Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. Landlord may enter the Premises to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 2 contracts

Samples: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

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ENTRY BY LANDLORD. Landlord may 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 inspect(i) inspect them; (ii) show the Premises to prospective purchasers, show or clean to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or to perform the Building, or facilitate the performance of repairsfor structural alterations, alterations repairs or additions improvements to the Building or the Building's systems and equipment. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In 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 BuildingsPremises. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use commercially reasonable efforts to minimize any interference with Tenant’s 's use of or access to the Premises in connection with any such entry 28. TENANT PARKING Tenant shall have the right to use, at no additional cost or charge to Tenant during the initial Lease Term (and after the initial Lease term Landlord shall only charge for parking to the extent consistent with the practices of landlords of Comparable Buildings) , the amount of parking set forth in Section 9 of the Summary, in the on-site and/or off-site, as the case may be, parking facility (or facilities) which serve the Project. Tenant shall abide by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the Premises. Notwithstanding parking facility where the foregoing, except in emergencies parking passes are located (including any sticker or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon identification system established by Landlord and Tenant, then (i) if the entry is for prohibition of vehicle repair and maintenance activities in the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agreesparking facilities), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premisesand shall reasonably cooperate in seeing that Tenant's employees and visitors also comply with such rules and regulations. If reasonably necessary, Landlord may temporarily close all or a portion Tenant's use of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, Project parking facility shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. at Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord 's sole risk and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion acknowledges and agrees that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlordwhatsoever, and Tenant shall pay all reasonable expenses incurred by Landlord except in repairing or reconstructing any entrance, corridor, door or other portions the event of the Premises damaged as a result gross negligence or willful misconduct of a forcible entry by Landlord. Landlord shall have no obligation or any Landlord Parties, for damage to provide either janitorial service the vehicles of Tenant, its employees and/or visitors, or cleaning in for other personal injury or property damage or theft relating to or connected with the Secured Areaparking rights granted herein or any of Tenant's, its employees' and/or visitors' use of the parking facilities.

Appears in 2 contracts

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

ENTRY BY LANDLORD. 9.01 Landlord may enter the Premises at reasonable hours to inspect(a) inspect the same; (b) exhibit the same to prospective purchasers, show lenders or clean tenants, provided, however, that Landlord shall only exhibit the Premises to prospective tenants during the final twelve (12) months of Tenant’s occupancy of the Premises; (c) determine whether Tenant is complying with all its obligations hereunder; (d) supply janitor service and any other service to be provided by Landlord to Tenant hereunder; (e) make repairs required of Landlord under the terms hereof or repairs to perform any adjoining space or facilitate the performance of utility services or make repairs, alterations or additions improvements to any other portion of the Building; provided that no entry by Landlord shall unreasonably interfere with Tenant’s use or occupancy of the Premises. Tenant hereby waives any claim for damages for any inconvenience to or interference with Tenant’s business or any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry, except to the extent that such damages result from Landlord’s unreasonable interference with Tenant’s use or occupancy of the Premises or Landlord’s gross negligence or willful misconduct Landlord shall at all time have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant’s vaults, safes and similar areas designated in writing by Tenant in advance); and Landlord shall have the right to use any and all means which Landlord may deem proper to open Tenant’s doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord in an emergency shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or contructive, of Tenant from the Premises or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areathereof.

Appears in 2 contracts

Samples: Lease Agreement (Limoneira CO), Lease Agreement (Calavo Growers Inc)

ENTRY BY LANDLORD. Landlord may reserves the right at all reasonable times and upon not less than one (1) day’s prior notice to Tenant (except in the case of an emergency) to enter the Premises to inspect(i) inspect them; (ii) show the Premises to prospective purchasers, show or clean to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or to perform the Building, or facilitate the performance of repairsfor structural alterations, alterations repairs or additions improvements to the Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Landlord may make any such entries without the abatement of Rent, except as otherwise expressly provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the BuildingsPremises. Except in emergencies 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 to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice occupants of entry and shall use reasonable efforts to minimize any interference with Tenant’s use floors beneath the applicable floor of the Premises. Notwithstanding Upon the foregoinggiving of such notice, except the designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be treated as Common Areas. Tenant shall not make any Alterations in emergencies or to provide Building services, Landlord the Future Shaft Areas and shall provide Tenant with at least 24 hours’ remove any of Tenant’s property from the same upon reasonable prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by from Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord (or Landlord’s property manager) reserves the right at all commercially reasonable times and upon providing one (1) business days’ advance notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord (or Landlord’s property manager) may enter the Premises at any time to inspect(A) perform services required of Landlord, show or clean including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord shall at all times when entering the Premises comply with Tenant’s reasonable safety rules and regulations and laboratory protocols of which Landlord has knowledge of, and, at Tenant’s option, shall be accompanied or escorted by Tenant’s representative at all times when entering the Premises, so long as such representative is made available when Landlord or its agents need to enter the Premises. Subject to the provisions of this Section, Landlord (or Landlord’s property manager) may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s laboratories, 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 or facilitate the performance of any repairs, alterations or additions to the Premises or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, decorations except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually otherwise expressly agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaherein.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to inspect(A) perform services required of Landlord, show or clean including janitorial service; (B) take possession due to any breach of this Lease in the Premises or to manner provided herein; and (C) perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee covenants of Tenant accompany the person(s) entering the Premises. If, however, which Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises fails to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Leaseperform. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises). Tenant need not furnish Landlord with a key, but upon the Termination Lease Expiration Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area. 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. Except as expressly provided in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key (or other comparable means) with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 2 contracts

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

ENTRY BY LANDLORD. Upon not less than one (1) business day’s prior notice to Tenant (except in case of emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord may and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to inspect, show Tenant for any loss of occupation or clean quiet enjoyment of the Premises or to perform or facilitate thereby occasioned, for the performance of following purposes: (i) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any portion obligations of Landlord under the BuildingsLease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or repair thereof, as required or permitted by any law, and (vi) placing “For Sale” signs, and showing the Premises to Landlord’s existing or potential successors, purchasers and lenders. Except in emergencies or to provide Building servicesTenant shall permit Landlord and Landlord’s agents, Landlord shall provide Tenant with reasonable at any time within twelve (12) months prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying Expiration Date (or at any time during the PremisesLease Term that Tenant is in default hereunder beyond applicable notice and cure periods), to place upon the Premises “For Lease” signs, and Tenant shall be entitled exhibit the Premises to have an employee of Tenant accompany the person(s) entering the Premisesreal estate brokers and prospective tenants at reasonable hours. If, however, At any time when Tenant does not make an employee available rent all rentable space in the Premises Project, and at any time within twelve (12) months prior to the time indicated in such notice Expiration Date (or at such other any time as may be mutually agreed upon by Landlord and Tenant, then (iduring the Lease Term that Tenant is in default hereunder) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close does rent all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area rentable space in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such eventProject, Landlord shall have no liability whatsoever the right to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of place “For Lease” signs within the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaexterior Common Areas.

Appears in 2 contracts

Samples: Lease, (Palo Alto Networks Inc), Lease, (Palo Alto Networks Inc)

ENTRY BY LANDLORD. Tenant agrees to permit Landlord may to enter the Premises accompanied by Tenant and subject to inspectTenant’s reasonable security requirements, show or clean at reasonable times, with reasonable advance notice to Tenant of not less than one (1) business day, for the purpose of inspecting the same, showing the Premises to prospective purchasers, mortgagees, or tenants (during the last one hundred eighty (180) days of the Term only, unless Tenant does not exercise the Option to perform or facilitate Extend provided in Paragraph 42 hereof, in which case Landlord will have access for such purposes beginning on the performance of repairslatest date that Tenant could exercise the Option to Extend, alterations subject to the terms and provisions hereof), making any necessary repairs or additions to the Premises or the Premises of another tenant or to the Buildings and performing any portion work therein that may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority or of the Buildings. Except Board of Fire Underwriters or any similar body, or that Landlord may reasonably deem necessary to prevent waste or deterioration in emergencies or to provide Building services, Landlord shall provide Tenant connection with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, including without limitation any repairs or other work which Tenant is obligated to make or perform under the terms of this Lease and which Tenant has failed or neglected to make or perform after receipt of written demand by Landlord (and the expiration of any applicable cure periods for default hereunder) that the same be made or performed. In the event Landlord performs any work which Tenant is obligated to perform under the terms of this Lease, Tenant shall pay to Landlord, within thirty (30) days from the date of receipt by Tenant of a statement therefore, the cost incurred by Landlord in performing the same. Nothing herein shall imply any duty on the part of Landlord to do any such work which, under any provision of this Lease, Tenant may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises required to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry performance thereof by Landlord shall not constitute a constructive eviction or entitle waiver of any default by Tenant in failing to an abatement or reduction perform the same. Landlord may, during the progress of Rent. If Landlord temporarily closes any work in the Premises, keep and store upon the Premises as provided above for a period in excess of 3 consecutive Business Daysall necessary materials, Tenanttools, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable conditionequipment. Tenant, however, Landlord shall not be entitled liable for inconvenience, annoyance, disturbance, loss of business or other damage to an abatement if Tenant by reason of making repairs or the repairs, alterations and/or additions to be performed are required as a result performance of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area any work in the Premises. , or on account of bringing materials, supplies and equipment to or through the Premises during the course thereof, and the obligations of Tenant need under this Lease shall not furnish thereby be affected in any manner whatsoever, provided that that Landlord employs commercially reasonable efforts to minimize interference with a key, but upon the Termination Date or earlier expiration or termination conduct of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area business in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply connection with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or entries into and/or work within the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 2 contracts

Samples: Office Lease (Marrone Bio Innovations Inc), Office Lease (Marrone Bio Innovations Inc)

ENTRY BY LANDLORD. Tenant shell permit Landlord may and Landlord’s agents to enter the Premises at all reasonable times upon at least 24 hours’ prior written notice and subject to inspectTenant’s reasonable safety and security procedures for any of the following purposes: (a) to inspect the Premises, show or clean the Premises (b) to supply any services or to perform or facilitate any maintenance obligations of Landlord, including the performance erection and maintenance of repairssuch scaffolding, alterations canopies, fences, and props as may be required, (c) to make such improvements, replacements or additions to the Premises or the Center as Landlord deems necessary or as required by Lease, (d) to post notices of nonresponsibility, (e) to place any portion usual or ordinary “for sale” signs, or (f) within six (6) months prior to the expiration of this Lease, to place any usual or ordinary “for lease” signs. No such entry shall result in any rebate of rent or any liability to Tenant for any loss of occupation or quiet enjoyment of the BuildingsPremises. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall will use reasonable efforts to minimize any interference with Tenant’s use Tenants business operations and shall endeavor to enter only at times scheduled with Tenant and if Tenant so requires, Tenant may have a representative of Tenant escort any persons entering the Premises. Notwithstanding the foregoing, Landlord shall give reasonable notice to Tenant prior to any entry except in emergencies an emergency (e.g., threat of injury to person or property) or unless Tenant consents at the time of entry. If Tenant is not personally present to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of open and permit an entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant at any time when for any reason an entry therein shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice necessary or at such other time permissible as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordherein, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord or Landlord’s agents may enter the Premisessame by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. TenantNothing herein contained, however, shall not be entitled deemed or construed to an abatement if the repairsimpose upon Landlord any obligation, alterations and/or additions to be performed are required as a result of the acts responsibility or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlordfor the care, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing maintenance or reconstructing any entrance, corridor, door or other portions repair of the Premises damaged or any part thereof, except as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaotherwise specifically provided herein.

Appears in 2 contracts

Samples: Mabvax Therapeutics Holdings, Inc., Mabvax Therapeutics Holdings, Inc.

ENTRY BY LANDLORD. Landlord may reserves the right and Tenant will permit Landlord and its authorized representatives to enter the Premises at all reasonable times upon not more than 24 hours notice as may be required by Tenant if such entry interrupts Tenant’s scheduled business activity. Up to inspect24 hours notice is not required in the case of inspections, show emergencies, required or clean the Premises routine maintenance. Up to 24 hours notice is required at all reasonable times for purposes of (i) performing scheduled maintenance, repairs or to perform or facilitate the performance of repairs, making alterations or additions to the Premises or any other portion of the BuildingsBuilding serviced in or about the Premises, including the erection and maintenance of such scaffolding, canopies, fences, and props as Landlord may reasonably require; (ii) posting notices to the interior of the Premises beyond the elevator lobby, such as notices of nonresponsibility or nonliability for alterations or repairs; or (iii) showing or submitting the Premises to prospective purchasers or tenants, all of which actions Landlord may take without any abatement of Rent. Except in emergencies Tenant agrees to cooperate with the showing of the Premises to prospective purchasers and tenants. Landlord agrees to limit leasing tours for the Premises except during the last six months of the Term. Prior to the sixth month before the end of the Term or to provide Building servicesupon Tenant’s notice of early termination, Landlord shall provide Tenant with reasonable prior verbal will use best efforts not to average more than one leasing tour per week. During the last six months before the end of the Term or upon Tenant’s notice of entry and shall use reasonable efforts early termination, Landlord has no restriction on the number of tours per week. If Tenant has notified Landlord that it is terminating the Lease as provided in Section 1.C, then Landlord’s right to minimize conduct leasing tours will commence immediately. Tenant hereby waives any interference claim for damages for any injury or inconvenience to or interferences with Tenant’s use business, any loss of the Premises. Notwithstanding the foregoing, except in emergencies occupancy or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice quiet enjoyment of entry into the Premises, which may be given orally to the entity occupying the Premises, and any other loss occasioned by such entry. Landlord will use reasonable efforts in order that the entrance to the Premises will not be blocked by the making of such alterations or the performing of such maintenance and that the business of Tenant shall will not thereby be interfered with unreasonably. For each of the aforesaid purposes, Landlord will at all times have and retain a key with which to unlock all of the doors in, upon, and about the Premises, excluding Tenant’s vaults, safes, file cabinets and desks, and Landlord may use any means which Landlord deems proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, will not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Landlord has the right to make alterations to or demolish the Building or erect other buildings on the real property adjacent thereto. Tenant will not in such event be entitled to have an employee of Tenant accompany the person(s) entering the Premises. Ifany direct or consequential damages for any damage or inconvenience occasioned thereby, however, Tenant does not make an employee available in the Premises at the time indicated but Landlord will use its best efforts to accomplish such work in such notice or at such other time a manner as may be mutually agreed upon by Landlord and Tenant, then (i) if to inconvenience Tenant as little as possible. In the entry event Tenant is for deprived of the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion use of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result reason of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% demolition of the Rentable Area in the Premises. Tenant need not furnish Landlord with a keyBuilding, but upon the Termination Date or earlier expiration or termination this Lease will terminate without any liability of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured AreaTenant.

Appears in 1 contract

Samples: Shell Building Office Lease (XOOM Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times, subject to Tenant's reasonable security requirements and upon reasonable notice to Tenant (except in the case of an emergency or regularly scheduled service) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time upon reasonable prior written notice to inspect, show or clean the Premises Tenant (except that no notice shall be required in an emergency or to perform regularly scheduled service, such as janitorial service) to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or facilitate unlawful entry into, or a detainer of, the performance 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 additions to the Premises or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, decorations except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually otherwise expressly agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaherein.

