract

Samples: Escrow Agreement (Polycom Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises Premises, after first checking in with Tenant’s receptionist or other representative of Tenant (if such receptionist or other representative is available at the time of such entry), to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsApplicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenaxx xxxls to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Except as otherwise expressly set forth in Section 6.7 or elsewhere in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable at least one (1) business day prior written notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject make such alterations, improvements, additions or repairs to SECTIONS 8.1.2 and 10.3.2all or any portion of the Premises, the Base Building or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to alterperform under applicable Laws, improve -------------- ------ or repair by any governmental or quasi governmental authority, or by court order or decree. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises or 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 Building if necessary manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to comply perform. Except with current building codes or other applicable lawsrespect to clause (B), or for structural alterationsabove, repairs or improvements to the Building; provided that Landlord agrees to shall use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance minimize interference with the terms conduct of this Lease, rights and obligations of Landlord under this LeaseTenant's business in connection with such entries into the Premises. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes, and . 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 (INPHI Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four six (246) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that ’s systems and equipment. 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 agrees and Tenant hereby agree and acknowledge that, except in the case of an emergency, Landlord shall enter such Secured Areas 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 schedule any such work outside entries into the Secured Areas by Landlord at times that are mutually convenient to both Landlord and Tenant, taking into consideration the nature of Building HoursTenant’s operations in the Premises and the nature of the desired entry. Notwithstanding anything to the contrary contained in this Article 27, or Landlord may enter the Premises at any time to (vA) perform services required of Landlord, including janitorial service; (B) take possession due to exercise, in compliance with the terms any breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, and 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 hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment ’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, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. 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 (Entropic Communications Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- timestimes (during the hours of 8:00 A.M. to 6:00 P.M. Monday through Friday, and on Saturdays from 9:00 A.M. to 1:00 P.M. with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option(but subject to Tenant’s right to designate in advance special security areas as set forth herein below), purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, ’s systems and equipment in compliance accordance with the terms and conditions of this Lease, rights and obligations of Landlord under this Lease. Subject Notwithstanding anything to the foregoingcontrary 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 Xxxxxx fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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 Xxxxxx’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. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’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 (Roka BioScience, Inc.)

ENTRY BY LANDLORD. Subject to Tenant's reasonable security arrangements, Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable notice to Tenant prior Notice (which Notice shall (except in cases of emergency in which case no Notice shall be required) be at least forty-eight (48) hours' prior written notice with respect to items (iii) and (iv) below and may be forty-eight (48) hours' prior oral notice to Tenant's office manager with respect to items (i) and (ii) below) to the case of an emergency), Tenant to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect themthem during Business Hours; (ii) show show, during Business Hours, the Premises to prospective tenants (but only purchasers, mortgagees or ground or underlying lessors, or, during the last twenty-four eighteen (2418) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsprospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises Premises, the Building, or the Building Project if necessary to comply with current building codes or other applicable lawsApplicable Laws, or for structural alterations, repairs or improvements to the BuildingBuilding or the Project as required or permitted under the Lease. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; provided that Landlord agrees and (B) subject to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this LeaseSection 26.1 above, rights and obligations perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as expressly provided in Section 19.5.2, above, and may 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 and shall be performed after Business Hours if reasonably practical and subject to reasonable scheduling with Tenant. 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; provided, however, that in no event shall the unavailability of such escort at the time that Landlord is permitted to enter the Premises delay Landlord's entry into the Premises as permitted hereunder. 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. Even in emergency situations, Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant's business operations. 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; provided, however, that Landlord shall, subject to Section 10.1 of this Lease and to the extent that such damage is not covered by insurance required to be carried by Tenant under this Lease or caused by any governmental agencies, repair any damage to the Premises caused by any such emergency entry into the Premises by Landlord. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate certain areas of the Premises as "SECURED AREAS" should Tenant require such areas for the purpose of securing certain valuable property or confidential information, including, without limitation, the data center and toy library portions of the Premises. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency or unless Landlord is accompanied by a Tenant escort, to the extent an escort is reasonably available. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (ii) as required by Applicable Laws, 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.

Appears in 1 contract

Samples: Office Lease (Etoys Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least one (1) business days’ prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four six (246) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms default of this Lease, rights Lease by Tenant (beyond the applicable notice and obligations of Landlord cure periods); and (C) perform any covenants required to be performed under this LeaseApplicable Laws. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, and 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 hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment ’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, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. 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. Tenant may, by written notice to Landlord, designate portions of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord and Landlord’s agents may not enter such Secured Areas, except in the event of an emergency. Landlord shall not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such Secured Areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval, and provided that any such maintenance and/or repairs to the Secured Areas by Landlord shall only be conducted by Landlord following Landlord’s prior notice to Tenant providing Tenant with adequate time to relocate the property and information contained in the Secured Areas and/or to designate an employee of Tenant be present during Landlord’s entry into such Secured Areas.

Appears in 1 contract

Samples: Sublease Agreement (Mast Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves Landlord, its agents, employees and contractors reserve the right at all reasonable ----------------- timesduring normal business hours, and upon reasonable prior notice to Tenant Tenant, which notice may be given orally (except in the case of an emergency)Emergency, in which case no prior notice shall be required) to enter the Premises to (ia) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (iib) show the Premises to current or prospective tenants (but only purchasers, Mortgagees, insurers, ground lessors or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorstenants; (iiic) post notices of nonresponsibility; or (ivd) subject to SECTIONS 8.1.2 and 10.3.2improve, to alter, improve -------------- ------ clean, maintain or repair the Premises. Notwithstanding anything to the contrary contained in this Article 26, Landlord, its agents, employees and contractors, may enter the Premises or the Building if necessary at any time without prior notice to comply with current building codes Tenant to (i) perform services required of Landlord, including, without limitation, janitorial service; (ii) access common areas or other applicable lawsareas that serve one or more tenants (other than Tenant) (including, without limitation, any electrical; data or cabling closet [“IDF Closer]) and Tenant shall not block or obstruct access to any such common areas or facilities or equipment (without limiting the foregoing, Tenant shall not block or obstruct access to the fire shutters or IDF Closet located in the Premises); (iii) to improve, alter, clean, maintain or repair the Building, or for to make structural and non-structural installations (including, without limitation, installations of cable and wiring), alterations, repairs repairs, replacements, maintenance, inspections or improvements to the BuildingBuilding or the Building Systems and equipment (including, without limitation, to serve or improve other tenants’ premises); provided that Landlord agrees and (iv) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights and obligations of Landlord under this LeaseLease in the manner provided herein. Subject Notwithstanding anything to the foregoingcontrary contained herein, Tenant shall also permit other tenants and such tenant’s agents, employees and contractors to enter the Premises for the purposes set forth in clauses (ii) and (iii) above. Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in an Emergency, Xxxxxxxx will not close the Premises if the work can reasonably be completed on weekends and after Building Hours. In connection with any entry into the Premises, Xxxxxxxx agrees to use reasonable efforts to minimize interference with Xxxxxx’s operations in the Premises caused by such entry and to minimize the duration of any such interference. Tenant hereby waives any claims Claims for damages or for any injuries or inconvenience to or interference with Tenant's Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby any entry into the Premises pursuant to this Article 26. 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 emergencyEmergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may deem proper reasonable to open the doors in and to enter the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described any party that is permitted to so enter pursuant to this Article 26 and work performed by any such party hereunder is hereby consented to by Tenant and 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 PremisesPremises or entitle Tenant to an abatement of Rent. Notwithstanding the foregoing to the contrary, if Landlord requires Tenant to close the Premises during Building Hours pursuant to this Article 26 for a period of more than seventy-two (72) hours, Tenant shall be entitled to an abatement of Rent, commencing after the expiration of such seventy-two (72) hour period and continuing thereafter during the rest of the period that the Premises are so required to be closed.

