Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) 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 twelve (12) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Office Lease (Active Network Inc)

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ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon twenty-four (24) hour prior reasonable notice to the Tenant (except no such prior notice shall be required in emergenciesthe event of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to ; (Av) perform janitorial and other services required of Landlord, Landlord under this Lease; or (B) take possession due to any breach of this Lease in the manner provided herein; and (Cvi) perform any covenants of Tenant which Tenant fails to performperform beyond any applicable notice and cure period. During any entry to the Premises as set forth in this Section 27, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's business. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: And Attornment Agreement (Redenvelope Inc)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice which shall be required not less than two (2) business days except in emergenciesthe case of emergency) to enter the Premises to: at all reasonable business hours (iand at all other times in the event of an emergency): (a) inspect them; for the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereunder, and may take all such action thereon as may be necessary or appropriate for any such purpose (iibut nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) show for the purpose of showing the Premises to prospective purchaserspurchasers and mortgagees and, mortgagees or ground or underlying lessors, or, during the last at any time within twelve (12) months prior to the expiration of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach Term of this Lease for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant’s business operation. Except in the manner provided herein; and (C) perform any covenants event of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord or following an Event of Default, which is continuing, Tenant shall have the right to use have a representative accompany Landlord in any means such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the existence and the terms and conditions of this Lease shall be kept confidential by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein, Landlord may deem proper to open disclose the doors in existence and/or contents of this Lease: (i) as and only to the Premises. Any entry into the Premises extent required by Landlord law; (ii) as necessary to (a) manage its investment in the manner hereinbefore described Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not be deemed to be issue a forcible press release or unlawful entry intoother public announcement concerning the existence and/or contents of the Lease without the prior written consent of Tenant. In the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content and method of such public disclosures. Landlord agrees that neither Landlord nor any related entity shall use Tenant’s trade name, trademarks, logos, or a detainer ofdesigns in the printing, the Premisespublication, or an actual distribution of any advertising, marketing materials, internet web site, or constructive eviction of Tenant from any portion of the Premises.other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37

Appears in 1 contract

Samples: Lease Agreement

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to may enter the Premises to: at reasonable hours to (ia) inspect themthe same; (iib) show exhibit the same to prospective purchasers, lenders or tenants, provided, however, that Landlord shall only exhibit the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, tenants during the last twelve (12) months final 90 days of Tenant's occupancy of the Lease Term, prospective tenantsPremises; (iiic) 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) post notices of nonresponsibility; and (f) make repairs or (iv) alterperform maintenance required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, 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 alterations or improvements to any other portion of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any all such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, work shall be accomplished done as expeditiously promptly as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpossible. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, 's business or any loss of occupancy or quiet enjoyment of the Premises, and any other loss Premises occasioned by Landlord’s entry into the Premisessuch entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the Tenant's doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described an emergency shall not be construed or deemed to be a forcible or unlawful entry into, into or be a detainer of, of the Premises, Premises or an actual or constructive eviction of Tenant from the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion of the Premisesportions thereof.

Appears in 1 contract

Samples: Office Lease (Nextcard Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior reasonable written notice to Tenant (except no such prior which notice shall not be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, purchasers or, during the last twelve (12) months of the then-current Lease Term, to tenants, or to current or prospective tenantsmortgagees, ground or underlying lessors or insurers; (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 lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as reasonably required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Notwithstanding anything to the contrary set forth above, Tenant may designate certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may not enter such Secured Areas except in the case of emergency. In connection with any entry into the Premises pursuant to this Article 27 (except in the case of an emergency or in connection with items (A) or (B), above), Landlord shall not enter the Premises unless accompanied by a representative of Tenant, provided Tenant makes a representative available at the time of such entry.

Appears in 1 contract

Samples: Office Lease (Novacea Inc)