Appears in 1 contract

Samples: Office Lease (Amn Healthcare Services Inc)

ENTRY BY LANDLORD. Landlord Subject to the terms hereof, Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding or the Project, including other tenants' premises (if any), and, during the final 12 months of the Term (as the same may be extended), show the Premises to prospective tenants. Except in emergencies or to provide janitorial and other Building servicesservices after Normal Business Hours (to the extent that the same is or becomes a Landlord obligation under the terms of this Lease), Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least no less than 24 hours’ hours prior notice of entry into the Premises, which may be given orally to orally. If reasonably necessary for the entity occupying the Premises, protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordits employees, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes Notwithstanding the Premises as provided above for a period in excess of 3 consecutive Business Daysforegoing, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may designate all or a portion of the Premises as a "Secured Area" and provide its own locks to an such area within the Premises ("Secured Area”) containing no more than 5% of the Rentable Area in the Premises"). Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s 's right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situationsituation (i.e., to perform Landlord's maintenance and repair obligations within the Premises), Landlord shall contact TenantTenant in writing or orally, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access, no less than 24 hours thereafter. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease Agreement (Actel Corp)

ENTRY BY LANDLORD. Landlord may enter the Premises to inspect, show (but only during the last 12 months of the Term or anytime during an uncured Default by Tenant) or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the BuildingsBuilding. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally and by email (if Tenant’s email contact is provided to Landlord) to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes Rent provided that such entry is in accordance with the Premises as provided above for a period in excess provisions of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the this Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% 500 rentable square feet of the Rentable Area in the Premisesspace. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease Agreement (Rapid7 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 enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term if Tenant has not exercised its right to renew the initial Lease as provided herein, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) make repairs to the Premises (to the extent permitted pursuant to the terms of this Lease), or 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 inspect(A) perform services required of Landlord, show or clean including janitorial service; and (B) take possession due to any breach of this Lease in the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the Buildingsmanner provided herein and in compliance with applicable law. Except Any such entries shall be performed by Landlord as expeditiously as reasonably possible and in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts a manner so as to minimize any interference with the conduct of Tenant’s business. Landlord may make any such entries, and may take such reasonable steps as required to accomplish the stated purposes. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use of any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice No provision of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant this Lease shall be entitled construed as obligating Landlord to have an employee perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Tenant may designate certain areas of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in as “Secured Areas” should Tenant require such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is areas for the purpose of performing work securing certain valuable property or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordconfidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the Premises 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 (unless Tenant otherwise agrees), but i) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (ii) if the entry is for another purpose permitted as required by this SectionApplicable Law, Landlord may enter the Premises. If or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry designated by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys subject to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all ’s reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaapproval.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (THQ Inc)

ENTRY BY LANDLORD. Landlord and the authorized representatives of Landlord may enter the Premises at all reasonable times for the purpose of exhibiting the same to inspect, show prospective purchasers or clean lenders. During the final one hundred eighty (180) days of the term of this Lease (or at any time after vacation of the Premises by Tenant), Landlord may exhibit the Premises for lease and display thereon, in such manner as not to interfere unreasonably with Txxxxx’s business, the usual “For Lease” signs, and such signs shall remain unmolested upon the Premises. Tenant hereby grants to Landlord such licenses or to perform or facilitate the performance of repairs, alterations or additions to easements in and over the Premises or any portion thereof as shall be reasonably required for the installation or maintenance of mains, conduits, pipes or other facilities to serve the Buildings. Except in emergencies Shopping Center or to provide Building servicesany part thereof, including, but not limited to, the premises of any occupant; provided, however, that Landlord shall provide pay for any alteration required on the Premises as a result of any such exercise, occupancy under or enjoyment of any such license or easement. Landlord and its agents shall have free access to the Premises during all reasonable hours to inspect the Premises and to examine the same to ascertain if they are in good repair, and to make reasonable repairs which Landlord may elect to make hereunder. Tenant with reasonable prior verbal notice of entry further covenants and shall use reasonable efforts agrees that Landlord may go upon the Premises and make any necessary repairs to minimize the Premises and perform any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, work thereon (a) which may be given orally necessary to comply with any laws, ordinances, rules or regulations of any public authority or of the entity occupying Insurance Services Office or of any similar body, or (b) which Landlord may deem necessary to prevent waste or deterioration in connection with the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Premises if Tenant does not make an employee available in the Premises at the time indicated in or cause such notice repairs to be made or at performed or cause such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise to be performed or provided by promptly after receipt of written demand from Landlord, Landlord shall not enter the Premises or (unless Tenant otherwise agrees), but (iic) if the entry is for another purpose permitted by this Section, which Landlord may enter deem necessary to perform construction work incidental to any portion of the Shopping Center adjacent to, above, or below the Premises. If reasonably necessaryNothing herein contained shall imply any duty on the part of Landlord to do any such work which under any provision of this Lease Tenant may be required to do, Landlord may temporarily close all or nor shall it constitute a portion waiver of Tenant’s default in failing to do the Premises to perform repairs, alterations and additionssame. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry No exercise by Landlord of any rights herein reserved shall not constitute a constructive eviction or entitle Tenant to an abatement any damage for any injury or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled inconvenience occasioned thereby nor to receive a per diem any abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Arearent.

Appears in 1 contract

Samples: Center Triple Net Lease (Bank of Commerce Holdings)

ENTRY BY LANDLORD. Landlord may reserves, and shall at all reasonable ----------------- times after at least twenty four (24) hours notice (except in emergencies) have the right to enter the Premises to inspectinspect them; Initial: /s/ [ILLEGIBLE] ---------------- Multi Tenant/Complex Page 14 of 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPTI01-01 to perform any services to be provided by Landlord hereunder; to make repairs or provide any services to a contiguous tenant(s) (if any); to submit the Premises to prospective purchasers, show mortgagers or clean tenants; to post notices of non- responsibility; and to alter, improve or repair the Premises and any portion of the Complex, all without abatement of Rent, and may erect scaffolding and other necessary structures in or through the Premises where reasonably required by the character of the work to be performed; provided, however Landlord agrees to use its reasonable, good faith efforts such that any entry by Landlord and/or Landlord's agents, employees, contractors and invitees shall be performed in a manner that the business of Tenant shall be interfered with to the least extent that is reasonably practical. Landlord agrees to comply with any reasonable safety and/or security regulations imposed by Tenant with respect to such entry, and shall only enter the Premises when accompanied by Tenant or its agent (so long as Tenant makes itself reasonably available for this purpose). Landlord may install "for lease" signs related to the Premises only during the last 180 days of the Lease Term. Landlord shall also have the right at any time to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall be deemed an actual or constructive eviction of Tenant, or shall entitle Tenant to any reduction of Rent hereunder. Tenant agrees to cooperate with Landlord and Landlord's agents, employees and contractors so that the responsibilities of Landlord under the Lease can be fulfilled in a reasonable manner during normal business hours so that no extraordinary costs are incurred by Landlord. Any entry to the Premises by Landlord for the purposes provided for herein shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or to perform an eviction, actual or facilitate the performance constructive, of repairs, alterations or additions to Tenant from the Premises or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areathereof.

Appears in 1 contract

Samples: Lease Agreement (Opti Inc)

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding or the Project, including other tenants' premises. Except in emergencies or to provide Building servicesjanitorial service (if Landlord so elects in accordance with Article IX.A. above) and other regularly scheduled services after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to orally. In addition, except in the entity occupying event of an emergency, any such entry by Landlord or its agents, contractors and representatives shall comply with Tenant's reasonable security requirements such as being escorted by a Tenant representative, signing in and obtaining security badges. If reasonably necessary for the Premises, protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordits employees, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts to perform any entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant's business in the Premises. Notwithstanding the foregoing, if Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day Days of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease Agreement (Marketfirst Software Inc)

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding or the Project, including other tenants' premises. Notwithstanding the foregoing to the contrary, Landlord shall only be permitted to show the Premises to prospective tenants during the last 6 months of the Term. However, Landlord may show the Premises to prospective buyers, lenders and others at any time during the Term. Except in emergencies or to provide Building servicesjanitorial service (if Landlord so elects in accordance with Article IX.A. above) and other regularly scheduled services after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to orally. If reasonably necessary for the entity occupying the Premises, protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordits employees, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additionsadditions which Landlord is required to perform under the Lease. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10the event of emergencies, any entry by Landlord and Landlord's agents shall comply with Tenant's reasonable security measures. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord temporarily closes shall exercise reasonable efforts to perform any entry into the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled manner that is reasonably designed to an abatement if minimize interference with the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions operation of Tenant's business in the Premises. Notwithstanding the foregoing, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenantmay, at its own expense, may provide its own locks to an area within the Premises ("Secured Area”) containing no more than 5% of the Rentable Area in the Premises"). Tenant need not furnish Landlord with a key, key but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possessionDate, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, Tenant and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such accessdo so. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease Agreement (E Stamp Corp)

ENTRY BY LANDLORD. Subject to the provisions of this Section 10, Landlord may enter the Premises (a) to inspect, show inspect or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the BuildingsBuilding, or (b) during the last 12 months of the Term, to show the Premises to prospective new tenants. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry (including, without limitation, notice of the names of the person(s) who will perform such entry and of the affiliation(s) of such person(s) with Landlord or any contractor(s) of Landlord) and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, Premises and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, provided that Tenant does not shall make an such employee available in the Premises at the time indicated in such notice Landlord or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not party desires to enter the Premises (unless provided further that Landlord shall provide Tenant otherwise agreeswith at least 24 hours’ prior verbal notice before showing the Premises to prospective new tenants), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Notwithstanding the foregoing, except in emergency situations as reasonably determined by Landlord, Landlord temporarily closes shall exercise reasonable efforts not to unreasonably interfere with the Premises as provided above for a period in excess conduct of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement the business of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable conditionthe Premises. TenantIf, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within Landlord’s entry into the Premises (“Secured Area”) containing no more than 5% pursuant to this Section 10, Landlord acquires knowledge of the Rentable Area in the Premises. any information that constitutes a trade secret of Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or any information pertaining to Tenant’s right customers that Tenant is required to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situationkeep confidential under applicable privacy Laws, Landlord shall contact Tenantnot, with actual knowledge that such information constitutes such a trade secret or is subject to such privacy Laws, intentionally disclose, or intentionally and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord actively cause its employees or contractors to have disclose, such access. Landlord shall comply with all reasonable security measures pertaining information to any third parties, except to the Secured Area. If Landlord determines extent, if any, that such disclosure is, in its sole discretion that an emergency in the Building or the PremisesLandlord’s reasonable judgment, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance required by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaapplicable Law.

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com Inc)

ENTRY BY LANDLORD. Landlord may enter the Premises to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the BuildingsBuilding. Except in emergencies or to provide Building janitorial or security services, Landlord shall provide Tenant with reasonable prior verbal notice of entry at least 24 hours prior to such entry, which notice shall be by e-mail to the e-mail address designated by Tenant in Section 1.12 above, and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except Except in emergencies or to provide Building janitorial or security services, Landlord such entry shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, during Building Service Hours and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises and to have any third parties (such as prospective lenders, purchasers or tenants) so entering the Premises execute Tenant’s standard confidentiality agreement upon sign-in to the Premises, provided Tenant makes such employee and confidentiality agreement available at the time Landlord or such other party desires to enter the Premises as set forth in such prior notice to Tenant, 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. In addition, Landlord shall cause an agent or employee of Landlord to accompany any prospective tenant, lender or purchaser of the Building during any showing of the Premises. IfThe provisions of Section 7 of Exhibit F shall apply to any Confidential Information to which Landlord or Landlord’s employees may have access during any entry to the Premises hereunder. If Tenant requests maintenance, however, Tenant does not make an employee available repairs or any special services in the Premises at (or if Landlord requires access to the time indicated Premises for maintenance or repairs by a third party contractor or third party agent of Landlord), Tenant may request in writing concurrently with its request (or in the event of Landlord’s proposed access for repairs and maintenance, within 12 hours of Landlord’s notice to Tenant) that any third party contractor or third party agent of Landlord that enters the Premises in connection with such notice maintenance, repairs or at services sign Tenant’s standard confidentiality agreement as provided above. Upon such other time as may be mutually agreed upon by a Tenant request, Landlord and Tenant, then (i) if the entry is shall provide Tenant with contact information for the purpose of performing work applicable agent or providing services which have been requested by contractor so that Tenant may pursue such an agreement, and would Landlord shall not otherwise be performed allow such third party access to the Premises until Tenant confirms to Landlord that it has obtained such agreement or provided by Landlordwaived the requirement for such agreement. If Tenant requires a confidentiality agreement from any such third party, Landlord shall not enter 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 (unless with a third party contractor or third party agent without such an agreement in an event of emergency or, following a reasonable period in which Landlord allows Tenant otherwise agrees)to seek such an agreement, but (ii) if to the entry is for another purpose permitted by this Section, Landlord may enter extent reasonably necessary to perform maintenance and repairs to the PremisesPremises and the Building. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10emergencies, entry Landlord shall provide Tenant with reasonable prior verbal notice of such closure. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes Notwithstanding the Premises as provided above for a period in excess of 3 consecutive Business Daysforegoing, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises), such as Tenant’s server room. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area. Landlord shall use commercially reasonable efforts to ensure that security guards in the Building do not enter the Premises with third parties, or provide access into the Premises to third parties, except in compliance with this Article 10.

Appears in 1 contract

Samples: Office Lease Agreement (Salesforce Com Inc)

ENTRY BY LANDLORD. Upon prior notice to Tenant (except in case of emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord may and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to inspect, show Tenant for any loss of occupation or clean quiet enjoyment of the Premises or to perform or facilitate thereby occasioned, for the performance of following purposes: (i) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or repair thereof, as required or permitted by any law, and (vi) placing “For Sale” signs, and showing the Premises to Landlord’s existing or potential successors, purchasers and lenders. Tenant shall permit Landlord and Landlord’s agents, (i) at any time Tenant vacates the Premises (other than in connection with a Permitted Transfer or a sublease of the entire Premises) and (ii) at any time within nine (9) months prior to the Expiration Date (or at any time during the Lease Term that Tenant is in default hereunder), to place upon the Premises or any portion of within the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premisesexterior Common Areas “For Lease” signs, and Tenant shall be entitled exhibit the Premises to have an employee of Tenant accompany the person(s) entering the Premisesreal estate brokers and prospective tenants at reasonable hours. If, however, At any time when Tenant does not make an employee available rent all rentable space in the Premises Project Landlord shall have the right to place “For Lease” signs within the exterior Common Areas fronting North First Street. In addition, at any time within nine (9) months prior to the time indicated in such notice Expiration Date (or at such other any time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Lease Term that Tenant is in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such eventdefault hereunder), Landlord shall have no liability whatsoever the right to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of place “For Lease” signs within the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaexterior Common Areas.

Appears in 1 contract

Samples: Cavium, Inc.