Appears in 1 contract

Samples: Office Lease (Cambium Networks Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable prior written notice to Tenant (except in the case of an emergency), to enter the Premises to to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but only during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension optionTerm), purchasers, mortgagees, or to the ground or underlying lessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to exercisethe contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in compliance with the terms of this Leaseemergency situations and/or to perform janitorial or other regularly scheduled or routine maintenance, rights and obligations repairs or services required of Landlord under pursuant to this Lease. Subject to the foregoing, Landlord may make any Any such entries shall be without the abatement of Rent, may Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes, and purposes so long as Landlord uses commercially reasonable efforts to minimize the interference with Tenant’s use of the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby so long as Landlord uses commercially reasonable efforts to minimize the interference with Tenant’s use 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 ’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.

Appears in 1 contract

Samples: Lease (Hippo Holdings Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- timesduring normal business hours, when accompanied by a representative of Tenant and upon reasonable no less than forty-eight (48) hours prior notice to Tenant (except in the case of an emergency), and in compliance with Tenant's reasonable security measures, to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees or tenants, or to current or prospective mortgagees, or ground or underlying lessorslessors or insurers; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under Tenant which Tenant fails to perform. Except as provided otherwise in this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, Rent and may take such reasonable steps as required to accomplish the stated purposes, and . Tenant hereby waives any claims (except with respect to damage to Tenant's personal property or the amount of any physical injury, but only to the extent caused by the gross negligence or willful misconduct of Landlord) for 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 Except as provided otherwise in this Lease, any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No 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 (Newgen Results Corp)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right at all reasonable ----------------- times, and upon reasonable notice to Tenant (which shall not be less than two (2) days except in the case of an emergency), which notice may be given orally or in writing (including by email), to enter the Leased Premises at all reasonable business hours (and at all other times in the event of an emergency): (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 12(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (ib) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show for the purpose of showing the Leased Premises to prospective tenants purchasers and mortgagees and, at any time within twelve (but only during the last twenty-four (2412) months prior to the expiration of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations Lease for the purpose of Landlord under this Lease. Subject showing the same to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and 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 therebyprospective tenants. For each of the above these purposes, Landlord shall may at all times have and retain a key with which to unlock all of the doors in doors, in, upon or about the Leased Premises, excluding Tenant's vaults, vaults and safes and special security areas designated in advance restricted by law such as areas of the pharmacy which are required to be locked and monitored. No such entry shall constitute an eviction of Tenant. In , entitle Tenant to an emergencyabatement of Rent or to terminate this Lease, Landlord or otherwise release Tenant from any of Tenant's obligations under this Lease, but any 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 be done by Landlord in such reasonable manner as to minimize any disruption of Tenant's business operation. Notwithstanding anything herein to the manner hereinbefore described shall not be deemed to be a forcible or unlawful contrary, any entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from by Landlord into any portion of the PremisesLeased Premises must comply in all respects with the Health Insurance Portability and Accountability Act (“HIPAA”) and such persons may be accompanied by a Tenant representative if requested by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Except as otherwise set forth in Section 6.4, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have 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. XXXXXX REALTY 571981.06AVLA 0000 Xxxxxxxxx Xxxxx K4064-066/6-8-04/pjr/pjr -48-[STMicroelectronics, Inc.]

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable prior notice to Tenant (but no less than one (1) business day, except in the case of an emergency), emergencies or to perform regularly scheduled services) to the Tenant to enter the Premises to to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, mortgagees or ground or underlying lessors, or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building Retail Area if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the BuildingPremises Retail Area; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) perform services or other obligations required of Landlord under this Lease which are other than regularly scheduled services and/or maintenance obligations. The parties further agree that neither Landlord nor any of Landlord’s employees, invitees, licensees, tenants, third parties or assigns, shall be permitted any access to exercisethe Premises unless reasonably coordinated with Tenant upon not less than one (1) business day prior written notice, except in the event of an emergency, in compliance which case no prior notice is required, but shall be given as soon as reasonably practicable accompanied with a reasonable written explanation of the terms of reason for access. Notwithstanding anything to the contrary contained in this LeaseArticle 25, rights and Landlord may enter the Premises at any time to (A) perform regularly scheduled services and/or maintenance obligations required of Landlord under this Lease; and (B) perform, in accordance with the provisions of this Lease, any covenants of Tenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any Any such entries shall be without the abatement of Rent, may except as otherwise expressly provided in Section 19.8.2 of this Lease, 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. Subject to the provisions of Section 19.8.2 of this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, or any loss of occupancy or quiet enjoyment of the Premises, and Premises in connection with any other loss occasioned therebyentry by Landlord in accordance with the terms of this Article 25. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the PremisesPremises so long as Landlord repairs any damage caused thereby and notice is given as soon as reasonably practicable accompanied with a reasonable written explanation of the reason for access. Any entry into the Premises by Landlord in the manner mariner 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 may, after reasonable prior notice to and consultation with Landlord, 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 only enter such Secured Areas upon three (3) business days’ notice to Tenant which notice shall specify the date and time of such entry by Landlord (and Tenant shall have the right to escort Landlord); provided, however, that Landlord may enter the Secured Areas without notice to Tenant and without escort in the event of an emergency, in which case Landlord shall provide Tenant with notice of such entry promptly thereafter.

Appears in 1 contract

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable twenty-four (24) hours’ notice to Tenant (except in the case emergency situations and/or to perform janitorial or other services required of an emergency)Landlord under this Lease, in which event no prior notice shall be required) to enter the Premises to to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but only with respect to prospective tenants, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension optionTerm), purchasers, mortgagees, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to exercisethe contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in compliance with the terms of this Lease, rights and obligations emergency situations and/or to perform janitorial or other services required of Landlord under pursuant to this Lease. Subject to the foregoing, Landlord may make any Any such entries shall be without the abatement of Rent, may Rent and shall include the right to take such reasonable [FINAL EXECUTION COPY]SMRH:478611488.18 -33- 600 B STREETMitek Systems, Inc. 92917 35XW-244846 steps as required to accomplish the stated purposes, and . 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; provided, however, in the course of taking such action, Landlord shall use commercially reasonable efforts not to interfere with or adversely affect Tenant’s business operations at the Premises (subject to events and circumstances outside of Landlord’s reasonable control).

Appears in 1 contract

Samples: Office Lease (Mitek Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that ’s systems and equipment. Landlord agrees to shall use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance minimize interference with the terms operation of Tenant’s business 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 (A) any reasonable time to reasonably perform services required of Landlord; (B) any time to take possession due to any breach of this Lease, rights Lease in the manner provided herein; and obligations (C) any reasonable time to perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant“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 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, 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 (Unity Software Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable notice to Tenant (except in the case of an emergency), ) to enter the Premises (and/or Terrace and Building Parking Facilities, during any period of Tenant’s exclusive use thereof) to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises (and/or Terrace and Building Parking Facilities) to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2access the Terrace, not more than one (1) time within any six (6) month period, to alterview the Terrace and offer tours to guests, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to shall use commercially reasonable efforts to schedule avoid conflicts with any such work outside particular pre-planned use of Building Hoursthe Terrace by Tenant, or (v) make such alterations, improvements, additions or repairs to exerciseall or any portion of the Premises, the Base Building, the Building Systems or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to perform under applicable laws, or by any governmental or quasi governmental authority, or by court order or decree. Notwithstanding anything to the contrary contained in compliance with this Article 27, Landlord may enter the terms Premises (and/or Terrace and Building Parking Facilities) at any time to (A) perform services required of Landlord, including janitorial services; (B) take possession due to any breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform within the applicable cure period. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by applicable Laws, 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 whenever 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. Landlord agrees that during any period when Landlord is accessing the Premises, it may have access to non-public information concerning Tenant’s business, which is reasonably identifiable as confidential or protected information (the “Tenant Confidential Information”) and Landlord agrees to use commercially reasonable efforts to keep such Tenant Confidential Information confidential. Tenant Confidential Information shall not include information that (a) is or becomes generally available to the public other than as a result of a disclosure by Landlord in violation of this Article 27, (b) was or becomes available to Landlord on a non-confidential basis from a source not known (or that should be known after reasonable inquiry) to Landlord, to be bound by a contractual, legal or fiduciary obligation of confidentiality to Tenant with respect to such information, (c) has been or is subsequently independently conceived or developed by Landlord, without use of or reference to the Tenant Confidential Information. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Snowflake Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable not less than one (1) day’s prior written (which may be by email) notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment; provided provided, however, Landlord acknowledges that certain areas of the Premises contain materials and information that is confidential to Tenant, and/or are substance-controlled (each, a “Restricted Area”); in such areas, Landlord acknowledges and agrees that it will enter a Restricted Area only when accompanied by a representative of Tenant and wearing such protective garments as Tenant shall require. Provided that Landlord agrees to use employs commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance minimize interference with the terms conduct of this Lease, rights Tenant’s business in connection with entries into the Premises and obligations shall take all reasonable efforts to preserve the confidentiality of the business operations of Tenant and shall advise all Landlord under this Lease. Subject Parties to the foregoingdo so, Landlord may make any such entries without the abatement of Rent, may except as otherwise provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes, and 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, and upon the conclusion of the emergency within five (5) business days of Tenant’s request Landlord shall provide a summary to Tenant as to the reason for its entry and those persons who entered the Premises and all actions taken. In the event Drug Enforcement Agency regulations require additional notice requirements following entry by Landlord or require restrictions on entry into the Premises, Landlord shall reasonably cooperate with such requirements provided Tenant provides written notice and proof of such requirements to 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.