ENTRY BY LANDLORD. 16. Landlord reserves shall at all times have the right to enter the Premises, at all reasonable times and upon prior with reasonable notice to Tenant (which shall in no event be less than 24 hour hours notice) except no such prior notice shall in case of emergency, to inspect the same, supply janitorial and other services to be required in emergencies) to enter the Premises to: (i) inspect them; (ii) show provided by Landlord, submit the Premises to prospective purchasers, mortgagees purchasers or ground or underlying lessors, or, tenants (during the last twelve (12) 6 months of the Lease Term), prospective tenants; (iii) post notices of nonresponsibility; or (iv) non-responsibility, alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsPremises, or for structural alterations, repairs or improvements to any portion of the Building, or as Landlord may otherwise without being deemed guilty of any eviction of Tenanx xxx without abatement of rent, and may, for that purpose, erect all necessary structures, where reasonably desire or deem necessary. Notwithstanding anything required by the character of the work to be performed, providing that the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants business of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause interfered with as little interference to Tenant as is reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpractical. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to injury to, or interference with Tenant’s businesswith, lost profitsTenanx'x xxsiness, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s such entry into the Premisesor work except as caused by Landlxxx'x xxgligence or willful misconduct, so long as Landlord is making reasonable efforts to minimize interference. For each of the above purposes, Landlord shall at all times have a key with which to unlock all of the doors in doors, in, upon and about the Premises, excluding Tenant’s vaults's vaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into If Tenant changes locks on any doors, without Landlord's prior written consent, Landlord shall have the right to change, remove and/or replace such locks and repair or restore any damage and Tenant agrees to pay Landlord, upon demand, all reasonable expenses incurred in accomplishing the foregoing. Entry to the Premises obtained by Landlord in the manner hereinbefore described shall not by said means, or for said purposes, or otherwise, shall, under no circumstances, be deemed construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises, and any portion damages caused on account thereof shall be paid by Tenanx. Xxcept as otherwise expressly set forth, no provision of the PremisesLease shall be construed as obligating Landlord to perform any repairs, alterations or decorations.

Appears in 1 contract

Samples: Assignment Agreement (Syncor International Corp /De/)

ENTRY BY LANDLORD. Tenant shall permit Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) Landlord’s Agents to enter the Premises to: at all reasonable times, upon reasonable notice of at least twenty-four (i24) inspect them; hours (ii) show except in the case of an emergency, for which no notice shall be required), and subject to Tenant’s reasonable security arrangements, for the purpose of inspecting the same or showing the Premises to prospective purchasers, mortgagees lenders or ground or underlying lessors, or, tenants (provided that Landlord can only show the Premises to perspective tenants during the last twelve nine (129) months of the Lease Term) or to provide services, prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or improve, maintain and repair the Premises or the Building if necessary to comply with current building codes as required or other applicable lawspermitted by Landlord under the terms hereof, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any timeother business purpose, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement rebate of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that without any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference liability to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the PremisesPremises thereby occasioned (except for actual damages resulting from the sole active gross negligence or willful misconduct of Landlord); and Tenant shall permit Landlord to post notices of non-responsibility and “for sale” or “for lease” signs, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means except that Landlord may deem proper to open the doors in and to the Premises. Any entry into only post “for lease” signs at the Premises by Landlord in during the manner hereinbefore described last nine (9) months of the Term. No such entry shall not be deemed construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of an emergency and when Landlord otherwise deems such closure necessary. Landlord shall use commercially reasonable efforts while entering the Premises pursuant to this Paragraph 20 to minimize any portion interference with Tenant’s use of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Trident Microsystems Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2322, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to (A) perform janitorial and or other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, . Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant's business operations in the Premises during any such entry, . Subject to Section 6.8 and all other entries by Landlord onto the Premises pursuant to Landlord's indemnity obligations in this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding anything to the contrary set forth in this Article 22, Tenant may designate certain areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency (and in such event Landlord agrees to keep any information discovered in such emergency entry strictly confidential). Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (ii) as required by applicable laws, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval.

Appears in 1 contract

Samples: And Maintenance Agreement (Tocagen Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to the Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23ARTICLE 27, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Place Lease (Mossimo Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, purchasers or prospective or then-existing mortgagees or ground or underlying lessors, or, lessors (and during the last twelve (12) months of the Lease Term, to prospective tenants); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises Premises, the Project, or the Building if necessary to comply with current building codes or other applicable lawsLaws, or for structural alterations, repairs or improvements to the Building, Building or as the Project which Landlord may otherwise reasonably desire is required or deem necessarypermitted to perform under this Lease. Notwithstanding anything to the contrary contained in this Article 2325, Landlord may enter the Premises at any time, without notice to Tenant, to time to: (A) perform janitorial and other services required of Landlord, ; and (B) take possession due subject to any breach all applicable terms and provisions of this Lease in the manner provided herein; and (C) Lease, perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that Landlord shall use commercially reasonable efforts to minimize any disruptions to Tenant’s business in connection with such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantentries. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable two (2) days’ advance written notice (which may be by facsimile) to the Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: during normal business hours to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve six (126) months of the Lease Term, prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises Premises, the Building, or the Building Project at any time if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs repairs, or improvements to the Building, Building or the Project. Landlord recognizes that Tenant will have security systems in place and will give as Landlord may otherwise much advance notice of the need to enter as is reasonably desire or deem necessarypossible. Notwithstanding anything to the contrary contained in this Article 2326, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant Tenant, which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpossible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. 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. Notwithstanding anything to the contrary, Landlord shall, to the extent practicable, exercise its rights under this Article 26 at such times and in such manner as to minimize the impact upon Tenant’s business in and occupancy of the Premises. If Landlord makes an emergency entry into the Premises but no authorized representative of Tenant is present, Landlord shall provide immediate telephone notice to Tenant and shall take reasonable steps to secure the Premises until a representative of Tenant arises at the Premises.