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding or the Project, including other tenants' premises. Except in emergencies or to provide Building services, janitorial service (if Landlord shall provide Tenant so elects in accordance with reasonable prior verbal notice of entry Article IX.A. above) and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building servicesother regularly scheduled services after Normal Business Hours, Landlord shall provide Tenant with at least 24 hours’ hours prior notice of entry into the Premises, which may be given orally to orally. If reasonably necessary for the entity occupying the Premises, protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. Ifand its employees, however, upon at least 72 hours prior notice to Tenant does not make an employee available and consultation with Tenant (except in the Premises at the time indicated in such notice event of an emergency or at such other time except as may be mutually agreed upon otherwise required by Landlord any governmental entity, in which event no prior notice need be given and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise no prior consultation need be performed or provided by Landlordmade), Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord in accordance with this Article XI shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes Notwithstanding the Premises as provided above for a period in excess of 3 consecutive Business Daysforegoing, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area one or more areas within the Premises (each a "Secured Area”) containing "), provided that in no more than 5event shall the total amount of space constituting Secured Areas exceed 10% of the Rentable Area Premises, in the Premisesaggregate. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s 's right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact TenantTenant at least 24 hours in advance, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining rules, regulations and procedures as Tenant may from time to time establish with respect to entry to such Secured Area, including limitation as to time of entry, purpose of entry and controls by Tenant with respect to the conduct of such entry (including accompaniment by designated representatives of Tenant), provided that Tenant gives Landlord at least 30 days' prior written notice of all such rules, regulations and procedures and provided that all Secured AreaAreas are clearly marked in the Premises. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, subject to the penultimate sentence of this Section X.B., Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. In the event of such an emergency in the Building or the Premises which Landlord reasonably determines requires access by Landlord, Landlord shall make reasonable efforts to notify Tenant's designated employees as soon as reasonably possible, taking into account the nature of the emergency, Landlord's access to communications facilities and other reasonable factors. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Lease Agreement (Aerogen Inc)

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises as reasonably necessary to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises (to the extent a Landlord right or obligation under this Lease), and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding, including other tenants' premises (to the extent permitted under this Lease). Except in emergencies or to provide janitorial, if any, and other Building servicesservices after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to orally. If necessary for the entity occupying the Premises, protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. Ifand its employees, however, Tenant does not make an employee available upon 48 hours prior notice (or immediately in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose event of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordan emergency), Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions, but it shall diligently pursue any such repair and immediately open such closed Premises upon final repair. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent; provided, ·however, Landlord shall not unreasonably interfere with Tenant's operations at the Premises. If Landlord temporarily closes as a result of Landlord's entry Tenant is unable to occupy a material portion of the Premises as provided above for a period in excess of 3 three (3) consecutive Business Daysdays after notice, Tenant, as its sole remedy, then Tenant shall be entitled to receive a per diem an abatement of Base Rent during payable hereunder prorated based upon the period beginning on percentage of the 4th consecutive Business Day of closure and ending on the date on which Premises rendered untenantable until the Premises are returned to Tenant in a tenantable conditionagain tenantable. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining Notwithstanding anything to the Secured Area. If Landlord determines contrary in its sole discretion that an emergency in the Building or this Lease, any entry into the Premises, includingwhether by Landlord or any third parties, without limitationshall be subject to Tenant's security requirements (which security requirements shall be no more burdensome than Tenant's security requirements for other third party visitors or for Tenant's other buildings in the vicinity of the Property), and must be coordinated with Tenant's security personnel upon reasonable prior notice. Tenant shall provide Landlord access to the Premises for the purposes stated in this Section XI within a suspected fire or floodreasonable period after notice from Landlord if Landlord has complied with all of the security requirements to be complied with on its part. Further, requires Tenant may designate limited areas of the Premises as "Secured Areas"; provided that Tenant shall reasonably provide a Tenant's representative to accompany any Landlord to gain representative requiring access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured AreaAreas upon reasonable notice. In such eventconnection with the foregoing, Landlord shall have no liability whatsoever to Tenant with respect to not otherwise enter such entrance by Landlord, and Secured Areas except in the event of an emergency. Tenant shall pay have the right to install a key-card security system. In the event Tenant does not provide Landlord access to the Premises in breach of its obligations hereunder, Tenant shall promptly reimburse Landlord for all reasonable expenses actual, out-of-pocket costs incurred by Landlord in repairing the performance of its obligations under this Lease resulting from Landlord's inability to access the Premises. Landlord's current property manager is Xxxxx Xxxxxxx of Xxxxxx Realty Advisers ("Property Manager''). Tenant shall provide Property Manager with one key or reconstructing any entrancekey-card to the Premises to be used only in the event of emergencies, corridor, door or other portions and then only for the purpose of the Premises damaged as a result of a forcible entry by Landlordemergency. Landlord shall have no obligation indemnify Tenant for any losses or liabilities resulting from the improper use of the key or key­ card. Landlord shall give Tenant notice as soon as reasonably practical before or after any emergency entry. In the event that Landlord changes property managers, Landlord shall cause its current Property Manager to provide either janitorial service promptly return the key or cleaning key-card to Tenant, and such key or key-card will not be given to the new property manager until such person is approved by Tenant in the Secured Areawriting, such approval not to be unreasonably withheld, based on its security requirements.

Appears in 1 contract

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

ENTRY BY LANDLORD. Landlord may enter the Premises to inspect, clean or show or clean to potential lenders, investors and/or buyers the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the BuildingsBuilding, or, during the last 9 month of the Term of this Lease, to show the Premises to prospective tenants. Except in emergencies (as reasonably determined by Landlord) or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, Premises and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, provided Tenant does not make an makes such employee available in the Premises at the time indicated in such notice Landlord or at such other time as may be mutually agreed upon by Landlord and Tenantparty reasonably desires to enter the Premises. Notwithstanding the foregoing, then (i) if the entry is for the purpose except in emergencies or during any period of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by LandlordDefault, Landlord shall not enter exercise reasonable efforts to perform any entry into the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premisesduring Building Service Hours. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergenciesemergencies (as reasonably determined by Landlord), Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes Notwithstanding the Premises as provided above for a period in excess of 3 consecutive Business Daysforegoing, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area all or any portion of the Operations Center within the Premises (the “Secured Area”) containing no more than 5% of the Rentable Area in the Premises). Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall provide janitorial service and cleaning service in the Secured Area, provided that Tenant’s personnel are available to provide access to the Secured Area to Landlord’s janitorial and cleaning personnel during the regular hours that Landlord provides janitorial service and cleaning service to the other tenants in the Building. However, Tenant acknowledges and agrees that Landlord shall have no obligation to provide either liability or responsibility whatsoever for not providing janitorial service or cleaning service to the Secured Area if Tenant’s personnel are not so available to provide access or deny access to the Secured Area to Landlord’s janitorial and cleaning personnel during the regular hours that Landlord provides janitorial service and cleaning service to the other tenants in the Secured AreaBuilding.

Appears in 1 contract

Samples: Office Lease Agreement (Virgin America Inc.)

ENTRY BY LANDLORD. In addition to Landlord’s reserved rights set forth in Paragraph 21 below, Landlord may and its agents will have the right to enter the Leased Premises at all reasonable times from 7:00 a.m. to 6:00 p.m., Monday through Friday excluding holidays, and when accompanied by an employee of Tenant, in such manner as to cause as little disturbance to Tenant as reasonably practicable (a) upon not less than two business days’ notice in the absence of an emergency in order to inspect the Leased Premises, (b) upon not less than two business days’ notice to show the Leased Premises to inspectprospective purchasers, lenders or ground lessors, (c) upon not less than two business days’ notice to show or clean the Leased Premises or to perform or facilitate prospective tenants during the performance of repairs, alterations or additions to the Premises or any portion last year of the BuildingsLease Term (provided Tenant has not exercised an Extension Option), and (d) in connection with the rights reserved by Landlord elsewhere in this Lease. Except Landlord and its agents will have the right to enter the Leased Premises at any time in emergencies or to provide Building servicesthe case of emergency, in which case Landlord shall provide notify Tenant with reasonable thereof as soon as practicable, including as contemplated by the emergency procedures in place between Landlord and Tenant prior verbal notice to execution of entry this Lease, as such procedures may be modified from time to time as reasonably agreed between Landlord and shall use reasonable efforts Tenant. If Tenant is not personally present to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of open and permit entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Leased Premises at the any time indicated in when such notice or at such other time as may be mutually agreed upon entry by Landlord and Tenant, then (i) if the entry is for the purpose of performing work necessary or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Sectionhereunder, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or by means of a portion of the Premises master key without liability to perform repairs, alterations and additions. HoweverTenant, except in emergenciesfor any failure to exercise due care for Tenant’s property or except for Landlord’s gross negligence, and without affecting this Lease. In connection with any such entry, Landlord will not close the Premises if the work can reasonably be completed on weekends show proper credentials to Tenant’s building security personnel and after Building Service Hoursabide by Tenant’s reasonable security requirements. Except as specifically provided otherwise in this Section 10, Such entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall will not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required construed as a result manifestation by the Landlord of the acts or omissions of Tenant, its agents, employees or contractors, includingan intent to terminate this Lease. Tenant will not, without limitationthe prior consent of Landlord, a Default by Tenant in its maintenance and repair obligations under change the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining install additional locks on any entry doors to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured AreaBuilding.

Appears in 1 contract

Samples: Commercial Lease (Starz)

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect or (within the final three (3) months of the Term) show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding or the Project, including other tenants’ premises. Except in emergencies or to provide janitorial and other Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally by email to Txxx Xx xxxx (txxx.xxxxxx@xxxxxx.xxx) and which shall not be less than twenty-four (24) hours (except in event of emergency). If reasonably necessary for the entity occupying the Premises, protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordits employees, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes Notwithstanding the Premises as provided above for a period in excess of 3 consecutive Business Daysforegoing, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises). Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord reasonably determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Lease Agreement (Vivani Medical, Inc.)

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding, including other tenants' premises. Except in emergencies or to provide janitorial and other Building services, services after Normal Business Hours Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, Premises which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premisesorally. If reasonably necessary, necessary for the protection and safety of Tenant and its employees. Landlord may shall have the right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10Notwithstanding the foregoing, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If if Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Daysday(s), Tenant, Tenant as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, including without limitation, a Default default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks Except as otherwise specifically provided in this Article entry by Landlord shall not constitute constructive eviction or entitle Tenant to an area within abatement or reduction of Rent. Notwithstanding the Premises (“Secured Area”) containing no more than 5% foregoing except in emergency situations as reasonably determined by Landlord, Landlord shall exercise reasonable efforts not to unreasonably interfere with the conduct of the Rentable Area business of Tenant in the Premises. Tenant need However, the foregoing shall not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for require Landlord to perform work after Normal Business Hours unless Tenant agrees to reimburse Landlord for the extra cost incurred in connection with such work, if any, which exceeds the cost for such work which would have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses been incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areahad it been performed during Normal Business Hours.

Appears in 1 contract

Samples: Office Lease Agreement (Lecg Corp)

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises as reasonably necessary to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises (to the extent a Landlord right or obligation under this Lease), and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding, including other tenants' premises (to the extent permitted under this Lease). Except in emergencies or to provide janitorial, if any, and other Building servicesservices after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to orally. If necessary for the entity occupying the Premises, protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. Ifand its employees, however, Tenant does not make an employee available upon 48 hours prior notice (or immediately in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose event of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordan emergency), Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions, but it shall diligently pursue any such repair and immediately open such closed Premises upon final repair. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent; provided, however, Landlord shall not unreasonably interfere with Tenant's operations at the Premises. If Landlord temporarily closes as a result of Landlord's entry Tenant is unable to occupy a material portion of the Premises as provided above for a period in excess of 3 three (3) consecutive Business Daysdays after notice, Tenant, as its sole remedy, then Tenant shall be entitled to receive a per diem an abatement of Base Rent during payable hereunder prorated based upon the period beginning on percentage of the 4th consecutive Business Day of closure and ending on the date on which Premises rendered untenantable until the Premises are returned to Tenant in a tenantable conditionagain tenantable. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining Notwithstanding anything to the Secured Area. If Landlord determines contrary in its sole discretion that an emergency in the Building or this Lease, any entry into the Premises, includingwhether by Landlord or any third parties, without limitationshall be subject to Tenant's security requirements (which security requirements shall be no more burdensome than Tenant's security requirements for other third party visitors or for Tenant's other buildings in the vicinity of the Property), and must be coordinated with Tenant's security personnel upon reasonable prior notice. Tenant shall provide Landlord access to the Premises for the purposes stated in this Section XI within a suspected fire or floodreasonable period after notice from Landlord if Landlord has complied with all of the security requirements to be complied with on its part. Further, requires Tenant may designate limited areas of the Premises as "Secured Areas"; provided that Tenant shall reasonably provide a Tenant's representative to accompany any Landlord to gain representative requiring access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured AreaAreas upon reasonable notice. In such eventconnection with the foregoing, Landlord shall have no liability whatsoever to Tenant with respect to not otherwise enter such entrance by Landlord, and Secured Areas except in the event of an emergency. Tenant shall pay have the right to install a key-card security system. In the event Tenant does not provide Landlord access to the Premises in breach of its obligations hereunder, Tenant shall promptly reimburse Landlord for all reasonable expenses actual, out-of-pocket costs incurred by Landlord in repairing the performance of its obligations under this Lease resulting from Landlord's inability to access the Premises. Landlord’s current property manager is Xxxxx Xxxxxxx of Xxxxxx Realty Advisers ("Property Manager"). Tenant shall provide Property Manager with one key or reconstructing any entrancekey-card to the Premises to be used only in the event of emergencies, corridor, door or other portions and then only for the purpose of the Premises damaged as a result of a forcible entry by Landlordemergency. Landlord shall have no obligation indemnify Tenant for any losses or liabilities resulting from the improper use of the key or key­ card. Landlord shall give Tenant notice as soon as reasonably practical before or after any emergency entry. In the event that Landlord changes property managers, Landlord shall cause its current Property Manager to provide either janitorial service promptly return the key or cleaning key-card to Tenant, and such key or key-card will not be given to the new property manager until such person is approved by Tenant in the Secured Areawriting, such approval not to be unreasonably withheld, based on its security requirements.

Appears in 1 contract

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, 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 enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises, the premises of other tenants in the Building, or the Building, or for structural alterations, 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 inspect(A) perform services required of Landlord, show including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or clean 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 or facilitate the performance of any repairs, alterations or additions to the Premises or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, decorations except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually otherwise expressly agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaherein.

Appears in 1 contract

Samples: Office Lease (Prime Response Group Inc/De)

ENTRY BY LANDLORD. Upon reasonable prior written notice (except in the case of an emergency when no such notice will be required), Landlord may enter the Premises at all reasonable times to: inspect them; exhibit them to inspectprospective purchasers, show lenders or clean the Premises tenants; determine whether Tenant is complying with all of its obligations; supply janitorial and other services to be provided by Landlord to Tenant; post notices of non-responsibility in connections with Tenant’s Alterations; and make repairs or improvements in or to perform the Building or facilitate the performance Premises. All such work will be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant waives any claim for damages for any injury or inconvenience to, or interference with, Tenant’s business, any loss of repairs, alterations occupancy or additions to quiet enjoyment of the Premises or any portion other loss occasioned by such entry. Landlord will at all times have and retain a key with which to unlock all of the Buildings. Except in emergencies doors in, on or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with about the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in writing in advance). Landlord will have the right to use of any and all means by which Landlord may deem proper to enter the Premises. Notwithstanding Any entry to the foregoing, except in emergencies Premises obtained by Landlord will not be a forcible or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of unlawful entry into the Premises, which may or an eviction or a termination of Tenant’s duties. If Landlord is required to obtain entry by means other than a key provided by Tenant, the cost of such entry will be given orally payable by Tenant as Additional Rent. Except in case of an emergency, notwithstanding anything in this section to the entity occupying the Premisescontrary, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then agrees (i) if that before entering the entry is for the purpose of performing work or providing services which have been requested by cleanroom, Landlord will obtain express permission from Tenant and would not otherwise be performed or provided by Landlordtake all necessary sanitary precautions, Landlord shall not enter the Premises (unless Tenant otherwise agrees)including, but not limited to wearing required protective suits; and (ii) if the entry is for another purpose permitted by this Section, to keep confidential any and all information of Tenant that Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact upon entering Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area’s office area.