Appears in 1 contract

Samples: Lease (Braeburn Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable prior notice (of not less than 48 hours) to Tenant (except in the case of an emergency), to enter the Premises to to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgageesmortgagees or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; , or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations (provided that Landlord agrees notice of such entry shall be given after the fact as soon as reasonably practical) and/or to use commercially reasonable efforts to schedule any such work outside of Building Hours, perform janitorial or (v) to exercise, in compliance with the terms of this Lease, rights and obligations other services required of Landlord under pursuant to this Lease. Subject In an emergency, Landlord shall have the right, by any means that Landlord may deem proper, to open the doors in and to the foregoing, Landlord may make any Premises. Any such entries shall be without the abatement of Rent, may Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes, and provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use. 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 843078.08/SD374622-00033/8-4-16/MLT/dek -41- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] 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: Basic Lease Information (Achaogen Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable prior notice to Tenant (not less than 48 hours except in the case of an emergency"Emergency," as defined below), and subject to Tenant's approval of the particular visitors, contractors and service providers, which approval shall not be unreasonably withheld, conditioned, or delayed (provided that such prior approval shall not be required in the event of an Emergency if not reasonably practicable), to enter the Premises and Project to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but provided that with respect to prospective tenants, only during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Term, and provided that if a prospective tenant is a direct competitor of Tenant, as reasonably determined by Tenant, such prospective tenant shall be accompanied by a representative of Tenant has at all times, may not previously exercised an available extension optionhave more than two people present from the prospective tenant's company, and may be excluded from interior areas of the Premises as reasonably determined by Tenant), purchasers, or to current or prospective mortgagees, or ground or underlying lessorslessors or insurers; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building; Base Building required or permitted hereunder. All such visitors (including without limitation prospective tenants specified above), contractors and service providers shall be required to execute Tenant’s standard confidentiality agreement, provided that Landlord agrees in the event of an Emergency such visitors, contractors and service providers shall be required to use commercially reasonable efforts to schedule execute Tenant’s standard confidentiality agreement if reasonably possible. At Tenant's option, Tenant may require that an employee of Tenant accompany any such work outside visitors. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any Default by Tenant of Building Hours, or this Lease in the manner provided herein; and (vB) subject to exercise, in compliance with the terms of this LeaseSection 26.1, rights and obligations perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, Rent (except to the extent provided in Section 19.5.2) and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that except for Emergencies, Landlord shall use commercially reasonable efforts in connection with any entry not to materially interfere with Tenant’s use of the Premises and to perform the same after business hours if reasonably practical. Provided that Landlord has complied with its obligations under this Article 27, 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 purposesuse in an Emergency only, Landlord shall at all times have a key with which to unlock all the doors in the Premises. Notwithstanding anything to the contrary set forth in this Lease, excluding Tenant's vaultsTenant may designate certain areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, safes Landlord shall not enter such Secured Areas except in the event of an Emergency. Landlord shall only maintain or repair such Secured Areas to the extent (i) such repair or maintenance is required in order to maintain and special security areas repair the Building Structure and/or the Building Systems; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated in advance by Tenant, subject to Landlord’s reasonable approval. In an emergencyEmergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. 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 760812.06/WLA375983-00004/11-2-16/ejs/ejs 51 COLORADO CENTER[2400 Broadway][Kite Pharam, Inc.] expressly agreed to be performed by Landlord herein. For purposes of this Lease, an "Emergency" shall mean a situation that threatens imminent material harm to persons or property.

Appears in 1 contract

Samples: Office Lease (Kite Pharma, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Rockley Photonics Holdings LTD)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, and however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment ’s use of the Premises, Premises and any other loss occasioned therebyshall be performed after normal business hours if reasonably practical. For each of the above purposes, Landlord shall at all times have a key with which With respect 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.items

Appears in 1 contract

Samples: Work Letter Agreement (Dexcom Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (including during business hours) and upon reasonable 24 hours notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or to prospective tenant (provided that if Tenant is not in default, the showing of the Premises to prospective tenants (but only shall be limited to during the last twenty-four six (246) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension optionTerm), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, Rent and may take such reasonable steps as required to accomplish the stated purposes, and . 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 (OverNear, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for emergencies, in connection with any such entry by Landlord, Landlord shall use commercially reasonable efforts not to unreasonably interfere with Tenant’s use of the Premises and such entries 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 ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

ENTRY BY LANDLORD. Landlord reserves and its employees and agents will at all times have the right to enter the Building as reasonably necessary to provide the janitorial services pursuant to Exhibit "D" attached hereto (such service shall be scheduled for outside of Normal Building Hours - "NORMAL BUILDING HOURS" for the Building shall be 7:00 AM to 6:00 PM, Pacific Time, Monday through Friday; and 8:00 AM to 1:00 PM Saturdays) and, upon at all reasonable ----------------- times, and upon reasonable least forty-eight (48) hours' prior written notice to Tenant (except in the case cases of an emergency)) to Tenant, to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTUREinspect the Premises, LLC [20th Century Industries; 6303 Owensmouth] inspect them; perform maintenance, repairs and other obligations required to be performed by Landlord under this Lease, (ii) show the Premises to prospective tenants purchasers and prospective lenders and/or, (but only iii) during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)term only, purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair show the Premises or the Building if necessary to comply with current building codes or other applicable lawsprospective tenants. In exercising such entry rights, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to will use commercially reasonable efforts to schedule any such work outside of Building Hoursminimize, or (v) to exerciseas reasonably practicable, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profitsand will provide Tenant with reasonable advance notice of any such entry (except in emergency situations). Landlord, any loss of occupancy in exercising its rights under this Lease, (i) shall not interfere with access to the Premises or quiet Tenant's use and enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposesParking Areas and/or the Exterior Areas, Landlord (ii) shall at all times in no event have a key with which access to unlock all the doors Tenant's designated secure area except in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In case of an emergency, Landlord and (iii) shall have the right to use repair, restore and redecorate any means that Landlord may deem proper to open the doors in and damage to the PremisesPremises caused by or at the direction of Landlord in exercising such rights. Any entry into Prior notice is not required for Landlord to inspect the Premises by Landlord in outside 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 PremisesBuilding.