Appears in 1 contract

Samples: Attornment and Nondisturbance Agreement (Trinet Group Inc)

ENTRY BY LANDLORD. Landlord reserves shall at any and all times have the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: for any business purpose, including (ia) inspect them; inspections, (iib) show supplying janitorial service and any other service to be provided by Landlord to Tenant under this Lease, (c) showing the Premises to prospective purchasersinterested parties, mortgagees or ground or underlying lessors, or, during the last twelve (12d) months of the Lease Term, prospective tenants; (iii) post posting notices of nonresponsibility; , and (e) altering, improving or (iv) alter, improve or repair repairing the Premises or the Building if necessary to comply with current building codes or any other applicable laws, or for structural alterations, repairs or improvements to portion of the Building, all without such entry constituting any actual or as constructive eviction of Tenant and without abatement of rent. Except in the case of the entries described in (b) above and in emergencies, Landlord shall endeavor to give Tenant reasonable advance notice by telephone or otherwise of its entries into the Premises. Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained erect scaffolding and other necessary structures in this Article 23, Landlord may enter and about the Premises at any timewhere reasonably required by the character of the work to be performed, without notice provided that Landlord shall use reasonable efforts to minimize interference with Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant's business. Tenant hereby waives any claims claim for damages or damages, for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into in, upon and about the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantsafes. In an emergency, Landlord shall have the right to may use any and all means that which Landlord may deem proper to open enter the doors Premises in and to the Premisesan emergency. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, into the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premisesthereof, and any damages caused on account thereof shall be paid by Tenant.

Appears in 1 contract

Samples: Office Space Lease (Software Technologies Corp/)

ENTRY BY LANDLORD. The Landlord reserves may enter the right Premises or Building at all reasonable times hours and upon prior 24 hours reasonable written notice to Tenant to (except no such prior notice shall be required in emergencies) to enter the Premises to: (ia) inspect them; the same, (iib) show the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessorstenants, or(c) determine whether Tenant is complying with all of Tenant's obligations hereunder, during the last twelve (12) months of the Lease Term, prospective tenants; (iiid) post notices of nonresponsibility; non-responsibility or (ive) altermake repairs required of Landlord under the Lease, improve repairs to adjoining space or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsutility service, or for structural alterationsmake repairs, repairs alterations or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any that all such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, work shall be without the abatement of Rent and shall include the right to take such reasonable steps done as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished promptly as expeditiously as reasonably possible and in a manner so as to cause with as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpossible. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss Premises occasioned by Landlord’s entry into the Premisessuch entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all doors in, on or about the doors in the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by Tenant). In the event of an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the doors in and to enter the Premises, without notice, for the limited purpose of abating as possible said emergency. Any entry into the Premises by Landlord in the manner hereinbefore described Such emergency entrance shall not be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.thereof. Entry

Appears in 1 contract

Samples: Commercial Lease (1 800 Contacts Inc)

ENTRY BY LANDLORD. Landlord reserves and its agents shall be entitled to enter into and upon the right Premises at all reasonable times and upon prior reasonable notice to Tenant (except in the case of an emergency, in which event no such prior notice shall be required in emergencies) to enter the Premises to: required), for purposes of (i) inspect themi)exercising its rights under this Lease; (ii) show posting notices of non-responsibility for alterations, additions, or repairs, (iii) during the final year of the lease term for the purpose of placing upon the Premises any ordinary "for sale" signs, and during the one hundred eight (180) day period prior to the expiration of this Lease, to place upon the Premises any usual or ordinary "for lease" signs and exhibit the Premises to prospective purchasers, mortgagees tenants at reasonable hours; (iv)determining whether the Premises are in good condition; (v) performing any maintenance or ground or underlying lessors, or, during the last twelve (12) months repair of the Lease Term, prospective tenantsBuilding or Premises that Landlord has the right or obligation to perform; (iiivi) post notices determining whether Tenant is complying with its obligations under this Lease (including, without limitation, its obligations under paragraph 5); or(vii) doing any other act or thing necessary for the safety or preservation of nonresponsibility; or (iv) alter, improve or repair the Premises Building or the Building if necessary to comply with current building codes or other applicable lawsPremises, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at all without any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference without liability to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned thereby, except for Landlord's gross negligence or willful misconduct. Landlord's rights of entry as set forth in this paragraph shall be subject to the reasonable security regulations of Tenant and good laboratory practices as determined by Landlord’s entry into Tenant, and to the Premises. For each of the above purposes, requirement that Landlord shall at all times have act in a key manner designed to minimize interference 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 's business activities on the Premises.