Appears in 1 contract

Samples: Lease (Syntax-Brillian Corp)

ENTRY BY LANDLORD. (a) Notwithstanding anything else to the contrary, Landlord may and its Affiliates will have the right to use any means necessary to enter the Remaining Premises if Landlord believes there is an emergency or that entry is necessary to inspectprevent damage or injury or protect health, show safety or clean property, and in such event Landlord will be required to give only such notice (if any) that it in good faith believes is feasible under the circumstances and need not wait to be accompanied by Tenant or its employees or representatives (although these parties may still accompany Landlord if they are available and wish to do so). Otherwise Landlord and its Affiliates (and representatives of the WSI Tenant or future tenants and their respective Affiliates, if accompanied by a representative of Landlord or its Affiliates or if otherwise approved for entry by Tenant) will have the right to enter the Remaining Premises only on at least twenty four (24) hours' prior notice. Tenant may if it wishes provide a representative to accompany Landlord or its Affiliates (and such other parties) during such an entry, and in such cases those parties will comply with legitimate security procedures of Tenant provided that they do not unreasonably interfere with the exercise of Landlord's rights under this Lease. Landlord will retain (or be given by Tenant) keys to unlock all the doors to or within the Remaining Premises, excluding doors to Tenant's vaults and files. Entry to the Premises and the exercise of Landlord's rights will not, under any circumstances, be deemed to be a default, a forcible or to perform unlawful entry into or facilitate a detainer of the performance Remaining Premises or an eviction of repairs, alterations or additions to Tenant from the Remaining Premises or any portion of the Buildings. Except in emergencies or thereof, nor will it subject Landlord to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction Liabilities or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Daysany compensation, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure rent or other rights and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premisesremedies. Tenant need will not furnish responsible for any Liabilities directly resulting from the entry into the Remaining Premises by Landlord with a keyor such other parties, but upon except to the Termination Date or earlier expiration or termination of the extent that such Liabilities result from Tenant's default under this Lease or Tenant’s right to possession, the negligence or willful misconduct of Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in or its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured AreaAffiliates."

Appears in 1 contract

Samples: Navisite Inc

ENTRY BY LANDLORD. Landlord may reserves and shall at any and all times have the right to enter the Premises for the purposes of inspection, and for that purpose shall at all times have and retain the necessary keys with which to inspectunlock all doors in, show upon, and about the Premises, excluding Tenant's vaults, safes, files, and such areas as Tenant shall designate as "secure areas." Tenant shall have the right to place Tenant's own locks on any such designated "secure areas." Landlord shall have the right to inspect the physical status of any areas designated as "secure areas" upon notice to Tenant and in company with a representative of Tenant. Landlord shall have right of access to the Premises necessary to provide janitorial and other services to be provided hereunder but the times of such access shall be those that shall be agreed on from time to time between Landlord and Tenant, and neither party shall withhold its agreement unreasonably. Landlord shall have the right, upon reasonable notice, to submit Premises to inspection by prospective purchasers or clean tenants. Landlord shall have the right to enter the Premises during normal business hours of 9:00 a.m. and 5:00 p.m. during working days in order to post notices of non-responsibility. Landlord shall have the right to enter the Premises, other than the secure areas, at any time Landlord deems it necessary or desirable, in order to alter, improve, or repair the premises and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that access by Tenant to the Premises or freedom of movement within the Premises are not unreasonably restricted. Landlord shall have the right to perform use the keys in his possession for the purpose of entering the Premises for the purposes of alteration, improvement, or facilitate repair. Landlord undertakes,, in those cases where alteration, improvement, or repair can be planned in advance, to notify Tenant as far in advance as is possible, and in those cases where an alteration, improvement, or repair is of an emergency or other nature such that advance planning is not possible, to notify Tenant promptly that the performance Premises have been entered. Landlord shall have no liability to Tenant for any such proper entrance except for any failure to exercise due care for Tenant's property. Tenant shall be responsible to report to landlord any circumstance requiring action by Landlord in any secure area. As regards any proper entry governed by this Paragraph, Tenant hereby waives any claim for damages or for injury or inconvenience to or interference with Tenant's business, any loss of repairsoccupancy or quiet enjoyment of the Premises, alterations and any other loss occasioned thereby, other than a loss resulting from negligence by Landlord. Any such proper entry shall not be cause for any abatement of rent. Any proper entry to the Premises as governed by this Paragraph obtained by Landlord by any of these said means shall not under any circumstances be construed or additions deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areathereof.

Appears in 1 contract

Samples: Fair Isaac & Company Inc

ENTRY BY LANDLORD. Landlord and Landlord's agents and representatives may enter the Premises during business hours to inspect, inspect the Premises; to make such repairs as may be required or permitted under this Lease SO LONG AS SUCH REPAIR DOES NOT UNREASONABLY INTERFERE WITH TENANT'S OPERATION; to perform any unperformed obligations of Tenant hereunder FOLLOWING 10 DAYS' NOTICE AND OPPORTUNITY TO CURE; and to show or clean the Premises or to perform or facilitate prospective purchasers, mortgagees, ground lessors, and (during the performance last twelve (12) months of repairsthe Term) tenants, alterations or additions to PROVIDED THAT TENANT HAS NOT EXERCISED IT RENEWAL OPTION SET FORTH HEREUNDER. During the last twelve (12) months of the Term (OR RENEWAL TERM, IF APPLICABLE), Landlord may erect a sign on the Premises or any portion indicating that the Premises are available. Tenant shall notify Landlord in writing of its intention to vacate the BuildingsPromises at least sixty (60) days before Tenant will vacate the Premises; such notice shall specify the date on which Tenant intends to vacate the Premises (the "VACATION DATE"). Except in emergencies or At least thirty (30) days before the Vacation Date, Tenant shall arrange to provide Building services, meet with Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use for a joint inspection of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building servicesAfter such inspection, Landlord shall provide prepare a list of items that LANDLORD AND Tenant with at least 24 hours’ prior notice AGREE THAT TENANT must perform before the Vacation Date. If Tenant fails to arrange for such inspection, then Landlord may conduct such inspection and Landlord's determination of entry into the Premises, which may be given orally work Tenant is required to perform before the entity occupying the Premises, and Tenant Vacation Date shall be entitled conclusive. If Tenant fails to have an employee of Tenant accompany perform such work before the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and TenantVacation Date, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premisesperform) such work at Tenant's cost. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses costs incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by performing such work within ten (10) days after Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area's request therefor.

Appears in 1 contract

Samples: Lease Agreement (Cavion Technologies Inc)

ENTRY BY LANDLORD. Landlord may and its employees and agents will at all times have the right to enter the Premises as reasonably necessary to inspectinspect the same, to supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to show or clean the Premises or to perform or facilitate prospective purchasers and prospective lenders and/or (during the performance last nine (9) months of repairsthe term only) to prospective tenants, alterations or additions to post notices of nonresponsibility, and/or to repair the Premises as permitted or any portion of the Buildingsrequired by this Lease. Except in emergencies or to provide Building servicesIn exercising such entry rights, Landlord shall will use commercially reasonable efforts to minimize, as reasonably practicable, the interference with Tenant’s business, and will provide Tenant with reasonable prior verbal advance notice of any such entry (except in emergency situations). Landlord may, in order to carry out such purposes, erect scaffolding and shall use reasonable efforts other necessary structures where reasonably required by the character of the work to minimize any interference be performed. Landlord will at all times have and retain a key with which to unlock all doors in the Premises, excluding Tenant’s vaults and safes. Landlord will have the right to use of any and all means which Landlord may reasonably deem proper to open said doors in an emergency in order to obtain entry to the Premises. Notwithstanding Any entry to the foregoingPremises obtained by Landlord by any of said means, except in emergencies or otherwise, will not be construed or deemed to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of be a forcible or unlawful entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have or an employee eviction of Tenant accompany the person(s) entering from the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned liable to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts for any damages or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time losses for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Unless caused by the negligence or willful misconduct of Landlord or any Landlord Parties, Landlord, in exercising its rights under this Lease, (i) shall not interfere with access to the Premises or Tenant’s use and enjoyment of the Premises and all Common Areas, (ii) shall in no event have no obligation access to provide either janitorial service or cleaning Tenant’s designated secure area except in the Secured Areacase of an emergency, and (iii) shall repair, restore and redecorate any damage to the Premises caused by or at the direction of Landlord in exercising such rights.

Appears in 1 contract

Samples: Office Building Lease (Quest Software Inc)

ENTRY BY LANDLORD. Landlord may may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency necessitates an immediate entry or prior to entry to provide routine janitorial services under Paragraph I 7.g.ii. above, if applicable), enter the Premises to inspect(a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or clean (during the final twelve (12) months of the Lease Term) tenants, (d) post notices of non-responsibility, and (e) alter, improve or repair the Premises (to the extent such work is required or permitted hereunder to be performed by Landlord) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to perform be performed. In no event shall such entry or facilitate work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the performance of repairsdoors in the Premises, alterations or additions except Tenant’s vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of unlawful entry into the Premises, which may be given orally to the entity occupying a detainer of the Premises, and Tenant shall be entitled to have or an employee eviction of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or from the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaportion thereof.

Appears in 1 contract

Samples: Office Lease (New Relic Inc)

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises as reasonably necessary to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises (to the extent a Landlord right or obligation under this Lease), and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding, including other tenants' premises (to the extent permitted under this Lease). Except in emergencies or to provide janitorial, if any, and other Building servicesservices after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to orally. If necessary for the entity occupying the Premises, protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. Ifand its employees, however, Tenant does not make an employee available upon 48 hours prior notice (or immediately in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose event of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordan emergency), Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions, but it shall diligently pursue any such repair and immediately open such closed Premises upon final repair. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent; provided, however, Landlord shall not unreasonably interfere with Tenant's operations at the Premises. If Landlord temporarily closes as a result of Landlord's entry Tenant is unable to occupy a material portion of the Premises as provided above for a period in excess of 3 three (3) consecutive Business Daysdays after notice, Tenant, as its sole remedy, then Tenant shall be entitled to receive a per diem an abatement of Base Rent during payable hereunder prorated based upon the period beginning on percentage of the 4th consecutive Business Day of closure and ending on the date on which Premises rendered untenantable until the Premises are returned to Tenant in a tenantable conditionagain tenantable. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining Notwithstanding anything to the Secured Area. If Landlord determines contrary in its sole discretion that an emergency in the Building or this Lease, any entry into the Premises, includingwhether by Landlord or any third parties, without limitationshall be subject to Tenant's security requirements (which security requirements shall be no more burdensome than Tenant's security requirements for other third party visitors or for Tenant's other buildings in the vicinity of the Property), and must be coordinated with Tenant's security personnel upon reasonable prior notice. Tenant shall provide Landlord access to the Premises for the purposes stated in this Section XI within a suspected fire or floodreasonable period after notice from Landlord if Landlord has complied with all of the security requirements to be complied with on its part. Further, requires Tenant may designate limited areas of the Premises as "Secured Areas"; provided that Tenant shall reasonably provide a Tenant's representative to accompany any Landlord to gain representative requiring access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured AreaAreas upon reasonable notice. In such eventconnection with the foregoing, Landlord shall have no liability whatsoever to Tenant with respect to not otherwise enter such entrance by Landlord, and Secured Areas except in the event of an emergency. Tenant shall pay have the right to install a key-card security system. In the event Tenant does not provide Landlord access to the Premises in breach of its obligations hereunder, Tenant shall promptly reimburse Landlord for all reasonable expenses actual, out-of-pocket costs incurred by Landlord in repairing the performance of its obligations under this Lease resulting from Landlord's inability to access the Premises. Landlord's current property manager is Xxxxx Xxxxxxx of Xxxxxx Realty Advisers ("Property Manager"). Tenant shall provide Property Manager with one key or reconstructing any entrancekey-card to the Premises to be used only in the event of emergencies, corridor, door or other portions and then only for the purpose of the Premises damaged as a result of a forcible entry by Landlordemergency. Landlord shall have no obligation indemnify Tenant for any losses or liabilities resulting from the improper use of the key or key-card. Landlord shall give Tenant notice as soon as reasonably practical before or after any emergency entry. In the event that Landlord changes property managers, Landlord shall cause its current Property Manager to provide either janitorial service promptly return the key or cleaning key-card to Tenant, and such key or key-card will not be given to the new property manager until such person is approved by Tenant in the Secured Areawriting, such approval not to be unreasonably withheld, based on its security requirements.

Appears in 1 contract

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

ENTRY BY LANDLORD. (A) Landlord may and Landlord's agents and representatives shall have the right to enter the Premises at any time in case of an emergency, and at all reasonable times to inspectcomply with applicable laws or for any purpose permitted pursuant to the terms of this Lease, show including, but not limited to, examining the Premises; making such repairs or clean alterations therein as may be necessary or appropriate in Landlord's judgment for the safety and preservation thereof; erecting, installing, maintaining, repairing or replacing wires, cables, conduits, vents, ducts, risers, pipes, HVAC equipment or plumbing equipment running in, to, or through the Premises; showing the Premises to prospective purchasers or mortgagees and, during the last fifteen (15) months of the Term or, when appropriate, during the last fifteen (15) months of an Option Term, if Tenant has not exercised its right to perform or facilitate the performance of repairs, alterations or additions to lease the Premises or any portion during the next applicable Option Term, prospective tenants; and posting notices of non-responsibility. Tenant may designate certain areas of the BuildingsPremises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Except Landlord may not enter such Secured Areas except in emergencies the case of emergency in which case no notice shall be required, or to provide Building servicesin the event of a Landlord inspection, in which case Landlord shall provide Tenant with reasonable two (2) days' prior verbal written notice of entry the specific date and time of such Landlord inspection. No keys for any door other than those keys provided by Landlord shall use reasonable efforts to minimize any interference with be made. If more than two keys for one lock are desired by Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed same upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested payment by Tenant and would not otherwise be performed of Landlord's actual out-of-pocket cost. Upon termination of this Lease or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to 's possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result and shall make known to Landlord the explanation of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaall combination locks on safes, cabinets and vaults.

Appears in 1 contract

Samples: Project Site Plan (Aames Financial Corp/De)

ENTRY BY LANDLORD. Landlord may enter the Premises to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the BuildingsBuilding. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable no less than forty-eight (48) hours (except in the case of emergency), which notice may be delivered via e-mail or mail, prior verbal notice of entry entry, which notice may be delivered by telephone or by email, and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding Landlord shall not show the Premises to prospective tenants except during the last twelve (12) months of the Term. Landlord shall use commercially reasonable efforts to not interfere with Tenant’s use or occupancy of, or access to the Premises and shall comply with Tenant’s reasonable security and access requirements. Subject to the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additionsadditions that Landlord is required to make pursuant to the terms of this Lease or are reasonably necessary in connection with the maintenance, repair, replacement or operation of the Building. HoweverFurthermore, except in emergencies, Landlord will not close the Premises if the such work can reasonably be completed on weekends and after Building Service Hours. Except If such closure renders the Premises untenantable for a period in excess of ten (10) consecutive Business Days, and as specifically provided otherwise a result Tenant does not occupy the Premises, then Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the eleventh (11th) consecutive Business Day of the closure and ending on the day the Premises are returned to Tenant in this Section 10a tenantable condition. If the entire Premises have not been rendered untenantable by Landlord’s closure, the amount of abatement shall be equitably prorated. However, except in emergencies, Landlord will not close the Premises. Subject to the foregoing abatement right, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease Agreement (Thimble Point Acquisition Corp.)