Appears in 1 contract

Samples: Work Letter Agreement (Emulex Corp /De/)

ENTRY BY LANDLORD. 13.1 Landlord reserves and its authorized representatives shall have the right to enter the Premises at all reasonable ----------------- times, times and upon reasonable advance notice to Tenant (except in the case event of an emergency), to enter the Premises to ) (i) -60- XXXXXXX XXXXXX CENTER VENTUREto determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) to maintain or to make any repair or restoration to the Building, (iii) to install any meters or other equipment which Landlord may have the right to install, (iv) to serve, post, or keep posted any notices required or allowed under the provisions of this Lease, (v) to post "for rent" or "for lease" signs during the last three (3) months of the term or during any period while Tenant is in default, (vi) to show the Premises to prospective tenants brokers, agents, buyers, tenants, or persons interested in an exchange, (but only during vii) to shore the last twenty-four (24) months foundations, footings, and walls of the Lease Term Building and to erect temporary scaffolding and protective barricades around and about the Building or the Premises for safety purposes, but not so as to prevent entry into the Premises, and (viii) to do any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, other act or ground thing necessary for the safety or underlying lessors; (iii) post notices preservation of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and 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 have the right at all times to have and retain a key with which to unlock all doors in, upon and about the doors in the Premises, Premises excluding Tenant's vaultsvaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the doors gain entry in an emergency, and any entry to the Premises. Any entry into the Premises obtained by Landlord in accordance with the manner hereinbefore described foregoing 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 the Premises or any portion thereof; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi- governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder and have not been completed by Tenant, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with 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 and any loss of occupancy or quiet enjoyment of the Premises.Premises by reason of Landlord's exercise of its rights of entry in accordance with this Article 13, except with respect to property damage caused by Landlord's negligence or wilful misconduct, and, except as set forth in Section 12.7, above, Tenant shall not be entitled to an abatement or reduction of Rent in connection therewith. 14. MAINTENANCE AND REPAIR; COMPLIANCE WITH LAW 14.1

Appears in 1 contract

Samples: Office Lease (Activision Inc /Ny)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants purchasers, mortgagees or (but only during the last twenty-four final twelve (2412) months of the Lease Term Term) tenants, or any Option Term where Tenant has not previously exercised an available extension option), purchasers, to current or prospective mortgagees, or ground or underlying lessorslessors or insurers; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) subject make reasonably necessary alterations, improvements or repairs to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements Systems. Notwithstanding anything to the Buildingcontrary 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 Default of this Lease in the manner provided that herein; and (C) perform any covenants of Tenant which Tenant fails to perform following applicable notice and cure periods. Landlord agrees to shall use commercially reasonable efforts to schedule 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 outside of Building Hoursrepairs 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 (v) to exercise, in compliance with the terms evening and the cleaning of this Lease, rights and obligations of Landlord under this Lease. Subject any work area prior to the foregoing, commencement of the next business day). Landlord may make any such entries without the abatement of Rent, Rent (except as specifically set forth in Section 19.5.2 of this Lease) and may take such reasonable steps as required to accomplish the stated purposes, and . 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 1 contract

Samples: Office Lease (Okta, Inc.)

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ENTRY BY LANDLORD. Subject to the terms of Section 23.2 below, Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable at least 48 hours’ advance written notice to Tenant (except no such notice shall be required in the case of an emergency), emergencies) to enter the Premises to to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or mortgagees, or to the ground or underlying lessors and, during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; and/or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsLaws, or for structural alterations, repairs or improvements to the Building; provided that Building which Landlord agrees is required to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord perform under this Lease. Subject Notwithstanding anything to the foregoingcontrary contained in this Article 23, but subject to Section 23.2 below, Landlord may make enter the Premises at any time to perform regularly scheduled services required of Landlord (such as, for example, janitorial services) or in the event of an emergency. Any such entries shall be without the abatement of Rent, may Rent (except as provided in Section 6.6 above) and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Subject to Sections 6.6 and 10.1.2 above, and Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding anything to the contrary set forth above, Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises as a result of Landlord’s exercise of its entry rights under this Article 23. Tenant, at its option, shall have the right to have Tenant’s representative accompany Landlord or Landlord’s representative in Landlord’s entry of the Premises pursuant to this Article 23 (and Tenant shall make such representative readily available for such purposes) and Landlord agrees to comply with any reasonable security measures Tenant may have (except in the event of an emergency, which such compliance shall not be required).

Appears in 1 contract

Samples: Office Lease (United Online Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least one (1) business days’ prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsas required hereunder, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment as required hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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. Landlord acknowledges and XXXXXX REALTY Del Mar Corporate Centre II [DermTech, Inc.] 0000-0000-0000.7 377185.00017/7-1-21/gjn/gjn agrees that any entry by Landlord hereunder shall be in compliance with Tenant’s reasonable security requirements. 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 (DermTech, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable a minimum of twenty-four (24) hours’ notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights 's systems and obligations of Landlord under this Leaseequipment. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes, and 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 reasonably deem proper to open the doors in and to the Premises. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Xxxxxx's business in connection with entries into the Premises and agrees to comply at all times with Tenant’s reasonable safety protocols and regulations when entering 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.. 38

Appears in 1 contract

Samples: Lease (Myriad Genetics Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Except as otherwise set forth in Section 3.2, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by TenantTenant (the “Security Areas”). Notwithstanding anything set forth in this Article 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an emergency where such entry is reasonably required. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant’s immediate cooperation in connection therewith. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

ENTRY BY LANDLORD. Landlord reserves (a0 Landlord, the Board of Managers and their respective agents and contractors shall have the right at all reasonable ----------------- timesto enter or pass through the Premises: (i) to examine and show Premises to actual and prospective lenders, Senior Interest Holders and purchasers and, during the last 18 months of the Term, prospective lessees of the Unit, (ii) to conduct such activities as are incidental to the operation and maintenance of, and upon to make repairs and alterations in, the Premises, the Unit and/or the Building and their respective systems, facilities and equipment, (iii) to remove any violation of Law noted or issued against the Building, the Unit, the Premises or any part thereof and (iv) to read and maintain utility meters located therein; provided, however, that any such entry pursuant to clauses (i) and (ii) above shall be during Business Hours. Any entry by Landlord shall be made on reasonable advance oral notice and, at Tenant's request, Landlord shall be accompanied by an agent of Tenant, except in emergency situations where no such notice and/or supervision shall be required. In exercising its rights under this Section 12.7, Landlord shall use, and shall use reasonable efforts to Tenant cause the Board of Managers to use, reasonable efforts to avoid unreasonable interference with the normal conduct of Tenant's business in the Premises. Landlord and the Board of Managers each shall have a pass key (or similar entry device) to the Premises which may only be used with Tenant's permission, except in the case of an emergency), and shall be allowed to bring materials and equipment into the Premises as required in connection with maintenance, repairs and alterations, without any liability to Tenant and without any reduction of Tenant's obligations. (b0 If, during the last month of the Term, Tenant has removed all or substantially all of Tenant's Property from the Premises, Landlord, without notice to Tenant, may immediately enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ renovate and decorate the same, without liability to Tenant and without reducing or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with otherwise affecting 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 Premisesobligations hereunder.

Appears in 1 contract

Samples: Escrow Agreement (Fahnestock Viner Holdings Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or to prospective tenants (but only provided that Landlord agrees that except in the event (a) Tenant is in default under this Lease, (b) Landlord and Tenant are negotiating for or have agreed to an early termination of this Lease or Landlord intends to relocate Tenant, or (c) Landlord and Tenant otherwise mutually agree to the contrary, Landlord shall not show the Premises to prospective tenants except during the last twenty-four twelve (2412) months of the then current Lease Term or any Option Term where Tenant has not previously exercised an available extension optionTerm), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Except in the case of an emergency, Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises, provided Tenant makes such employee available at the time Landlord or such other party desires to enter the Premises, and, except in the case of an emergency, Landlord shall use commercially reasonable efforts to comply with Tenant’s reasonable security measures of which Landlord is notified in advance in writing which may include requiring that the person(s) entering the Premises and any third parties (such as prospective lenders, purchasers or tenants) execute Tenant’s standard confidentiality agreement upon sign-in to the Premises, provided Tenant makes such confidentiality agreement available at the time Landlord or such other party desires to enter the Premises, and further provided that such confidentiality agreement is in a standard form that Tenant requires all non-employee entrants to the Premises to execute prior to entry to the Premises and is on commercially reasonable terms. If Tenant requires a confidentiality agreement from any such party requiring access to space, Landlord shall not be responsible for any delays that occur 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 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 extent reasonably necessary to perform maintenance and repairs to the Premises and the Project.