Appears in 1 contract

Samples: Work Letter Agreement (Anacor Pharmaceuticals Inc)

ENTRY BY LANDLORD. 21.a. Landlord reserves the right and shall at any and all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) have the right to enter the Premises to: Premises, inspect the same (i) inspect them; (ii) provided that Tenant shall have the right to require that Landlord be accompanied by a representative of Tenant during such entry, except in the case of emergency), supply janitorial services, post notices of non-responsibility, show the Premises to prospective purchaserspurchasers or mortgagors/lenders, mortgagees or ground or underlying lessorsand, or, solely during the last twelve nine (129) months of the Term of this Lease Term(unless a Tenant Default has occurred), to show the Premises to prospective tenants; (iii) post notices of nonresponsibility; or (iv) , to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, all without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be unreasonably obstructed thereby and provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Landlord will provide Tenant with at least two (2) business days’ prior notice (except in the case of an emergency) of any of the actions set forth in this Section 21.a. to be taken by Landlord if such action will substantially interfere with Tenant’s ability to (i) conduct business in the Premises, (ii) gain access to and from the Premises, or (iii) use or have access to and egress from the parking area. All other entries shall require at least one (1) business day advance notice. Landlord shall use commercially reasonable efforts to ensure that the performance of any work of repairs or alterations described herein shall not materially interfere with Tenant’s use of or access to the Premises (or any portion thereof) or the Building if necessary Common Areas for Tenant’s business purposes (such efforts to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible andinclude, to the extent practicablepossible, shall comply with limiting the performance of any such work which might be disruptive to weekends or the evening and all reasonable security and safety requirements the cleaning of Tenantany work area prior to the commencement of the next business day). Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by Landlord’s entry into the Premisesnegligence or willful misconduct or Landlord’s breach of this Lease. For each of the above aforesaid purposes, Landlord shall may at its discretion at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyfiles, and Landlord shall have at its discretion has the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency, in order to obtain entry to the PremisesPremises without liability to Tenant. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premisesthereof.

Appears in 1 contract

Samples: Office Building Lease (ExactTarget, Inc.)

ENTRY BY LANDLORD. 15.01 Tenant shall permit Landlord reserves and Landlord's agents to enter the right Leased Premises at all reasonable times during normal business hours for the purpose of inspecting the same or for the purpose of maintaining the building, or for the purpose of making repairs, alterations, or additions to any portion of the building, including the erection and upon prior reasonable notice to Tenant (except no maintenance of such prior notice shall scaffolding, canopies, fences and props as may be required in emergenciesor for the purpose of posting notices of non-responsibility for alterations, additions or repairs; and shall permit Landlord upon the Leased Premises at any time within thirty (30) days prior to enter the Premises to: expiration of this Lease for the purpose of placing any usual or ordinary "to let" or "to lease" signs, or placing upon the Building any usual or ordinary "for sale" signs, or ninety (i90) inspect them; (ii) show days prior to the expiration of this Lease for showing the Leased Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial any rebate of rent and other services required of Landlord, (B) take possession due to without any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference liability to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the PremisesLeased Premises thereby occasioned. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the exterior doors in about the Leased Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyNotwithstanding the foregoing, Landlord shall have the right agrees to use all reasonable efforts to provide Tenant at least twenty-four (24) hours prior written notice of its intent to enter the Leased Premises and further agrees any means that Landlord may deem proper such entry shall be conducted in such manner so as 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 minimize any portion of the Premisesinterference with Tenant's business operations.