ENTRY BY LANDLORD. Landlord may may, at any and all reasonable times, and upon no less than forty-eight (48) hours’ prior notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its good faith judgment) necessitates an immediate entry or prior to entry to provide janitorial or security services), enter the Premises to inspect(a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) show or clean the Premises to prospective lenders, purchasers and, during the last 12 months of the Term, to prospective tenants, (c) post notices of nonresponsibility, and (d) make repairs or to perform or facilitate the performance of repairs, required alterations or additions improvements to the Premises Building or any other portion of the BuildingsPremises as required under this Lease. At Tenant’s option, Tenant may require that an employee of Tenant accompany any such visitors (other than Landlord or Landlord’s agents, employees or contractors). Tenant may from time to time upon thirty (30) days’ advance written notice to Landlord designate, as secured areas of the Premises, areas where unusually confidential information is kept. Except in emergencies or to provide Building servicesthe case of emergency (as determined by Landlord in good faith), Landlord shall provide not enter such secured areas unless accompanied by a representative of Tenant. Tenant agrees to make such representative available to Landlord during Business Hours upon reasonable advance request (which may be oral) by Landlord. If Tenant shall fail to make such a representative available upon such request, Landlord may enter such secured areas without Tenant’s representative. Landlord shall at all times be provided with reasonable prior verbal notice a means of entry and shall use reasonable efforts to minimize any interference with the secured areas in the event of an emergency or Tenant’s use failure to provide a representative as aforesaid. Landlord shall not provide janitorial services to such secured areas unless requested by Tenant, in which case such services will be provided at the normal times janitorial service is supplied to other portions of the Premises. Notwithstanding Tenant may elect that a representative accompany the foregoingprovider of such janitorial services to the secured areas so long as the same does not require rescheduling of such services or hinder, interfere with or delay the performance of the same and is permitted under Landlord’s applicable contracts with the provider of such janitorial services. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Xxxxxx. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults and safes. Landlord shall use good faith efforts to minimize interference with Xxxxxx’s use and occupancy of the Premises for the ordinary conduct of Xxxxxx’s business in emergencies or connection with the exercise of Landlord’s rights under this Paragraph. If an emergency necessitates immediate access to provide Building servicesthe Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall provide Tenant with at least 24 hours’ prior notice of not constitute a forcible or unlawful entry into the Premises, which may be given orally to the entity occupying a detainer of the Premises, and Tenant shall be entitled to have or an employee eviction of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or from the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Areaany portion thereof. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord1005628.07/SF 375170-00002/11-24-16/mrm/mrm -47- 24. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured AreaIntentionally Omitted.

Appears in 1 contract

Samples: Office Lease (Warner Music Group Corp.)

ENTRY BY LANDLORD. Landlord reserves and shall have the right at any and all times during Tenant's usual business hours or at any other times upon twenty-four (24) hours' notice (except in case of emergency for which Landlord may enter at any time without notice) to enter the Leased Premises, to inspect the same, to supply janitorial service (unless otherwise provided by Tenant) and other services to be provided by Landlord to Tenant hereunder, to submit the Leased Premises to inspectprospective purchasers or tenants, show to post notices of non-responsibility, and to alter, improve or clean repair the Leased Premises and any portion of the Building of which the Leased Premises are a part, without abatement of Annual Basic Rent or Additional Rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that access into the Leased Premises shall not be blocked thereby, and further providing that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Leased Premises or any loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to perform unlock all the doors in, upon or facilitate about the performance of repairsLeased Premises, alterations or additions excluding Tenant's vaults and safes, and Landlord shall have the right to use any and all means which Landlord may deem proper to open such doors in any emergency in order to obtain entry to the Leased Premises, and any entry to the Leased Premises obtained by Landlord by any such means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises or an eviction of Tenant from all or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Leased Premises. Notwithstanding the foregoing, except Nothing in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant this Article 17 shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time construed as may be mutually agreed upon by obligating Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform any repairs, alterations and additions. However, or maintenance except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise expressly required elsewhere in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease (Mobility Electronics Inc)

ENTRY BY LANDLORD. Upon not less than twenty four (24) hours’ prior notice to Tenant (except in case of emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord may and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to inspect, show Tenant for any loss of occupation or clean quiet enjoyment of the Premises or to perform or facilitate thereby occasioned, for the performance of following purposes: (i) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises that are allowed or that are Landlord’s responsibility under this Lease; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any portion obligations of Landlord under the BuildingsLease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or repair thereof, as required or permitted by any Law, and (vi) placing “For Sale” signs, and showing the Premises to Landlord’s existing or potential successors, purchasers and lenders. Except in emergencies or to provide Building servicesTenant shall permit Landlord and Landlord’s agents, Landlord shall provide Tenant with reasonable at any time within twelve (12) months prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying Expiration Date (or at any time during the PremisesLease Term that Tenant is in default hereunder beyond any applicable notice and cure period expressly set forth in this Lease), to place upon the Premises “For Lease” signs, and Tenant shall be entitled exhibit the Premises to have an employee of Tenant accompany the person(s) entering the Premisesreal estate brokers and prospective tenants at reasonable hours. If, however, At any time when Tenant does not make an employee available rent all rentable space in the Premises Project, and at any time within twelve (12) months prior to the time indicated in such notice Expiration Date (or at such other any time as may be mutually agreed upon by Landlord during the Lease Term that Tenant is in default hereunder beyond any applicable notice and Tenant, then (icure period expressly set forth in this Lease) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close does rent all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area rentable space in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such eventProject, Landlord shall have no liability whatsoever the right to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of place “For Lease” signs within the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured exterior Common Area.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

ENTRY BY LANDLORD. Landlord may enter the Premises at reasonable hours with no less than twenty-four (24) hours advance written notice to inspect, show or clean Tenant to (a) inspect the Premises; (b) exhibit the Premises to prospective purchasers, or lenders, or within the last nine (9) months of the Term, to tenants; (c) determine whether Tenant is complying with all obligations under this Lease; (d) and 24 hour notice to Tenant to supply janitorial service and any other services to be provided by Landlord under this Lease; (e) post notices of nonresponsibility; and (f) make repairs or perform maintenance required of Landlord by this Lease, make repairs to any adjoining space or facilitate the performance of utility services, or make repairs, alterations alterations, or additions improvements to any other portion of the Building. However, all this work shall be done as promptly as reasonably possible and cause as little interference to Tenant as reasonably possible. Subject to Landlord’s undertakings in the previous sentence, Tenant waives any damage claims for inconvenience to or interference with Tenant’s business or loss of occupancy or quiet enjoyment of the Premises caused by Landlord’s entry. At all times Landlord shall have a key with which to unlock the doors on the Premises, excluding Tenant’s vaults, safes, and similar areas designated as secure areas in writing by Tenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord deems proper to open Tenant’s doors and enter the Premises. Entry to the Premises by Landlord in an emergency shall not be construed as a forcible or any portion unlawful entry, a detainer, or an actual or constructive eviction of Tenant. Notwithstanding the Buildings. Except in emergencies or to provide Building servicesforegoing, Landlord shall provide Tenant with reasonable twenty-four (24) hours notice prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of entering the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice the event of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Sectionemergency, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all providing such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areanotice.

Appears in 1 contract

Samples: Office Lease (Java Detour Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice (which notice may be telephonic) to Tenant (except in the case of an emergency, in which event no notice shall be required) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, brokers, investors or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building Systems. Landlord shall have the right to install, use and maintain ducts, cabling, pipes and conduits in and through the Premises, provided that (a) such ducts, cabling, pipes and conduits are concealed within or above partitioning columns, walls or ceilings, except that if such ducts, cabling, pipes or conduits are installed in areas that are utility areas (such as storage areas, mailrooms or mud rooms), then such ducts, cabling, pipes or conduits may also be installed on partitioning walls, columns or ceilings, (b) such ducts, cabling, pipes and conduits do not reduce the usable area of the Premises by more than a de minimis amount, and (c) Landlord installs such ducts, cabling, pipes and conduits in a manner that minimizes, to the extent reasonably practicable, any adverse effect on an Alteration theretofore performed in the Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to inspect(A) perform services required of Landlord, show including janitorial service; (B) to the extent permitted by applicable Law, take possession due to any breach of this Lease in the manner provided herein; or clean (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant to Landlord. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or to perform unlawful entry into, or facilitate a detainer of, the performance Premises, or an actual or constructive eviction of repairs, alterations or additions to the Premises or Tenant from any portion of the BuildingsPremises. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except business operations in emergencies or to provide Building services, Landlord shall provide Tenant connection with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, any entry by Landlord shall not constitute a constructive eviction or entitle Tenant pursuant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areathis Article 27.

Appears in 1 contract

Samples: Office Lease (Midwest Banc Holdings Inc)

ENTRY BY LANDLORD. Landlord may may, at any and all reasonable times, and upon no less than forty-eight (48) hours’ prior notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its good faith judgment) necessitates an immediate entry or prior to entry to provide janitorial or security services), enter the Premises to inspect(a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) show or clean the Premises to prospective lenders, purchasers and, during the last 12 months of the Term, to prospective tenants, (c) post notices of nonresponsibility, and (d) make repairs or required alterations or improvements to perform the Building or facilitate any other portion of the Premises as required under this Lease. At Tenant’s option, Tenant may require that an employee of Tenant accompany any such visitors (other than Landlord or Landlord’s agents, employees or contractors). Tenant may from time to time upon thirty (30) days’ advance written notice to Landlord designate, as secured areas of the Premises, areas where unusually confidential information is kept. Except in the case of emergency (as determined by Landlord in good faith), Landlord shall not enter such secured areas unless accompanied by a representative of Tenant. Tenant agrees to make such representative available to Landlord during Business Hours upon reasonable advance request (which may be oral) by Landlord. If Tenant shall fail to make such a representative available upon such request, Landlord may enter such secured areas without Tenant’s representative. Landlord shall at all times be provided with a means of entry to the secured areas in the event of an emergency or Tenant’s failure to provide a representative as aforesaid. Landlord shall not provide janitorial services to such secured areas unless requested by Tenant, in which case such services will be provided at the normal times janitorial service is supplied to other portions of the Premises. Tenant may elect that a representative accompany the provider of such janitorial services to the secured areas so long as the same does not require rescheduling of such services or hinder, interfere with or delay the performance of repairsthe same and is permitted under Landlord’s applicable contracts with the provider of such janitorial services. In no event shall such entry or work entitle Tenant to an abatement of rent, alterations constitute an eviction of Tenant, constructive or additions otherwise, or impose upon Landlord any liability whatsoever, including but not limited to the Premises liability for consequential damages or any portion loss of business or profits by Tenant. Landlord shall at all times retain a key with which to unlock all of the Buildingsdoors in the Premises, except Tenant’s vaults and safes. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable good faith efforts to minimize any interference with Tenant’s use and occupancy of the Premises for the ordinary conduct of Tenant’s business in connection with the exercise of Landlord’s rights under this Paragraph. If an emergency necessitates immediate access to the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall provide Tenant with at least 24 hours’ prior notice of not constitute a forcible or unlawful entry into the Premises, which may be given orally to the entity occupying a detainer of the Premises, and Tenant shall be entitled to have or an employee eviction of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or from the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Areaany portion thereof. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord1005628.07/SF 375170-00002/11-24-16/mrm/mrm -47- 24. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured AreaIntentionally Omitted.

Appears in 1 contract

Samples: Office Lease (Warner Music Group Corp.)

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ENTRY BY LANDLORD. A. Landlord may enter or Landlord’s Representatives shall have the Premises right to inspectenter, show or clean from time to time, the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion thereof during normal business hours (or at such other times as approved by Tenant in advance, which approval shall not be unreasonably withheld or delayed, or as may be reasonably necessary in emergency situations) to (i) inspect the Premises, (ii) exercise its rights and/or obligations under this Lease, or (iii) show the Premises to prospective purchasers, lenders or prospective tenants; and Tenant shall not be entitled to any abatement or reduction of Base Rent by reason thereof, nor shall such entry or action by Landlord constitute an actual or constructive eviction or repossession, without Xxxxxxxx’s express intention to do so as expressed in writing. No such entry shall be deemed an eviction of Tenant. At any time during which Landlord or Landlord’s Representatives are on the Buildings. Except in emergencies or to provide Building servicesPremises, Landlord shall provide Tenant with reasonable prior verbal notice of entry and they shall use commercially reasonable efforts to minimize any interference not unreasonably interrupt or interfere with Tenant’s use of the Premises. Notwithstanding Premises and shall not cause any damage or injury to persons or property on the foregoing, except in emergencies or Premises and Landlord hereby acknowledges and agrees Landlord will be liable to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into for any damage to the Premises, which may be given orally to Xxxxxx’s fixtures, or Tenant’s Personal Property caused by the entity occupying gross negligence or willful misconduct of Landlord, Xxxxxxxx’s Representative or Landlord’s prospective purchasers, lenders or prospective tenants. Except in connection with the Premises, and Tenant shall be entitled to have an employee exercise of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice any rights or at such other time as may be mutually agreed upon by remedies of Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordhereunder, Landlord shall not enter (and shall direct Landlord’s Representatives to not) discuss this Lease nor Tenant’s business conducted at the Premises (unless with any on-site employees of Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, other personnel at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, includingin each case, in a manner that materially interferes with Xxxxxx’s operation at the Premises, without limitationTenant’s consent, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, in Tenant’s sole and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaabsolute discretion.

Appears in 1 contract

Samples: Lease Agreement (Citi Trends Inc)

ENTRY BY LANDLORD. Landlord Landlord, Landlord’s agents, contractors and representatives may enter the Premises to inspectinspect (or, during the last twelve (12) months of the Lease Term show or to prospective tenants) the Premises, to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsProperty, including other tenants’ premises. Notwithstanding the foregoing during the Tenant Property Management Period, Landlord’s entry will be limited to only periodic inspections to confirm performance by Tenant of its maintenance and property management obligations and, during the last 12 months only, showing the space to prospective tenants. Except in emergencies Emergencies or to provide Building servicesjanitorial and other Property services after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice a minimum of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ 48 hours prior notice of entry into the Premises, which may be given orally to the entity occupying person indicated in Section 1.8 above. If reasonably necessary for the Premisesprotection and safety of Tenant and its employees, and not during the Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by LandlordProperty Management Period, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises and/or the Premises ZYMOGENETICS 1144 EASTLAKE LEASE PAGE 18 FEBRUARY 29, 2008 to perform repairs, alterations and additions. However, except in emergenciesEmergencies, Landlord will not close the Premises or the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Any entry by Landlord temporarily closes and its agents and employees (including, but not limited to the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedyjanitorial company servicing the Premises), shall be entitled conducted in compliance with reasonable confidentiality and security measures which may be required by Tenant (including, but not limited to, an escort by one of Tenant’s employees and execution of confidentiality or nondisclosure agreements reasonably provided by Tenant) in order to receive a per diem abatement protect the confidentiality and security of Base Rent during Tenant’s business and employees, and Landlord acknowledges and accepts that Tenant considers the period beginning on the 4th consecutive Business Day of closure entire Premises as highly confidential and ending on the date on which Landlord would have access to the Premises are returned to Tenant only if escorted by one of Tenant’s employees. The reservations by Landlord in a tenantable condition. Tenant, however, this Section shall not be entitled construed to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or limit Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact obligations during Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area’s Property Management Period.