Appears in 1 contract

Samples: Office Lease (Amplitude, Inc.)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right right(48) to enter the Premises at all reasonable ----------------- timestimes to inspect the same to determine whether Tenant is complying with its obligations hereunder; to supply janitorial service and any other service to be provided by Landlord hereunder; and, and upon reasonable notice to Tenant (except in the case of an emergency)Tenant, to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show may exhibit the Premises to prospective tenants (but only during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or ground or underlying lessorsmortgagees(49) or(50) prospective tenants(51); (iii) to post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or and any portion of the Building if and Project, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures that are reasonably required by the character of the work to comply with current building codes or other applicable lawsbe performed by Landlord, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside the business of Building Hours, or (v) to exercise, in compliance Tenant shall not be interfered with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and 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 therebyunreasonably. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant's vaultsvaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and to the Premisesevent of an emergency. 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 ------------------------------ accessories and/or electrical distribution panels, and (e) Tenant may surrender with the balance of the Premises telephone and data wiring which conforms to code and any Landlord's work. 44 , 45 and movable trade fixtures 46 any 47 but excluding, at Landlord's option, any item paid for with the Tenant Allowance 48 , upon reasonable advance notice to Tenant, 49 , prospective tenants of other premises at the Project 50 , during the last nine (9) months of the Term, 51 of the Premises, in connection with each of which Tenant shall have the right to appoint a representative of Tenant to accompany Landlord 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 (Earthlink Network Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable notice notice, but in such manner as to cause as little disturbance to Tenant (except in the case of an emergency)as is reasonably practicable, to enter the Premises within an escort by a Tenant representative (if requested by Tenant) to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective purchasers, mortgagees, tenants (but only during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension optiononly), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building Building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that . Landlord agrees shall minimize any interruption of Tenant’s business operations resulting from any entry to use commercially reasonable efforts the Premises hereunder as reasonably practicable, and shall, at its sole cost and expense, repair and restore any damage to schedule any such work outside of Building Hours, the Premises caused by or (v) to exercise, in compliance with at the terms of this Lease, rights and obligations direction of Landlord under this Leasein exercising such rights (subject, however, to Section 10.5). Subject Notwithstanding anything to the foregoingcontrary contained in this Article 27, Landlord may make enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any Event of Default in the manner provided herein; (C) perform any covenants of Tenant which Tenant fails to perform or (D) address an emergency situation. Any such entries shall be without the abatement of Rent, may shall 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, and 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 (Women First Healthcare Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform after applicable notice and cure rights and obligations of Landlord are provided under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement 692500.09/WLA371593-00023/6-13-12/ao/ao -00- XXX XXXXXX[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] of Rent, except as otherwise provided in this Lease, and 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. 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 (Concur Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves the right at At all reasonable ----------------- times, times and upon reasonable notice to Tenant (except Tenant, or in the case of an emergency), to Landlord may enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect themthe Premises; (ii) show the Premises to prospective tenants (but only purchasers, current or prospective Security Holders or insurers, or, during the last twenty-four (24) 12 months of the Lease Term (or any Option Term where Tenant has not previously exercised while an available extension optionuncured Default exists), purchasers, mortgagees, or ground or underlying lessorsprospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterationsperform maintenance, repairs or improvements alterations. At any time and without notice to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoingTenant, Landlord may make any such entries without enter the abatement of RentPremises to perform required services; provided, may take such reasonable steps as required to accomplish the stated purposeshowever, and Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's businessthat, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposesexcept in an emergency, Landlord shall at all times have 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 key with which service that is not performed on a weekly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises to unlock all the doors in the Premisesperform maintenance, excluding Tenant's vaults, safes and special security areas designated in advance by Tenantrepairs 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 entry into the Premises by Except in an emergency, Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, comply with any reasonable security procedures of Tenant (such as procedures requiring identification of any person entering the Premises, accompaniment by a Tenant employee, and/or the wearing of a badge, but excluding any background check that (i) requires the provision of identifying information other than (a) photo identification or an actual other reasonable evidence of such person’s name, and (b) the name of such person’s employer, (ii) requires more than five (5) minutes to complete, or constructive eviction (iii) precludes entry for any reason other than discovery that such person (a) has been convicted of Tenant from a felony involving dishonesty or breach of trust, or (b) is a Prohibited Party (defined in Section 25.3). No entry into or closure of 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 1 contract

Samples: Office Lease (Alliance Data Systems Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during standard business hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises Premises, with a Tenant escort, to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary XXXXXX REALTY THE CAMPUS AT SORRENTO GATEWAY 702009.06/WLA -69- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] contained in this Article 27, Landlord may enter the Premises at any time to (A) with a Tenant escort, perform services required of Landlord; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a an entry key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the PremisesPremises and no prior notice or escort shall be required. 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 (Accelrys, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right and its employees and agents shall at all reasonable ----------------- timestimes and with reasonable advance written notice (which shall be at least 24 hours, and upon reasonable notice to Tenant (except in the case of an emergency)"EMERGENCY", which for purposes of this Lease means situations in which there is an imminent threat to persons and/or property within the Buildings) to Tenant's designated representative who shall initially be Tenant's Director of Corporate Facilities, Jon X. Xxxxxxx, xxve the right to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTUREinspect the same, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show to exhibit the Premises to prospective tenants lenders or purchasers (but only or during the last twenty-four six (246) months of the Lease initial Term or any first Option Term where Period (unless Tenant has not previously exercised an available extension optionits upcoming Option to Extend pursuant to Section 2.3 above) or during the last nine (9) months of the second (2nd) Option Period, to prospective tenants), purchasers, mortgagees, or ground or underlying lessors; (iii) to post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2non-responsibility, and/or to alter, improve -------------- ------ or repair the Premises as contemplated by Section 11.2, all without being deemed guilty of or the Building if necessary to comply with current building codes liable for any breach of Landlord's covenant of quiet enjoyment or other applicable lawsany eviction of Tenant, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any and without abatement of rent. In exercising such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoingentry rights, Landlord may make any such entries without shall endeavor to minimize, as reasonably practicable, the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss and shall provide Tenant with reasonable advance written notice of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebysuch entry (except in emergency situations). 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 which Landlord may deem reasonably proper to open the Tenant's doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord by any of said means in the manner hereinbefore described an emergency or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by Landlord except, subject to the Premisesprovisions of Sections 21.1 and 23, to the extent of Landlord's negligence or willful misconduct, in which case Landlord's liability (if any) shall be limited to the extent such damages or losses are not covered by insurance carried by Tenant or required to be carried by Tenant hereunder.