Appears in 1 contract

Samples: Lease Agreement (Innotrac Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon at least forty-eight (48) hours prior reasonable written notice to Tenant (except no such prior notice shall be required in emergenciesan emergency, but notice shall be provided as soon as reasonably possible thereafter as indicated in Section 27(b) below) to the Tenant to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, tenants (but as to prospective tenants only during the last twelve nine (129) months of the Lease Term), prospective tenantsor to the ground or underlying lessors; (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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice time to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform after notice and expiration of the applicable cure period. Any Except as expressly provided herein, any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided. Except as provided in Section 10.1 above, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes 's clean room (if any) and any other special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. In connection with any entry by Landlord pursuant to this Article 27 or any other provision of this Lease, (a) Landlord shall use reasonable efforts to minimize any interference with Tenant's use and enjoyment of the Premises, (b) Landlord shall give notice to Tenant as soon as reasonably possible if Landlord enters the Premises in connection with an emergency, (c) except in cases of an emergency, Landlord shall not be authorized to enter Tenant's clean room (if any) within the Premises, (d) Landlord shall comply with all reasonable requirements of Tenant in connection with any entry onto the Premises, including having all of Landlord's representatives and other parties wear gowns provided by Tenant and any other necessary safety equipment provided by Tenant and complying with other reasonable safety measures required by Tenant. In addition, provided that such representatives are then available, Tenant shall have the right to require Landlord and any other parties entering the Premises to be escorted and supervised by a representative of Tenant.

Appears in 1 contract

Samples: Lease (Advanced Tissue Sciences Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, [535 Mission Street] may be oral, and which notice shall not be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or to current or prospective mortgagees, mortgagees or ground or underlying lessorslessors or insurers, or, or to prospective tenants during the last twelve (12) months of the Lease Term, prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair make repairs to the Premises or to the Building if necessary or to comply with current building codes any equipment located in the Premises as Landlord shall reasonably deem necessary; or other applicable laws, or for structural alterations, repairs or improvements (v) to the Buildingextent necessary in order for Landlord to take an action which Landlord has a right or an obligation to take under the terms of this Lease, or as Landlord may otherwise reasonably desire be required to do by governmental or deem necessaryquasi-governmental authority or court order or decree. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) pursuant to Section 26.1 of this Lease (except in the case of an emergency), perform any covenants of Tenant which Tenant fails to perform. Any Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with all entries into the Premises. Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent (except as specifically set forth in Section 19.5.2 of this Lease) and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s businessbusiness and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises, and Premises in connection with such entries; provided that Tenant does not waive any other loss occasioned by claim for actual or constructive eviction as a result of Landlord’s entry into the Premisesentry. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. [535 Mission Street]

Appears in 1 contract

Samples: Office Lease (Trulia, Inc.)

ENTRY BY LANDLORD. 13.1. Landlord reserves and its authorized representatives shall have the right at all reasonable times and right, upon 24-hours prior reasonable written or oral notice to Tenant (except in an emergency, when no such prior notice shall be required in emergenciesrequired) to enter the Premises to: at all reasonable times during normal business hours and at any time in case of an emergency (i) inspect them; to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, if Landlord has reasonable belief or evidence that Tenant is not so maintaining the Premises pursuant to the terms of this Lease (ii) to maintain or to make any repair or restoration to the Building that Landlord has the right or obligation to perform, (iii) to install any meters or other equipment which Landlord may have the right to install, (iv) to serve, post, or keep posted any notices required or allowed under the provisions of this Lease, (v) to post "for sale" signs at any time during the term, and to post "for rent" or "for lease" signs during the last three (3) months of the term or during any period while Tenant is in default, (vi) to show the Premises to prospective purchasersbrokers, mortgagees agents, buyers, tenants, or ground or underlying lessorspersons interested in an exchange, or(vii) to shore the foundations, during the last twelve (12) months footings, and walls of the Lease TermBuilding and to erect scaffolding and protective barricades around and about the Building or the Premises, prospective tenants; but not so as to prevent entry into the Premises, and (iiiviii) post notices to do any other act or thing necessary for the safety or preservation of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as . Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include have the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times to have and retain a key with which to unlock all doors in, upon and about the doors in the Premises, Premises excluding Tenant’s vaults's vaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the doors gain entry in an emergency, and any entry to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible obtained by Landlord in accordance with the foregoing shall not be construed or deemed or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business and any loss of occupancy or quiet enjoyment of the PremisesPremises by reason of Landlord's exercise of its rights of entry in accordance with this Article 1 3, and Tenant shall not be entitled to an abatement or reduction of Rent or Expenses in connection therewith.