Appears in 1 contract

Samples: Office Lease Agreement (Zymogenetics Inc)

ENTRY BY LANDLORD. Landlord may enter the Premises premises, with or without Tenant’s consent, at reasonable times upon twelve (12) hours advance notice, to inspectshow said premises to the persons wishing to rent or purchase same, show to make such repairs, to apply with applicable laws and regulations or clean to inspect premises as Landlord may deem necessary. Landlord may enter without advance notice when a health or safety emergency exists, or if Tenant is absent and Landlord believes entry is necessary to protect the Premises or the building from damage. Use of Premises and Guests: Premises herein leased and every part thereof shall be used only for residential purposes only by Tenant and occupants as listed on the application and Tenant will not permit said premises to perform be used for any immoral or facilitate unlawful purpose or purpose that will injure the performance reputation of repairs, alterations same or additions to the Premises building of which they are a part. Tenant will not use or keep in or about said premises any portion article or thing which would in any way affect the validity or rate of the BuildingsStandard Fire Insurance Policy of the State of Wisconsin. Except Tenant may have guests residing temporarily in emergencies or to provide Building services, Landlord shall provide Tenant Premises if their presence does not interfere with reasonable prior verbal notice the quiet use and enjoyment of entry other tenants and shall use reasonable efforts to minimize any interference with Tenant’s use if the number of guests is not excessive for the size and facilities of the Premises. Notwithstanding the foregoingNo guest shall remain more than two weeks without written consent of Landlord. Tenant shall be liable for any property damage, except in emergencies waste, or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice neglect of entry into the Premises, building, or development in which may it is located, that is caused by the negligence or improper use by Tenant or Tenant’s guests and invitees. Where applicable, Tenant agrees to keep the patio or balconies free and clear of all trash and litter, bicycles and motorcycles. Patios and balconies are not to be given orally used as storage areas and only regular patio furniture is allowed. Tenant agrees not to not hang clothes lines, clothes, rugs, wind chimes, bird feeders or any other items from balconies and patios. Tenant shall not be permitted to hold rummage and/or furniture sales, have live Christmas trees or wreaths in the entity occupying apartment at any time, allow garbage, newspapers, or refuse to accumulate in the Premisesapartment and/or public halls, outside the apartment door or on the patio or balcony which would result in unpleasant odors, create a fire hazard, or attract vermin. Maintenance: Tenant shall keep premises in as good repair as same are at commencement of said term, normal use and wear excepted and Tenant shall be entitled to have an employee responsible for all acts of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested negligence by Tenant and would their guests and servants that result in harm other than personal injury, and for all personal injury caused by the negligence of Tenant and Tenant 's agents and servants which occur that are within the control of the Tenant. Tenant shall keep the glass and screens in the windows and storms clean and will replace broken glass and screens if not otherwise be performed caused by windstorm or provided by Landlord, Landlord natural causes. Tenant shall not enter the Premises (unless paint upon, attach, exhibit or display in or about said premises any signs or placards, without written consent. Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction alter or entitle Tenant redecorate said premises without prior written consent of Landlord. All alterations to an abatement or reduction premises shall remain for the benefit of Rentlandlord unless otherwise provided in said consent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, Nothing whatsoever shall be entitled attached or affixed either to receive a per diem abatement the exterior of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenantsaid building or any part thereof, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts whether permanent or omissions of Tenant, its agents, employees or contractors, includingotherwise, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% written consent of the Rentable Area in the PremisesLandlord. Tenant need not furnish Landlord with may hang a keyreasonable number of reasonably sized wall decorations, but upon such as pictures, provided that no adhesive fasteners are used on drywall surfaces and only small nail fasteners are used on plaster surface. During severe or prolonged cold weather, in order to eliminate the Termination Date or earlier expiration or termination possibility of the Lease or Tenant’s right to possessionfrozen heating pipes, Tenant shall surrender all such keys to Landlordif your apartment has a individually controlled thermostat, DO NOT TURN THE THERMOSTAT BELOW 70EVEN WHEN YOU ARE NOT IN THE APARTMENT. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such accessDO NOT LEAVE WINDOWS OPEN. Landlord shall comply with all reasonable security measures pertaining Damage done to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building apartment or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access neighboring apartments resulting from this will be charged to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured AreaTenant.

Appears in 1 contract

Samples: Wellston Apartments Lease

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Buildings, including other tenants' premises. Entry to the Premises for purposes of showing the Premises to prospective tenants shall be limited to the last twelve (12) months of the Lease term. Except in emergencies or to provide janitorial and other Building servicesservices after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the PremisesPremises (except in case of emergency), which may be given orally to the entity occupying the Premisesorally, but which also must be given in writing at least twenty four (24) hours in advance, and if Tenant shall be entitled to have an employee so requires, with a representative of Tenant accompany the person(s) entering the Premisespresent. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is If reasonably necessary for the purpose protection and safety of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordits employees, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Notwithstanding the foregoing, if Landlord temporarily closes the Premises as provided above for a period in excess of 3 three (3) consecutive Business Daysdays, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent Rental during the period beginning on the 4th fourth (4th) consecutive Business Day day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com Inc)

ENTRY BY LANDLORD. 21.01 Landlord may enter the Premises at all reasonable times to: inspect the same; exhibit the same to inspectprospective purchasers, show Mortgagees or clean tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Notwithstanding anything to the contrary set forth above, Tenant has designated certain areas of the Premises as “Secured Areas” as shown and depicted on Exhibit I. Landlord may not enter such Secured Areas except in the case of an emergency or to perform in the event of a Landlord inspection or facilitate the performance of repairsrepair, alterations or additions to the Premises or any portion of the Buildings. Except in emergencies or to provide Building services, which case Landlord shall provide Tenant with reasonable two (2) days prior verbal written notice (except in the event of entry an emergency in which no notice shall be required) of the specific date and time of such Landlord inspection or repair and shall use reasonable efforts to minimize be accompanied by a representative of Tenant. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with with, Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry, except to the extent caused by the sole negligence or willful misconduct of Landlord or its employees, contractors or agents. Landlord shall at all times have and retain a key or key card with which to unlock all of the doors in, on or about the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the right to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from any part of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, Such entry by Landlord shall not constitute act as a constructive eviction or entitle Tenant to an abatement or reduction termination of RentTenant’s duties under this Lease. If Landlord temporarily closes the Premises as shall be required to obtain entry by means other than a key or key card provided above for a period in excess of 3 consecutive Business Days, by Tenant, as its sole remedy, the cost of such entry shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by payable by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaadditional rent.

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

ENTRY BY LANDLORD. Upon not less than one (1) business day’s prior notice to Tenant (except in case of emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord may and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to inspect, show Tenant for any loss of occupation or clean quiet enjoyment of the Premises or to perform or facilitate thereby occasioned, for the performance of following purposes: (i) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any portion obligations of Landlord under the Buildings. Except in emergencies Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or to provide Building servicesrepair thereof, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize as required or permitted by any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premiseslaw, and Tenant shall be entitled to have an employee of Tenant accompany the person(s(vi) entering the Premises. Ifplacing “For Sale” signs, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord -50- and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of showing the Premises to perform repairsLandlord’s existing or potential successors, alterations purchasers and additionslenders. HoweverTenant shall permit Landlord and Landlord’s agents, except at any time during the Lease Term that Tenant is in emergenciesdefault under this Lease beyond applicable notice and cure periods granted in this Lease, Landlord will not close to place upon the Premises if “For Lease” signs, and at any time within nine (9) months prior to the work can reasonably be completed on weekends Expiration Date, or at any time during the Lease Term that Tenant is in default under this Lease beyond applicable notice and after Building Service Hours. Except as specifically provided otherwise cure periods granted in this Section 10Lease, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes exhibit the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure leasing real estate brokers and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, prospective tenants at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areahours.

Appears in 1 contract

Samples: ServiceNow, Inc.

ENTRY BY LANDLORD. Landlord may enter the Premises at reasonable hours with notice to inspect, show or clean Tenant to (a) inspect the Premises; (b) exhibit the Premises to prospective purchasers, lenders, or tenants; (c) determine whether Tenant is complying with all obligations under this Lease; (d) and 24 hour notice to Tenant to supply janitorial service and any other services to be provided by Landlord under this Lease; (e) post notices of nonresponsibility; and (f) make repairs or perform maintenance required of Landlord by this Lease, make repairs to any adjoining space or facilitate the performance of utility services, or make repairs, alterations alterations, or additions improvements to any other portion of the Building. However, all this work shall be done as promptly as reasonably possible and cause as little interference to Tenant as reasonably possible. Subject to Landlord’s undertakings in the previous sentence, Tenant waives any damage claims for inconvenience to or interference with Tenant’s business or loss of occupancy or quiet enjoyment of the Premises caused by Landlord’s entry. At all times Landlord shall have a key with which to unlock the doors on the Premises, excluding Tenant’s vaults, safes, and similar areas designated as secure areas in writing by Tenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord deems proper to open Tenant’s doors and enter the Premises. Entry to the Premises by Landlord in an emergency shall not be construed as a forcible or any portion unlawful entry, a detainer, or an actual or constructive eviction of Tenant. Notwithstanding the Buildings. Except in emergencies or to provide Building servicesforegoing, Landlord shall provide Tenant with reasonable 24 hours notice prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of entering the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice the event of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Sectionemergency, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all providing such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areanotice.

Appears in 1 contract

Samples: Office Lease (Digital Music Group, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times, upon reasonable notice to the Tenant, and in compliance with all other terms of this Lease, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or during the last six (6) months of the initial Lease Term (or Option Term, as applicable), to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to inspect(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 herein) and may take such reasonable steps as required to accomplish the stated purposes; provided, show however, that any such entry shall be accomplished after business hours, as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for any injuries or clean 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 to perform unlawful entry into, or facilitate a detainer of, the performance Premises, or an actual or constructive eviction of repairs, alterations or additions to the Premises or Tenant from any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

ENTRY BY LANDLORD. Landlord may may, at any and all reasonable times and upon reasonable prior notice (provided that no advance notice need be given if an emergency [as determined by Landlord in its good faith judgment] necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises to inspect(a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show or clean the Premises to prospective lenders or purchasers, or during the final fifteen (15) months of the Lease term, to perform prospective tenants, (d) post notices of non-responsibility, and (e) alter, improve or facilitate the performance of repairs, alterations or additions to repair the Premises or any other portion of the BuildingsReal Property. Except in emergencies In connection with any such alteration, improvement or to provide Building servicesrepair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall provide such entry or work entitle Tenant with reasonable prior verbal notice to an abatement of entry and rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use reasonable good faith efforts to minimize cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible and shall, in any interference event, perform any extraordinarily noisy or disruptive work after Business Hours or on weekends to the extent such procedures would be generally followed by operators of comparable buildings in downtown Oakland (except to the extent an emergency and/or Legal Requirements require otherwise, as determined by Landlord in good faith). Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant’s use of secure rooms or closets, vaults and safes. If an emergency necessitates immediate access to the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building servicesPremises (including any secure areas), Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall provide Tenant with at least 24 hours’ prior notice of not constitute a forcible or unlawful entry into the Premises, which may be given orally to the entity occupying a detainer of the Premises, and Tenant shall be entitled to have or an employee eviction of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or from the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaportion thereof.

Appears in 1 contract

Samples: Office Lease (Cra International, Inc.)

ENTRY BY LANDLORD. Landlord A. Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding, including other tenants' premises. Except in emergencies or to provide janitorial and other Building servicesservices after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying office manager or other person within the Premises, Premises designated from time to time by Tenant. If reasonably necessary for the protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordits employees, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Notwithstanding the foregoing, if Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Daysdays, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. In addition to the foregoing, if Landlord closes the Premises for 90 consecutive day(s) pursuant to this Section (and such closure is not due to a casualty, in which case Article XVII shall control with respect to such matter) and such repairs necessitating such closure are not being diligently pursued by Landlord, Tenant, as its sole remedy, shall have the right to elect to terminate this Lease within 10 days after the expiration of said 90 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or restoration of the Premises, Tenant shall not be entitled to terminate the Lease but rather Tenant's sole remedy shall be to abatx Xxxt as provided above. Tenant, however, shall not be entitled to an abatement or the termination right under this Section if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease Agreement (Nova Corp \Ga\)

ENTRY BY LANDLORD. Tenant shall permit Landlord may or Landlord’s agents, representatives, or employees to enter upon the Premises at any time in the event of an emergency and at reasonable times, and upon having given Tenant reasonable advance notice, (a) to inspect the Premises, to determine whether Tenant is in compliance with the terms of this Lease; (b) to show the Premises to inspectprospective purchasers, show Tenants, mortgagees, beneficiaries under trust deeds, or clean insurers (but as to prospective Tenants only during the last seven (7) months of the Term), and (c) to make repairs, improvements, additions and alterations thereto, as Landlord is permitted to make according to the terms of the Lease. Any inspections of the Premises or pursuant to perform or facilitate this subsection shall be at Landlord’s cost and expense; provided, however, in the performance of repairs, alterations or additions to event it is determined by Landlord that an environmental study should be conducted on the Premises or any portion and said environmental study determines that Tenant has not complied with all then existing Environmental Laws, Tenant shall reimburse Landlord for the cost of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice study within fifteen (15) days after receipt of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of an invoice setting forth the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premisescost, and Tenant shall be entitled promptly take all action necessary, at Tenant’s sole expense, to have an employee of remedy any noncompliance by Tenant accompany the person(sdiscovered by such study in accordance with subsection (g) hereinabove. When entering or performing any repair or other work in the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks and/or contractors (a) shall identify themselves to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed personnel immediately upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or entering the Premises, includingand (b) shall not, without limitationin any way, a suspected fire materially or floodunreasonably affect, requires Landlord to gain interrupt or interfere with Tenant’s use, business or operations on the Premises or unreasonably obstruct the visibility of or access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured AreaPremises.

Appears in 1 contract

Samples: Lease Agreement (American International Holdings Corp.)

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect or show the Premises, show or to clean the Premises or to perform or facilitate the performance of and make repairs, alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the BuildingsBuilding, including other tenants’ premises. However, provided there is no uncured event of default under this Lease, any exhibition of the Premises to prospective tenants prior to the last 12 months of the Term shall be subject to Tenant’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. If Landlord’s entry into the Premises is for the purpose of conducting or facilitating repairs, alterations or additions to other tenants’ premises and does not constitute an emergency, then Landlord shall use commercially reasonable efforts to perform such repairs after Normal Business Hours unless Tenant grants permission to Landlord to perform such repairs during Normal Business Hours. Landlord shall use commercially reasonable efforts in connection with any such entry (except in the event of an emergency) to minimize any interference with the operations and normal office routine of Tenant. Except in emergencies or to provide janitorial and other Building servicesservices after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ 24-hour prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premisesorally. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions, if reasonably necessary for the protection and safety of Tenant and its employees. However, except Except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Normal Business Hours; provided, however, that Landlord is not required to conduct work on weekends or after Normal Business Hours if such work can be conducted without closing the Premises. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord for any such purposes shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease (GameFly Inc.)

ENTRY BY LANDLORD. Provided that the exercise of such rights does not unreasonably interfere with Tenant’s occupancy of the Premises, Landlord may shall have the following rights Landlord and its agents and representatives shall have the right to enter into and upon any and all parts of the Premises (after giving Tenant reasonable notice thereof by telephone, except in cases of emergency, in which case no notice shall be required, but Landlord shall attempt to provide notice to Tenant’s designated emergency contact) at all reasonable hours (or, in any emergency, at any hour), and a representative of Tenant shall accompany such party during such entry; provided, if a representative of Tenant is not present at the Premises to inspectaccompany Landlord within one (1) hour after the scheduled entry time, show then Landlord shall reschedule such entry (except in the event of an emergency, in which case, before entering the Premises, Landlord shall wait for a representative of Tenant as long as is practicable under the circumstances after providing notice to Tenant’s emergency contact as set forth above, to inspect same), to clean or clean the Premises make repairs or to perform or facilitate the performance of repairs, alterations or additions as Landlord may deem necessary, and to obtain access to mechanical rooms and other Building facilities (including, without limitation, the roof if the Premises or any portion includes the top floor of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, Building); and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an any abatement if or reduction of rent by reason thereof. During the repairsperiod of 180 days prior to the expiration date of this Lease, alterations and/or additions Landlord and Landlord’s agents may exhibit the Premises to be performed are required as a result of prospective tenants at reasonable hours and upon prior notice to Tenant by telephone. The following areas in the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. TenantPremises may, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possessionelection, Tenant be locked with keys that are not in Landlord’s master system, although one duplicate key shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred be kept by Landlord in repairing or reconstructing any entranceits off-site management office: CEO’s office - 6th Floor, corridorCFO’s office - 6th Floor, door or other portions V.P. of the Premises damaged as a result Finance’s office - 6th Floor, Payroll office - 6th Floor, Human Resource offices - 3rd floor (this consists of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area1 file room and 5 offices).