Appears in 1 contract

Samples: Letter Agreement (Platinum Software Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable written notice to Tenant of at least twenty-four (24) hours (except in the case of an emergency), which notice may be provided pursuant to e-mail, to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; 's systems and equipment. Such entry rights are subject to Tenant's right to escort Landlord or Landlord's representatives through the Premises, provided that Tenant's failure to have an agent of Tenant present at the time of Landlord's entry shall not prevent or otherwise delay Landlord's entry. Notwithstanding anything to the contrary contained in this Article 27, Landlord agrees may enter the Premises at any time to use commercially reasonable efforts (A) perform services required of Landlord, including janitorial service; (B) take possession due to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes, and . 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 (Palisade Bio, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment; provided, however, Tenant may elect to have a representative accompany Landlord during any such entry; provided that further, however, Landlord agrees shall not be required to use commercially reasonable efforts to schedule delay any such work outside entry due to the unavailability of Building Hoursa Tenant representative. Notwithstanding anything to the contrary contained in this Article 27, or Landlord may enter the Premises at any time to (vA) perform regularly scheduled services required of Landlord, including janitorial service; (B) take possession due to exercise, in compliance with the terms any breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (w) taking possession of the Premises due to any breach of this Lease, (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such 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. Except as otherwise set forth in Section 3.2, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. *** Confidential portions of this document have been redacted and filed separately with the Commission.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon 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) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, mortgagees or, during the last twenty-four (24) months year of the Lease Term Term, to prospective tenants, or any Option Term where Tenant has not previously exercised an available extension option), purchasers, to current or prospective mortgagees, or ground or underlying lessorslessors or insurers; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights ’s systems and obligations of Landlord under this Leaseequipment. Subject Notwithstanding anything to the foregoingcontrary contained in this Article 26, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any Event of Default by Tenant 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, Rent and may take such reasonable steps as required to accomplish the stated purposes. Except to the extent caused by Landlord’s gross negligence or willful misconduct, and Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by TenantTenant in writing. 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. In connection with Landlord’s entry into the Premises pursuant to the terms of this Article 26, Landlord shall use commercially reasonable efforts to minimize any material and adverse interference with Tenant’s business at the Premises.

Appears in 1 contract

Samples: Office Lease (Forrester Research, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at 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 that herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Except with respect to clause (B), above, Landlord agrees to shall use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance minimize interference with the terms conduct of this Lease, rights and obligations of Landlord under this LeaseTenant's business in connection with such entries into the Premises. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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. 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 (Evofem Biosciences, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable prior notice to the Tenant (except in the case of an emergency), to enter the Premises to to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, mortgagees or ground or underlying lessors, or, during the last twenty-four fifteen (2415) months of the Lease Term (as the same may be extended pursuant to Section 2.2 or any Option Term where Tenant has not previously exercised an available extension optionshortened with respect to certain portions of the Premises pursuant to Sections 2.4 and/or 2.5 of this Lease), purchasers, mortgagees, or ground or underlying lessorsto tenants; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) perform services or other obligations required of Landlord under this Lease which are other than regularly scheduled services and/or maintenance obligations. Notwithstanding anything to exercisethe contrary contained in this Article 27, in compliance with Landlord may enter the terms of this Lease, rights and Premises at any time to (A) perform regularly scheduled services and/or maintenance obligations required of Landlord under this Lease; and (B) perform, in accordance with the provisions of Article 26 of this Lease, any covenants of Tenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any Any such entries shall be without the abatement of Rent, may except as otherwise expressly provided in Section 19.7.2 of this Lease, 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. Subject to the provisions of Section 19.7.2 of this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, or 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 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] 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 PremisesPremises so long as Landlord repairs any damage caused thereby. Any entry into the Premises by Landlord in the manner hereinbefore herein before 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 may, after reasonable prior notice to and consultation with Landlord, 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 only enter such Secured Areas upon two (2) business days' notice to Tenant which notice shall specify the date and time of such entry by Landlord (and Tenant shall have the right to escort Landlord); provided, however, that Landlord may enter the Secured Areas without notice to Tenant and without escort in the event of an emergency, in which case Landlord shall provide Tenant with notice of such entry promptly thereafter.

Appears in 1 contract

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during normal Project hours with respect to items (i) and (ii) below) and upon reasonable at least one (1) business day’s prior written notice to Tenant (except in the case of an emergency), ) to enter the Premises to to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsPremises, or for structural alterations, repairs or improvements to the Base Building; provided that Landlord agrees , to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms extent contemplated by the TCCs of this Lease, rights and obligations of Landlord under this Lease. Subject Notwithstanding anything to the foregoingcontrary 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 (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 may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (1) emergencies, (2) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (3) 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. Except with respect to item (B) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises, and Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Article 27 with Tenant (except if not reasonably practicable in emergencies) so that Tenant, at Tenant’s option, may provide an employee or a representative of Tenant to accompany Landlord. Except as otherwise set forth in Sections 3.3 and 19.6 of this Lease, and subject to Landlord’s indemnification of Tenant under Article 10 above, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas (including the Secured Areas, as defined hereinbelow) designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding any provision to the contrary set forth in this Article 27, Tenant may designate, by delivering at least two (2) business days’ prior-written, reasonably-detailed notice thereof to Landlord, certain reasonable areas of the Premises as “Secured Areas” should Tenant reasonably 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 without an employee or a representative of Tenant to accompany Landlord, except in the event of an emergency or with Tenant’s prior written consent, or if an employee or representative of Tenant is not made available on a commercially reasonable basis. Landlord shall only maintain or repair such Secured Areas upon at least two (2) business days’ prior written notice to Tenant (except in the case of an emergency) and to the extent: (a) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (b) as required by Applicable Law; or (c) 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. Notwithstanding anything in this Article 27 to the contrary, any entry by Landlord under this Article 27 that causes all or a portion of the Premises to be un-tenantable and unusable by Tenant, shall be subject to the “Abatement Event” provisions of Section 3.3 above.

Appears in 1 contract

Samples: Genesis Campus Point (Heron Therapeutics, Inc. /De/)

ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Landlord’s Agents to enter into and upon the right Premises at all reasonable ----------------- times, and upon reasonable notice to Tenant following at least forty-eight (48) hours’ prior notice, which may be telephonic, (except in the case of an emergencyemergency or scheduled services, for which no notice shall be required), and subject to enter Tenant’s reasonable security arrangements, for the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show purpose of inspecting the same or showing the Premises to prospective tenants (but only purchasers, lenders or, during the last twenty-four two hundred seventy (24270) months days of the Lease Term Term, tenants or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or improve, maintain and repair the Premises or the Building if necessary to comply with current building codes as required or other applicable lawspermitted by Landlord under the terms hereof, or for structural alterationsany other business purpose, repairs or improvements without any rebate of Rent and without any liability to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, Premises thereby occasioned (except for actual damages resulting from the sole active gross negligence or willful misconduct of Landlord); and any other loss occasioned therebyTenant shall permit Landlord to post notices of non-responsibility and ordinary “for sale” or “for lease” signs. For each of the above purposes, Landlord No such entry 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 construed 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. 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. Except in emergency situations, as determined by Landlord, Landlord shall exercise reasonable efforts to perform any portion entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Workday, Inc.)

ENTRY BY LANDLORD. (a) Landlord reserves reserves, and shall at all times have, the right at all reasonable ----------------- times, and upon reasonable advance verbal notice to Tenant (except which notice shall not be required in the case event of an emergency), in which case, Landlord shall use its good faith efforts to give Tenant notice of its entry as soon as is reasonably possible, which may, if circumstances reasonably require, be after Landlord’s entry) at reasonable times to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show to supply janitorial service and any other service to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, mortgagees or tenants (but provided that Landlord shall only have the right to enter the Premises to so submit them to prospective tenants during the last twenty-four nine (249) months prior to the then applicable expiration of the Lease Term or any Option Term where Tenant has not previously exercised an available extension optionterm), purchasers, mortgagees, or ground or underlying lessors; (iii) to post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises, any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and any portion of the Building if necessary to comply with current building codes as permitted or other applicable lawsprovided hereunder, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries all without the abatement of Rent; and may erect scaffolding and other necessary temporary structures in or through the Premises where reasonably required by the character of the work to be performed. In performing any work in the Premises, may take Landlord shall use its good faith efforts to minimize any disruption of Tenant’s business or interference with Tenant’s beneficial use and enjoyment of the Premises by performing any extraordinarily noisy or disruptive work after Business Hours or on weekends to the extent such reasonable steps procedures would be generally followed by managers of other first-class office buildings in the San Francisco financial district (except to the extent an emergency and/or applicable laws require otherwise, as required to accomplish the stated purposes, and reasonably determined by Landlord). Tenant hereby waives any claims for damages or and all Claims for any injuries injury or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby such entry. For each of the above foregoing purposes, Landlord shall at all times have and retain a key and/or other access device with which to unlock all of the doors in in, on and about the Premises, Premises (excluding Tenant's ’s vaults, safes and special security similar areas designated in writing by Tenant in advance and approved by Tenant. In an emergency, Landlord); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisesthereof.