Appears in 1 contract

Samples: Lease Agreement (Monitronics International Inc)

ENTRY BY LANDLORD. Landlord may enter the Premises at all reasonable times to: inspect the same; exhibit the same to inspectprospective purchasers, show lenders or clean the Premises tenants; determine whether Tenant is complying with all of its obligations under this Lease; perform any of its obligations under this Lease; supply any services that are to be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to perform the Project or facilitate the performance Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to, or interference with, Tenant's business, any loss of repairs, alterations occupancy or additions to quiet enjoyment of the Premises or any portion other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the Buildings. Except doors in, on or about the Premises (excluding Tenant's vaults, safes and similar areas designated by Tenant in emergencies or to provide Building serviceswriting in advance), and Landlord shall provide have the right to usc any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize from any interference with Tenant’s use part of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, Such entry by Landlord shall not constitute act as a constructive eviction or entitle Tenant to an abatement or reduction termination of RentTenant's duties under this Lease. If Landlord temporarily closes the Premises as shall be required to obtain entry by means other than a key provided above for a period in excess of 3 consecutive Business Days, by Tenant, as its sole remedy, the cost of such entry shall be entitled payable by Tenant to receive a per diem abatement Landlord as Additional Rent. [DBL:dbllMaguire Properties - SDTC - YoNaturals Lease/1064.002] -22- ( ARTICLE 24 LANDLORD'S LEASE UNDERTAKINGS-EXCULPATION FROM PERSONAL LIABILITY TRANSFER OF LANDLORD'S INTEREST 24, I Landlord's Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, riders or addenda hereto attached (collectively the "Lease Documents"), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Base Rent during Tenant or its successors or assigns against Landlord (and the period beginning on the 4th consecutive Business Day liability of closure and ending on the date on which the Premises are returned Landlord to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agentssuccessors and assigns) with respect to (i) any actual or alleged breach or breaches by Or on the part of Landlord of any representation, employees warranty, covenant, undertaking or contractors, including, without limitation, a Default by Tenant agreement contained in its maintenance and repair obligations under any of the Lease. Lease Documents 01' (ii) any matter relating to Tenant, at its own expense, may provide its own locks to an area within 's occupancy of the Premises (“Secured Area”collectively, "Landlord's Lease Undertakings") containing no more than 5% shall be limited to solely an amount equal to the lesser of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys (x) only to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency 's interest in the Building or and (y) the Premises, including, without limitation, a suspected fire or flood, requires equity interest Landlord would have in the Building if the Building were encumbered by independent secured financing equal to gain access to eighty percent (80%) of the Secured Area, value of the Building; (b) Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no recourse against any other assets of Landlord or its officers, directors or shareholders; (c) except to the extent of Landlord's interest in the Building, no personal liability whatsoever to Tenant or personal responsibility of any sort with respect to such entrance by any of Landlord's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, Xxxxxxx Properties Holdings II, LLC, Xxxxxxx Properties Holdings I, LLC, Xxxxxxx Properties, L.P" Xxxxxxx Properties, Inc., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives, and (d) at no time shall Landlord be responsible or liable to Tenant shall pay all reasonable expenses incurred for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area's Lease Undertakings.

Appears in 1 contract

Samples: Office Lease (Fresh Healthy Vending International, Inc.)

ENTRY BY LANDLORD. Landlord may and its agents or representatives shall have the right to enter the Premises to inspectinspect the same, or to show or clean the Premises to prospective purchasers, mortgagees, tenants or insurers, or to perform clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for the safety, protection or preservation of the Building or any occupants thereof, or to facilitate the performance of repairs, alterations or additions to the Premises Building or any portion of the Buildingsother tenants' premises. Except for any entry by Landlord in emergencies an emergency situation or to provide Building servicesnormal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which notice may be given orally to verbally. If reasonably necessary for the entity occupying the Premises, protection and Tenant shall be entitled to have an employee safety of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordits employees, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additionsor additions in the Premises. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord hereunder shall not constitute a constructive eviction or entitle Tenant to an any abatement or reduction of RentRent by reason thereof. If Notwithstanding anything to the contrary contained herein, Landlord temporarily closes shall perform any entry into the Premises in a manner that is reasonably designed to minimize any interference with Tenant's access to or use of the Premises. In the event the making of any such repair, alteration, improvement or addition shall cause the Premises to be inaccessible or unusable by Tenant, as provided above determined in Tenant's reasonable judgment, for a period in excess of 3 consecutive Business Daysten (10) days, Tenant, as its sole remedy, then Base Rental and Additional Base Rental payable under the Lease shall be entitled to receive a per diem abatement of Base Rent xxxxx during the period beginning on the 4th consecutive Business Day of closure eleventh (11th) day that the Premises are inaccessible or unusable and ending on the date on which the Premises are returned to Tenant in a tenantable condition. once again accessible and usable by Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Office Lease Agreement (First Capital Income Properties LTD Series Xi)

ENTRY BY LANDLORD. Landlord may and its agents or representatives shall have the right to enter the Premises to inspectinspect the same, or to show or clean the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months of the Lease Term or earlier in connection with a potential relocation) or insurers, or to perform clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for the safety, protection or preservation of the Building or any occupants thereof, or to facilitate the performance of repairs, alterations or additions to the Premises Building or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premisesother tenants' premises. Notwithstanding the foregoing, except in emergencies emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts (1) not to unreasonably interfere with the conduct of the business of Tenant on the Premises and (2) if entry during Normal Business Hours would unreasonably interfere with Tenant's business, to affect such entry during hours other than Normal Business Hours, unless such entry is necessitated by the acts or omissions of Tenant or the performance of Landlord's obligations hereunder and, by performing work during non-business hours, Landlord would be required to have building personnel remain in the Building after normal working hours or to pay its contractors overtime. Except for any entry by Landlord in an emergency situation or to provide Building servicesnormal cleaning and janitorial service, Landlord shall provide Tenant with at least not less than 24 hours’ hour prior notice to Tenant's Vice President of entry into the PremisesHuman Resources, which may be given orally to the entity occupying the Premisesif available, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in or such notice or at such other time shorter period as may be mutually verbally agreed upon to by Landlord and Tenant, then (i) if the entry is Tenant or its representative on a case by case basis. If reasonably necessary for the purpose protection and safety of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlordits employees, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. Howeveror additions in the Premises, except in emergencies, provided that Landlord will not close the Premises if the shall use reasonable efforts to perform all such work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10Notwithstanding the foregoing, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If if Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Daysabove, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent and Additional Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to such temporary closure, provided that Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts (1) anything done by Tenant, its agents, employees or omissions contractors; (2) any activities of Tenant, its agents, employees or contractorscontractors in, includingon or about the Premises; (3) the use of the Premises by Tenant, without limitation, or (4) a Default default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred Entry by Landlord in repairing hereunder shall not constitute a constructive eviction or reconstructing entitle Tenant to any entrance, corridor, door abatement or other portions reduction of the Premises damaged as a result of a forcible entry Rent by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areareason thereof.

Appears in 1 contract

Samples: Office Lease Agreement (First Capital Insured Real Estate Limited Partnership)

ENTRY BY LANDLORD. Landlord may and its agents shall have the right ----------------- to enter the Leased Premises at all reasonable times upon reasonable notice under the circumstances for the purpose of examining or inspecting the same, to inspectsupply janitorial services and any other services to be provided by Landlord or Tenant hereafter, show or clean the Premises or to perform or facilitate the performance of and make such alterations, repairs, alterations improvements or additions to the Leased Premises or any portion to the Building of which they are a part as Landlord may deem necessary or desirable. Tenant shall permit Landlord to show the Buildings. Except in emergencies Leased Premises to prospective tenants and place "For Lease" signs in, on or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference about the Leased Premises or the Property as will not reasonably interfere with Tenant’s 's use of the Leased Premises, but only within the six (6) months prior to the anticipated termination date of this Lease. Tenant shall permit Landlord to show the Leased Premises to prospective purchasers and place "For Sale" signs on the Leased Premises or in such locations as will not reasonably interfere with Tenant's use of the Leased Premises. Notwithstanding the foregoing, except in emergencies or If Tenant shall not be personally present to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of open and permit any entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Leased Premises at the any time indicated in when such notice or at such other time as may be mutually agreed upon entry by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Sectionnecessary, Landlord may enter by means of a master key without liability to Tenant, except for Landlord's negligence or willful misconduct, and without affecting this Lease. If, during the Premises. If reasonably necessarylast month of the term or extension thereof, Tenant shall have removed substantially all of its property therefrom, Landlord may temporarily close all or a portion of the Premises to perform repairsimmediately, alterations and additions. Howeverwith Tenant's written approval, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled unreasonably withheld, conditioned or delayed, enter and alter, renovate and redecorate the Leased Premises without elimination or abatement of rent or incurring liability to an abatement if Tenant for any compensation. Landlord's access shall be subject to any security restrictions imposed on the repairs, alterations and/or additions Tenant by any contracts with the United States of America to be performed are required as a result of which Tenant is party and under which Tenant is working on the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the PremisesProperty. Tenant need not furnish shall give notice to Landlord of such restrictions simultaneously with a key, but upon the Termination Date or earlier expiration or termination execution of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areathis Lease.

Appears in 1 contract

Samples: Assignment (Optika Imaging Systems Inc)

ENTRY BY LANDLORD. Upon not less than twenty four (24) hours’ prior notice to Tenant (except in case of emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord may and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to inspect, show Tenant for any loss of occupation or clean quiet enjoyment of the Premises or to perform or facilitate thereby occasioned, for the performance of following purposes: (i) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises that are allowed or that are Landlord’s responsibility under this Lease; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any portion obligations of Landlord under the BuildingsLease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or repair thereof, as required or permitted by any Law, and (vi) placing “For Sale” signs, and showing the Premises to Landlord’s existing or potential successors, purchasers and lenders. Except in emergencies or to provide Building servicesTenant shall permit Landlord and Landlord’s agents, Landlord shall provide Tenant with reasonable at any time within twelve (12) months prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying Expiration Date (or at any time during the PremisesLease Term that Tenant is in default hereunder beyond any applicable notice and cure period expressly set forth in this Lease), to place upon the Premises “For Lease” signs, and Tenant shall be entitled exhibit the Premises to have an employee of Tenant accompany the person(s) entering the Premisesreal estate brokers and prospective tenants at reasonable hours. If, however, At any time when Tenant does not make an employee available rent all rentable space in the Premises Project, and at any time within twelve (12) months prior to the time indicated in such notice Expiration Date (or at such other any time as may be mutually agreed upon by Landlord during the Lease Term that Tenant is in default hereunder beyond any applicable notice and Tenant, then (icure period expressly set forth in this Lease ) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close does rent all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area rentable space in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such eventProject, Landlord shall have no liability whatsoever the right to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of place “For Lease” signs within the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured exterior Common Area.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

ENTRY BY LANDLORD. Landlord may and its agents or representatives shall have the right to enter the Premises with reasonable prior notice (and in emergencies at all times, without prior notice, by any means Landlord may deem appropriate, and without liability therefor) to inspectinspect the same, or to show or clean the Premises to prospective purchasers, mortgagees, tenants or insurers, or to perform clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for the safety, protection or preservation of the Building or any occupants thereof, or to facilitate the performance of repairs, alterations or additions to the Premises Building or any portion other tenants premises, if reasonably necessary for the protection and safety of the Buildings. Except in emergencies or to provide Building servicesTenant and its employees, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts have the right to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. Howeveror additions in the Premises, except in emergencies, provided that Landlord will not close the Premises if the shall use reasonable efforts to perform all such work can reasonably be completed on weekends and after Building Service Normal Business Hours. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord hereunder shall not constitute a constructive eviction or entitle Tenant to an any abatement or reduction of RentRent by reason thereof. If Notwithstanding the foregoing, Landlord temporarily closes and its agents and representatives shall not have to provide Tenant with prior notice to perform janitor and cleaning service in the Premises as provided above for a period in excess of 3 consecutive before or after Normal Business DaysHours. Notwithstanding the foregoing, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenantmay, at its own expense, may provide its own locks to an area within the Premises ("Secured Area”) containing no more than 5% of the Rentable Area in the Premises"). Tenant need not furnish Landlord with a key, key but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Expiration Date. Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, Tenant and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such accessdo so. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.

Appears in 1 contract

Samples: Sublease Agreement (Ritz Interactive, Inc.)

ENTRY BY LANDLORD. Landlord and the Landlord Related Parties may enter the Premises to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the BuildingsBuilding or to perform any of its obligations or exercise any of its rights under this Lease. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and and/or after Building Service HoursHours on Business Days. Except as specifically provided otherwise in this Section 10, entry Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes Tenant may, upon not less than ten (10) days' prior written notice to Landlord, reasonably establish a reasonable number of secured areas within the Premises as provided above for a period in excess of 3 consecutive Business DaysPremises, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled generally accessible to an abatement if Landlord (collectively, the repairs, alterations and/or additions "Secured Area"). Landlord shall have no obligation to provide janitorial or cleaning services to the Secured Area and Tenant shall cause such Secured Area to be performed are required as maintained in a result of the acts or omissions of neat and clean manner at Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance 's sole cost and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situationsituation (e.g., to perform a repair for which Landlord needs access to the Premises), Landlord shall contact TenantTenant in writing or orally, and Landlord and Tenant Tenant, both acting reasonably and in good faith, shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area, no less than twenty-four hours thereafter. If Landlord determines in its sole reasonable discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire Premises involving the health or flood, safety of persons or the damage to property requires Landlord to gain access to the a Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions portion of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areasuch forced entry.

Appears in 1 contract

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

ENTRY BY LANDLORD. Tenant shall permit Landlord may and its agents, after reasonable notice (except in the case of emergencies in which case no notice is required), to enter the Premises (other than the Manufacturing Facility Clean Room, as hereinafter defined, as provided in the immediately succeeding sentence) at all reasonable hours for the purpose of inspecting, testing, or of making repairs to inspectthe same, or otherwise carrying out Landlord's rights or obligations under this Lease, and to show or clean the Premises to prospective tenants during the year preceding expiration of the Term and to prospective purchasers and mortgagees at all reasonable times. In case of emergency, or if Landlord reasonably suspects that there is any violation of law, rule, ordinance or regulation in connection with the Manufacturing Facility Clean Room, as hereinafter defined, or the use and/or operation thereof, Tenant shall permit Landlord and its agents to perform or facilitate enter the performance of repairs, alterations or additions Manufacturing Facility Clean Room without prior notice after taking reasonable precautions (if appropriate under the circumstances) requested by. Tenant. In the event Landlord requires access to the Premises Manufacturing Facility Clean Room, as hereinafter defined, for the purpose of making repairs which Landlord is required or any portion permitted to make under the terms and conditions of this Lease, Tenant shall permit Landlord and its agents, after 72 hours advance written notice, to enter the BuildingsManufacturing Facility Clean Room after taking all reasonable precautions which Tenant may require. Except in emergencies or The phrase Manufacturing Facility Clean Room. shall mean the 25' x 40' class 1.00 clean room facility to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use be located on the second floor of the Premises. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents entering the Premises (including the Manufacturing Facility Clean Room) for any purposes authorized in this Lease. Notwithstanding Landlord's right to enter the foregoing, except in emergencies Premises or other rights reserved by Landlord pursuant to provide Building servicesany other provision of this Lease, Landlord shall provide Tenant with hereby covenants and agrees in the exercise of any such rights not to disclose, photograph or otherwise reveal to any party information related to Tenant's business operation at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premisesincluding in particular Tenant's manufacturing processes, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. Ifprovided, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, that Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all disclose any such information to its counsel and as directed by a court of competent jurisdiction or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areasubpoena.