Appears in 1 contract

Samples: Lease Agreement (JMP Group Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable notice to Tenant (except in the case of an emergency), Emergency) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the 8377633.2 (8383465.1) -00- Xxxxxxx Xxxxx Xxxx I Limited Partnership [Britannia Point Eden] [Pulse Biosciences, Inc.] Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; 's systems and equipment as provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with under the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes, and 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 emergencyEmergency, 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 use commercially reasonable efforts to minimize any interference with Tenant's use of or access to the Premises in connection with any such entry, and shall comply with Tenant's reasonable security measures, including that Tenant may require that Landlord be accompanied by an employee of Tenant during any such entry into the Premises by Landlord (except in the event of an emergency in which case no escort shall be required); provided, however, that in no event shall the unavailability of such escort at the time that Landlord is permitted to enter the Premises delay Landlord's entry into the Premises as permitted hereunder. Landlord shall hold confidential any information regarding Tenant’s business that it may learn as a result of such entry. 

Appears in 1 contract

Samples: Pulse Biosciences, Inc.

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable at least twenty-four (24) hours prior notice (which may be given verbally) to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; (C) show the lobby of the Premises to any of Landlord’s invitees or prospective tenants; and obligations (D) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, and 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 hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment ’s use of the Premises, Premises and any other loss occasioned therebyshall be performed after normal business hours if reasonably practical. For each of the above purposesWith respect to items (y) and (z) above, Landlord shall at all times have a key use commercially reasonable efforts to not materially interfere with which to unlock all the doors in Tenant’s use of, or access to, 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. 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.

Appears in 1 contract

Samples: Lease (Ligand Pharmaceuticals Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four six (246) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, and 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 hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment ’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, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. 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 (Volcano Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable not less than one (1) day’s prior notice to Tenant which may be given by telephone or electronic mail (except in the case of an emergency), emergency or with respect to regularly scheduled services) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided ’s systems and equipment. Landlord shall comply with reasonable and nondiscriminatory requirements of Tenant during any such entry into the Premises intended in good faith to protect Tenant’s work, business activities and proprietary information. Provided that Landlord agrees to use employs commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) so comply and to exercise, in compliance minimize interference with the terms conduct -42- 176640186.8 373606-000050 of this Lease, rights and obligations of Landlord under this Lease. Subject to Tenant’s business in connection with entries into the foregoingPremises, Landlord may make any such entries without the abatement of Rent, may creating a default by Landlord and shall take such reasonable steps as required to accomplish the stated purposes, and 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 reasonable 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 or use of 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 axxxx 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. Landlord further reserves the right to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, attached, on each applicable floor of the Premises for the future installation of additional shaft walls and risers for the tenants or occupants of floors beneath the applicable floor of the Premises. Upon the giving of such notice, the designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be treated as Common Areas. Tenant shall not make any Alterations in the Future Shaft Areas and shall remove any of Tenant’s property from the same upon reasonable prior notice from Landlord.

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable at least twenty-four (24) hours prior written notice to Tenant (or oral notice to Tenant's office manager), except in the case of an emergency)Emergency in which case no prior notice shall be required, to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective Mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) perform Landlord's Repair Obligations or Modifications. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time without notice to (A) perform standard services required of Landlord, including janitorial service; (B) take possession due to an Event of Default by Tenant in the manner provided herein; and (C) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this LeaseSection 26.1, rights and obligations above, perform any covenants of Landlord under this LeaseTenant which Xxxxxx fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required may be necessary to accomplish the stated purposes; provided, however, except for Emergencies, any such entry shall be performed in an expeditious manner so as not to unreasonably interfere with Xxxxxx's use of the Premises. Landlord use commercially reasonable efforts to schedule entries into the Premises under this Article 27 with Tenant (except entries under items (A) and (B), above) so that Tenant, at Tenant's option, may provide a representative to accompany Landlord. Xxxxxxxx agrees to take no photographs of any active work areas in the Premises without Xxxxxx’s prior consent and agrees that any information obtained by any entry into the Premises by Landlord or its employees, agents or contractors shall be kept strictly confidential. Even in an Emergency situation, Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant’s business operations. Except as otherwise provided in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises; provided, however, that Landlord shall, subject to Section 10.1 of this Lease and to the extent that such damage is not covered by insurance required to be carried by Tenant under this Lease or caused by any governmental agencies, repair any damage to the Premises caused by any such emergency entry into the Premises by Landlord. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate certain areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an Emergency or in connection with alterations to the premises of another tenant of the Building subject to Landlord’s compliance with the terms of this Article 27. Landlord shall not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (ii) as required by Applicable Laws, 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.

Appears in 1 contract

Samples: Office Lease (Reddit, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject make reasonably necessary alterations, additions, improvements or repairs to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for Buildings (including structural alterations, repairs or improvements to the Buildings or the Base Building). 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; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by Applicable Laws, 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 whenever 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. 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. 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. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas Secured 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 (Box Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; provided that Landlord agrees (B) take possession due to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance with the terms breach of this Lease, rights Lease in the manner provided herein; and obligations (C) perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; 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. Except as otherwise set forth in Section 6.4, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the ‘‘Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency), ) to enter the Premises and Tenant's Common Areas to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four fifteen (2415) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)with respect to each Phase of the Premises, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises Premises, Tenant's Common Areas or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided that 's systems and equipment. Landlord agrees to shall use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance minimize interference with the terms operation of Tenant's business at the Premises during any entry by Landlord unto the Premises and Tenant's Common Areas. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises and Tenant's Common Areas at (A) any reasonable time to reasonably perform services required of Landlord, including janitorial service; (B) any time to take possession due to any breach of this Lease, rights Lease in the manner provided herein; and obligations (C) any reasonable time to perform any covenants of Landlord under this LeaseTenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes, and 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 PremisesPremises and any doors or gates providing access to or from Tenant's Common Areas, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant"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 PremisesPremises and Tenant's Common Areas. 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 PremisesPremises or Tenant's Common Areas, or an actual or constructive eviction of Tenant from any portion of the Premises or Tenant's Common Areas. 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, 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 (Salesforce Com Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable not less than one (1) day’s prior notice to Tenant (except in the case of an emergency), ) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where and accompanied by a representative of Tenant has not previously exercised an (provided that Tenant makes a representative available extension optionfor the same), purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility (to the extent applicable pursuant to then Applicable Law); or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided ’s systems and equipment. Provided that Landlord agrees to use employs commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance minimize interference with the terms conduct of this Lease, rights and obligations of Landlord under this Lease. Subject to Tenant’s business in connection with entries into the foregoingPremises, Landlord may make any such entries without the abatement of Rent, may except as otherwise expressly provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes, and 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. 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 otherwise materially interfere with Tenant’s use and enjoyment of the Premises, or (B) reduce the usable area 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. Tenant shall, at all time during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or other means necessary to access the Premises. Landlord further reserves the right to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, attached, on each applicable floor of the Premises for the future installation of additional shaft walls and risers for the tenants or occupants of floors beneath the applicable floor of the Premises. Upon the giving of such notice, the designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be treated as Common Areas. Tenant shall not make any Alterations in the Future Shaft Areas and shall remove any of Tenant’s property from the same upon reasonable prior notice from Landlord. Furthermore, Tenant shall provide Landlord reasonable access to the Premises outside of Business Hours and shall allow Landlord, as a reserved right, to use the removable windows in the Premises for the purpose of moving large items into the Building (including but not limited to large equipment, furniture and construction items) from time to time upon at least three (3) business days’ notice to Tenant (provided, however, that Landlord (a) shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of the Premises in the exercise of Landlord’s rights under this paragraph, and (b) subject to the provisions Section 10.5 above, shall be fully liable for any damage done to the Premises and/or Tenant’s property located in the Premises in connection with such use of the Premises, and shall indemnify and hold Tenant harmless from and against any claims for personal injury or property damage that result from Landlord’s use of the Premises as set forth in this paragraph).