Appears in 1 contract

Samples: Sublease Agreement (Altus Pharmaceuticals Inc.)

ENTRY BY LANDLORD. Landlord may and its agents or representatives shall have the right (after 24 hours prior notice except in an emergency where Landlord shall give Tenant notice reasonable under the circumstances and except that notice shall not be required with respect to the furnishing of janitorial and cleaning service) to enter the Premises to inspectinspect the same, or to show or clean the Premises to prospective purchasers, mortgagees, tenants or insurers, or to perform clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for the safety, protection or preservation of the Building or any occupants thereof, or to facilitate the performance of repairs, alterations or additions to the Premises Building or any portion of the Buildings. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premisesother tenants premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenantmay, at its own expense, may provide its own locks to an area within the Premises ("Secured Area”) containing no more than 5% of the Rentable Area in the Premises"). Tenant need not furnish Landlord with a key, key but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possessionDate, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, Tenant and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such accessdo so. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by LandlordTenant, and Tenant shall pay all reasonable expenses incurred by Landlord in In repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close the Premises to perform repairs, alterations or additions in the Premises, provided that, except in the event of an emergency and to the extent possible based upon the nature of the work to be performed, Landlord shall perform all such work on weekends and after Normal Business Hours. Entry by Landlord in accordance with this Article XII shall not constitute a constructive eviction or entitle Tenant to any abatement or reduction of Rent by reason thereof.

Appears in 1 contract

Samples: Office Lease Agreement (Phoenix International Life Sciences Inc)

ENTRY BY LANDLORD. Landlord may enter the Premises at ------------------ reasonable hours upon prior telephonic notice to inspectthe Chief Financial Officer at (000) 000-0000 or other notice in accordance with Paragraph 3.4 (except in the case of an emergency) to (a) inspect the same; (b) exhibit the same to prospective purchasers, show lenders or clean tenants, provided, however, that Landlord shall only exhibit the Premises to prospective tenants during the final ninety (90) days of Tenant's occupancy of the Premises; (c) make repairs or perform maintenance required of Landlord under the terms hereof or repairs to perform any adjoining space or facilitate the performance of utility services or make repairs, alterations or additions improvements to the Premises or any other portion of the Buildings. Except in emergencies or Building; (d) supply janitor service and any other service to provide Building servicesbe provided by Landlord to Tenant under this Lease; and (e) post notices of non-responsibility, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. Ifprovided, however, Tenant does not make an employee available in the Premises at the time indicated in that all such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled done as promptly as reasonably practical and so as to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned cause as little interference to Tenant in a tenantable conditionas reasonably practical. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to duty beyond dialing the telephone number listed above (and leaving a voicemail message if such entrance by Landlord, a service answers the call) and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service take any further action if there is no answer at the telephone number listed above or cleaning if such number (or voicemail service) is not functioning properly, or to confirm that Tenant's chief financial officer or any other person may be reached at such telephone number. Tenant hereby waives any claim for damages for any inconvenience to or interference with Tenant's business or any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance); and Landlord shall have the Secured Arearight to use any and all means which Landlord may deem proper to open Tenant's doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord in an emergency shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or construction, of Tenant from the Premises or any portion thereof and Landlord shall have liability to Tenant as a result thereof.

Appears in 1 contract

Samples: Office Lease (Walker Interactive Systems Inc)

ENTRY BY LANDLORD. Landlord may reserves the right at all reasonable times and upon not less than twenty-four (24) hours’ notice to Tenant (except in the case of an emergency) to enter the Premises to inspect(i) inspect them; (ii) show the Premises to prospective purchasers, show or clean to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) repair the Premises or to perform the Building, or facilitate the performance of repairs, alterations or additions for structural repairs to the Building or the Building’s systems and equipment as provided under the Lease. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In 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 BuildingsPremises. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use commercially reasonable efforts to minimize any interference with Tenant’s use of or access to the PremisesPremises in connection with any such entry, and shall comply with Tenant’s reasonable security measures. Landlord shall hold confidential any information regarding Tenant’s business that it may learn as a result of such entry. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally anything to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, howevercontrary set forth in this Article 27, Tenant does not make an employee available may designate in writing certain reasonable areas of the Premises at the time indicated in as “Secured Areas” should Tenant require such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is areas for the purpose of performing work securing certain valuable property or providing services confidential information; provided, that the Secure Area does not block access to base building systems or other areas of the Building to which have been requested by Tenant and would not otherwise be performed or provided by LandlordLandlord requires regular access. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the Premises event of an emergency. Landlord shall only maintain or repair such secured areas to the extent (unless Tenant otherwise agrees), but i) such repair or maintenance is required in order to maintain and repair the base Building; (ii) if the entry is for another purpose permitted as required by this SectionApplicable Law, Landlord may enter the Premises. If or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry designated by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys subject to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all ’s reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaapproval.

Appears in 1 contract

Samples: Lease (Annexon, Inc.)

ENTRY BY LANDLORD. Landlord may enter the Premises to inspect, show or clean at reasonable hours upon twenty-four (24) hours prior notice (except (i) in the Premises or to perform or facilitate the performance event of repairs, alterations or additions to the Premises or any portion of the Buildings. Except in emergencies emergency or to provide Building servicesservices pursuant to subsection (d) below in which case no notice shall be necessary or (ii) only eight (8)hours prior notice shall be required with respect to exhibiting the Premises to prospective tenants during the last seven (7) months of the Term; provided, Landlord shall provide however, that Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize cooperate with Landlord in the event Landlord provides fewer than eight (8) hours notice) to: (a) inspect the same; (b) exhibit the same to prospective purchasers, lenders or tenants; (c) determine whether Tenant is complying with all of Tenant's obligations hereunder; (d) supply janitor service and any other service to be provided by Landlord to Tenant hereunder, (e) post notice of non-responsibility; and (f) make repairs required of Landlord under the terms hereof or repairs to any adjoining space or utility service or make repairs, alterations or improvements to any other portion of the Building, provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s 's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about Premises (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance) and Landlord shall have the right to use of any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of Any entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon obtained by Landlord and Tenantby any of said means, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, howeverotherwise, shall not be entitled to an abatement if the repairs, alterations and/or additions construed or deemed to be performed are required as a result forcible or unlawful entry into or a detainer of the acts Premises or omissions an eviction, actual or constructive, of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or from the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areaportion thereof.

Appears in 1 contract

Samples: Office Space Lease (Concentric Network Corp)

ENTRY BY LANDLORD. Landlord Landlord, its agents, contractors and representatives may enter the Premises to inspectinspect or show the Premises, show or to clean and make repairs to the Premises or Premises, and with Tenant’s consent, not to perform be unreasonably withheld, to conduct or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the BuildingsBuilding, including other tenants’ premises. Except in emergencies or to provide janitorial and other Building servicesservices after Normal Business Hours, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premisesorally. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter have the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may right to temporarily close all or a portion of the Premises Project (including the Premises) to perform repairs, alterations and additions, if reasonably necessary for the protection and safety of Tenant and its employees. However, except Except in emergencies, Landlord will not close the Premises Project (including the Premises) if the work can reasonably be completed on weekends and after Building Service Normal Business Hours; provided, however, Landlord is not required to conduct work on weekends or after Normal Business Hours if such work can be conducted without closing the Project (including the Premises). Except as specifically provided otherwise in this Section 10, entry Entry by Landlord for any such purposes shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of RentRent (except as expressly provided in Section 7.B above). If Landlord temporarily closes Tenant may reasonably designate a certain reasonable number of areas within the Premises as provided above “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Tenant shall deliver to Landlord a period in excess diagram of 3 consecutive Business Daysthe Premises, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during depicting the period beginning on the 4th consecutive Business Day of closure and ending on the date on proposed Secured Areas for Landlord’s approval (which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall approval will not be entitled to an abatement if the repairsunreasonably withheld, alterations and/or additions to be performed are required as a result of the acts conditioned or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Leasedelayed). Tenant, at its own expense, Landlord may provide its own locks to an area within the Premises (“not enter such Secured Area”) containing no more than 5% of the Rentable Area Areas except in the Premises. Tenant need not furnish case of an emergency or in the event of a Landlord with a keyinspection, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, which case Landlord shall contact Tenant, and Landlord and provide Tenant shall arrange a mutually agreed upon time for Landlord to have such accesswith at least forty-eight (48) hours prior written notice. Landlord shall comply with all reasonable security measures pertaining to not show the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building Area to a prospective lender, purchaser or the Premisesprospective tenant without forty-eight (48) hours prior written notice and, includingat Tenant’s request, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, representative of Tenant being present. Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, acknowledges and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. agrees that Landlord shall have no obligation to provide either perform janitorial service services in such Secured Areas unless Tenant provides Landlord a written request for same and provides Landlord with access to such Secured Areas (by providing Landlord a key or cleaning in the Secured Areaother device).

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all reasonable times have the right to enter the Premises, inspect the same, supply any service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, mortgagees, lenders or tenants, to post notices of nonresponsibility, and to alter, improve or repair the Premises and any portion of the Building that Landlord may enter deem necessary or desirable, without any abatement of Rentals, and may for such purposes erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that in a non-emergency situation the entrance to the Premises shall not be unreasonably blocked thereby and the business of the Tenant shall not be interfered with unreasonably. The Premises shall be shown to inspectprospective tenants during the last six (6) months of the lease term or if Tenant provides Landlord with notice at any time during the notice period as stated in Addendum No. 2. For each of the aforesaid purposes, show or clean Landlord shall at all times have and retain a key with which of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises, without liability to Tenant except as otherwise expressly provided elsewhere in this Article. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to perform be a forcible or facilitate unlawful entry into, or a detainer of, the performance Premises, or an eviction of repairs, alterations or additions to Tenant from the Premises or any portion thereof. If Tenant has removed substantially all of Tenant's property from the Premises, Landlord may, without abatement of Rentals, enter the Premises for alteration, renovation or decoration during the last thirty (30) days of the Buildings. Except in emergencies or Tenn. With respect to provide Building services, any entry by Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant Landlord shall be entitled liable to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and solely for physical damage caused to Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of 's personal properly located within the Premises to perform repairsthe extent such damage is caused by Landlord's active negligence or willful misconduct and such damage is neither insured against nor required to be insured against by Tenant pursuant to this Lease, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant only with respect to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area entry in a non-emergency situation. In no event shall Landlord have any liability to Tenant for any other damages caused by Landlord's entry into the Premises. Tenant hereby waives any claim for damages or for injury or inconvenience to or interference with Tenant's business, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building any loss of occupancy or quiet enjoyment of the Premises, including, without limitation, a suspected fire and any other damage or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Arealoss occasioned thereby.

Appears in 1 contract

Samples: Centre Office Lease (QCS Net Corp)

ENTRY BY LANDLORD. Landlord may may, at any and all reasonable times, and upon no less than forty-eight (48) hours' prior notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its good faith judgment) necessitates an immediate entry or prior to entry to provide janitorial or security services), enter the Premises to inspect(a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) show or clean the Premises to prospective lenders, purchasers and, during the last 12 months of the Term, to prospective tenants, (c) post notices of nonresponsibility, and (d) make repairs or to perform or facilitate the performance of repairs, required alterations or additions improvements to the Premises Building or any other portion of the BuildingsPremises as required under this Lease. At Tenant's option, Tenant may require that an employee of Tenant accompany any such visitors (other than Landlord or Landlord's agents, employees or contractors). Tenant may from time to time upon thirty (30) days’ advance written notice to Landlord designate, as secured areas of the Premises, areas where unusually confidential information is kept. Except in emergencies or to provide Building servicesthe case of emergency (as determined by Landlord in good faith), Landlord shall provide not enter such secured areas unless accompanied by a representative of Tenant. Tenant agrees to make such representative available to Landlord during Business Hours upon reasonable advance request (which may be oral) by Landlord. If Tenant shall fail to make such a representative available upon such request, Landlord may enter such secured areas without Tenant’s representative. Landlord shall at all times be provided with reasonable prior verbal notice a means of entry and shall use reasonable efforts to minimize any interference with the secured areas in the event of an emergency or Tenant’s use failure to provide a representative as aforesaid. Landlord shall not provide janitorial services to such secured areas unless requested by Tenant, in which case such services will be provided at the normal times janitorial service is supplied to other portions of the Premises. Notwithstanding Tenant may elect that a representative accompany the foregoingprovider of such janitorial services to the secured areas so long as the same does not require rescheduling of such services or hinder, interfere with or delay the performance of the same and is permitted under Landlord’s applicable contracts with the provider of such janitorial services. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. Landlord shall use good faith efforts to minimize interference with Tenant's use and occupancy of the Premises for the ordinary conduct of Tenant's business in emergencies or connection with the exercise of Landlord's rights under this Paragraph. If an emergency necessitates immediate access to provide Building servicesthe Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall provide Tenant with at least 24 hours’ prior notice of not constitute a forcible or unlawful entry into the Premises, which may be given orally to the entity occupying a detainer of the Premises, and Tenant shall be entitled to have or an employee eviction of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as specifically provided otherwise in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or from the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Areaany portion thereof. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.1005628.07/SF 375170-00002/11-24-16/mrm/mrm -47-

Appears in 1 contract

Samples: Office Lease (Warner Music Group Corp.)

ENTRY BY LANDLORD. Landlord may and its agents shall have the right to enter the Leased Premises at all reasonable times and upon reasonable notice (which in the case of non-emergency repairs shall be at least twenty-four (24) hours' prior written notice) for the purpose of examining or inspecting the same, to inspectsupply janitorial services and any other services to be provided by Landlord or Tenant thereunder, to show or clean the Premises or same to perform or facilitate prospective purchasers of the performance of Building and make such alterations, repairs, alterations improvements or additions to the Leased Premises or any portion to the Building of the Buildings. Except in emergencies which they are a part as Landlord may deem necessary or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premisesdesirable. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally anything to the entity occupying the Premises, and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available contrary contained in the Premises at the time indicated in such notice or at such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this SectionSection 22.13, Landlord may enter the PremisesLeased Premises at any time, without notice to Tenant, in emergency situations and/or to perform regularly scheduled janitorial and any other services to be provided by Landlord pursuant to this Lease. Tenant shall permit Landlord to show the Leased Premises to prospective tenants during the last six (6) months of the Lease Term hereof or any renewal thereof. If reasonably necessaryTenant shall not be personally present to open and permit an entry into the Leased Premises at any time when such entry by Landlord is necessary or permitted thereunder, Landlord may temporarily close all or a portion enter by means of master key without liability to Tenant except for any failure to exercise due care for Tenant's property, and without affecting this Lease. If, during the last month of the Premises to perform repairsLease Term hereof, alterations and additions. However, except in emergenciesTenant shall have removed substantially all of its property from the Leased Premises, Landlord will not close may immediately enter and alter, renovate and redecorate the Leased Premises if the work can reasonably be completed on weekends and after Building Service Hourswithout elimination or abatement of rent or incurring liability to Tenant for any compensation. Except as specifically provided otherwise Notwithstanding anything in this Section 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant 22.13 to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in its maintenance and repair obligations under the Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situationcontrary, Landlord shall contact Tenant, use commercially reasonable efforts to exercise its rights under this Section 22.13 in a manner which minimizes interference with the use and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions occupancy of the Leased Premises damaged as a result by Tenant for the conduct of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in Tenant's normal business operations from the Secured AreaLeased Premises.

Appears in 1 contract

Samples: Office Lease (Matrix Bancorp Inc)

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