Appears in 1 contract

Samples: Massachusetts Avenue (Werewolf Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable prior notice to Tenant (but no less than one (1) business day, except in the case of an emergency), emergencies or to perform regularly scheduled services) to the Tenant to enter the Premises to to: (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, mortgagees or ground or underlying lessors, or, during the last twenty-four twelve (2412) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) perform services or other obligations required of Landlord under this Lease which are other than regularly scheduled services and/or maintenance obligations. The parties further agree that neither Landlord nor any of Landlord’s employees, invitees, licensees, tenants, third parties or assigns, shall be permitted any access to exercisethe Premises unless reasonably coordinated with Tenant upon not less than one (1) business day prior written notice, except in the event of an emergency, in compliance which case no prior notice is required, but shall be given as soon as reasonably practicable accompanied with a reasonable written explanation of the terms of reason for access. Notwithstanding anything to the contrary contained in this LeaseArticle 25, rights and Landlord may enter the Premises at any time to (A) perform regularly scheduled services and/or maintenance obligations required of Landlord under this Lease; and (B) perform, in accordance with the provisions of this Lease, any covenants of Tenant which Tenant fails to perform. Subject to the foregoing, Landlord may make any Any such entries shall be without the abatement of Rent, may except as otherwise expressly provided in Section 19.8.2 of this Lease, 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. Subject to the provisions of Section 19.8.2 of this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, or any loss of occupancy or quiet enjoyment of the Premises, and Premises in connection with any other loss occasioned therebyentry by Landlord in accordance with the terms of this Article 25. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the PremisesPremises so long as Landlord repairs any damage caused thereby and notice is given as soon as reasonably practicable accompanied with a reasonable written explanation of the reason for access. Any entry into the Premises by Landlord in the manner mariner 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 may, after reasonable prior notice to and consultation with Landlord, 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. Without limiting the foregoing, all rooms containing Tenant’s intermediate distribution frame (IDF) and main distribution frame (MDF), all other IT rooms shall be deemed Secured Areas. Landlord may only enter such Secured Areas upon three (3) business days’ notice to Tenant which notice shall specify the date and time of such entry by Landlord (and Tenant shall have the right to escort Landlord); provided, however, that Landlord may enter the Secured Areas without notice to Tenant and without escort in the event of an emergency, in which case Landlord shall provide Tenant with notice of such entry promptly thereafter. The parties agree that Tenant shall have exclusive control of the existing (and any new) phone/data/server room(s) in the Premises and shall have the right to install its own access control/card reader on the server room doors within the Premises that serves only the Premises. Additionally, Tenant phone/data/server room(s) located in the Premises may be keyed by Tenant separate from all other doors in the Building. No equipment of others shall be installed in the existing (or any new) phone/data/server room(s) located in the Premises and such phone room may only be used as a pass-through for other tenants in the Building. All maintenance, regulatory testing, or any other planned activity that has reasonable potential to impact the infrastructure supporting Tenants’ phone/data/server room shall be communicated to and coordinated with Tenant in advance.

Appears in 1 contract

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times and upon reasonable not less than three (3) days’ prior notice to Tenant (except in the case of an emergency), emergency or with respect to regularly scheduled services) to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility (to the extent applicable pursuant to then Applicable Law); or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building; provided ’s systems and equipment. Notwithstanding the foregoing, if Landlord desires to enter the Premises upon less than three (3) days’ notice, Tenant shall use good faith, diligent efforts to accommodate Landlord’s entry upon such shorter notice. Tenant shall additionally have the right to require that Landlord agrees be accompanied by a representative of Tenant during any such entry as an escort for Landlord’s personnel so long as Tenant makes a representative available at commercially reasonable times; provided, however, any entry into the BSL 3 laboratory area shall be restricted to use persons (i) with proper training as to Tenant’s applicable safety and security protocols, (ii) appropriate personal protective equipment as reasonably required by Tenant, and (iii) accompanied by a representative of Tenant as an escort for such persons (which representative Tenant shall make available at all commercially reasonable times). Provided that Landlord employs commercially reasonable efforts to schedule any such work outside of Building Hours, or (v) to exercise, in compliance minimize interference with the terms conduct of this Lease, rights and obligations of Landlord under this Lease. Subject to Xxxxxx’s business in connection with entries into the foregoingPremises, Landlord may make any such entries without the abatement of Rent, may creating a default by Landlord and shall take such reasonable steps as required to accomplish the stated purposes, and Tenant hereby waives . In making 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 purposessuch entry, Landlord shall use commercially reasonable efforts to follow, and cause third parties making entry at all times have a key with the request of Landlord to follow, Xxxxxx’s safety and security protocols of which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by TenantLandlord has prior notice. 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 nor compromise the safety and security protocols applicable to the laboratory areas within 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 1 contract

Samples: Lease (Vir Biotechnology, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- timesLandlord, and its duly authorized representatives, shall, upon reasonable prior notice to Tenant (except in the case of an emergency), have the right to enter the Premises at all reasonable times (except at any time in the case of emergency) for the purposes of inspecting the condition of same and, subject to Section 16.17 hereof, making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (i) -60- XXXXXXX XXXXXX CENTER VENTUREbut the Landlord shall have no duty whatsoever to make any such inspections, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) repairs, alterations, additions or improvements except as otherwise provided in Sections 4.1, 7.1 and 7.2 and Exhibit B). and to show the Premises to prospective tenants (but only during the last fifteen (15) months preceding expiration of the Term of this Lease as it may have been extended (or during the final twenty-four (24) months of the Term if Tenant has no further extension options) and at any reasonable time during the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees, or ground or underlying lessors; (iii) post notices of nonresponsibility; (iv) subject upon reasonable prior notice to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair show the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that prospective purchasers and mortgagees. Landlord agrees to use commercially reasonable efforts to schedule not unreasonably interfere with Tenant’s use of the Premises during any such work outside of Building Hours, or (v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, may take such reasonable steps as required to accomplish the stated purposes, and 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 and to schedule any such access hereunder during Tenant’s normal business hours and in the manner hereinbefore described shall not be deemed to be presence of a forcible or unlawful entry intoTenant representative when feasible, or a detainer ofexcept in the event of an emergency, the Premises, or an actual or constructive eviction of Tenant from and any work in any portion of the PremisesPremises then occupied by Tenant that would interfere with the operation of a first-class business office (whether due to noise, the creation of dirt or debris, or otherwise) will be performed after the Building’s normal business hours.

Appears in 1 contract

Samples: Lease (Markforged Holding Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable ----------------- times, times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency)) and at all times (except in the case of an emergency) accompanied by an authorized representative of Tenant and subject to Tenant’s reasonable rules and regulations, to enter the Premises to (i) -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] inspect them; (ii) show the Premises to prospective tenants (but only purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twenty-four nine (249) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option)Term, purchasers, mortgagees, or ground or underlying lessorsto prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 and 10.3.2, to alter, improve -------------- ------ or repair the Premises or the Building if necessary to comply with current building codes as permitted or other applicable lawsrequired by the terms of this Lease, or for structural alterations, repairs or improvements to the Building; provided that Building Structure. Notwithstanding anything to the contrary contained in this Article 27, Landlord agrees may enter the Premises at any time to use commercially reasonable efforts to schedule any such work outside of Building Hours, or (vA) to exercise, in compliance with the terms of this Lease, rights and obligations perform services required of Landlord under this LeaseLease after reasonable notice to Tenant; (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 (after any applicable notice and cure periods). Subject to the foregoing, Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Except as otherwise set forth in Section 6.4, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Favrille Inc)

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