Appears in 1 contract

Samples: Agreement (Isocor)

ENTRY BY LANDLORD. Landlord reserves and its agents shall be entitled to enter into and upon the right Premises at all reasonable times and upon prior reasonable notice to Tenant (except in the case of an emergency, in which event no such prior notice shall be required in emergencies) to enter the Premises to: required), for purposes of (i) inspect themi)exercising its rights under this Lease; (ii) show posting notices of non-responsibility for alterations, additions, or repairs, (iii) during the final year of the lease term for the purpose of placing upon the Premises any ordinary “for sale” signs, and during the one hundred eight (180) day period prior to the expiration of this Lease, to place upon the Premises any usual or ordinary “for lease” signs and exhibit the Premises to prospective purchasers, mortgagees tenants at reasonable hours; (iv)determining whether the Premises are in good condition; (v) performing any maintenance or ground or underlying lessors, or, during the last twelve (12) months repair of the Lease Term, prospective tenantsBuilding or Premises that Landlord has the right or obligation to perform; (iiivi) post notices determining whether Tenant is complying with its obligations under this Lease (including, without limitation, its obligations under paragraph 5); or(vii) doing any other act or thing necessary for the safety or preservation of nonresponsibility; or (iv) alter, improve or repair the Premises Building or the Building if necessary to comply with current building codes or other applicable lawsPremises, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at all without any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference without liability to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned by thereby, except for Landlord’s gross negligence or willful misconduct. Landlord’s rights of entry into as set forth in this paragraph shall be subject to the Premises. For each reasonable security regulations of Tenant and good laboratory practices as determined by Tenant, and to the above purposes, requirement that Landlord shall at all times have act in a key manner designed to minimize interference 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 business activities on the Premises.

Appears in 1 contract

Samples: Work Letter Agreement (Anacor Pharmaceuticals Inc)

ENTRY BY LANDLORD. 13.1 Landlord reserves shall have the right at all reasonable times and upon prior reasonable right, following no less than one (1) business day's advance notice to Tenant (except no such prior notice shall be required in emergencies) ), to enter the Premises to: at any reasonable time to (ia) inspect them; the Premises, (iib) show exhibit the Premises to prospective purchasers, mortgagees to lenders, or ground or underlying lessors, or, during the last twelve (12) months of the term of this Lease Termto tenants, prospective tenants; (iiic) determine whether Tenant is performing all of Tenant's obligations, (d) perform any obligations of Tenant in accordance with section 14.5, (e) post notices of nonresponsibility; or , "For sale", and during the last twelve (iv12) alter, improve or repair months of the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach term of this Lease "For lease" signs, in and about the manner provided herein; Premises, (f) make any repairs to the Premises which Landlord is entitled to make and (Cg) investigate and perform any covenants of Tenant which Tenant fails tests to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply determine Tenant's compliance with any and all reasonable security and safety requirements of TenantArticle 21. Tenant hereby waives any all claims for damages or for any injuries injury or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned by Landlord’s such entry. Tenant shall be entitled to have one of its agents or other representatives accompany Landlord at all times during any such entry into (except in emergencies), and Landlord shall reasonably cooperate with Tenant to minimize any unavoidable disruption of Tenant's operations resuiting from any such entry. If Landlord removes any existing underground tanks and fueling system from the Premises. For each of the above purposes, Landlord shall have no obligation to replace them or provide alternate tanks or a fueling system. Landlord shall at all ail times have a key with which to unlock all the such doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premisesthereof.

Appears in 1 contract

Samples: Commercial Lease (Certified Grocers of California LTD)

ENTRY BY LANDLORD. 13.1 Landlord reserves and its authorized representatives shall have the right to enter the Premises at all reasonable times during normal business hours and upon prior reasonable notice to Tenant (except no such prior notice shall be required at any time in emergencies) to enter the Premises to: case of an emergency (i) inspect them; to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to maintain or to make any repair or restoration to the Building that Landlord has the right or obligation to perform, (iii) to install any meters or other equipment which Landlord may have the right to install, (iv) to serve, post, or keep posted any notices required or allowed under the provisions of this Lease, (v) to post "for sale" signs at any time during the term, and to post "for rent" or "for lease" signs during the last three (3) months of the term or during any period while Tenant is in default, (vi) to show the Premises to prospective purchasersbrokers, mortgagees agents, buyers, tenants, or ground or underlying lessorspersons interested in an exchange, or(vii) to shore the foundations, during the last twelve (12) months footings, and walls of the Lease TermBuilding and to erect scaffolding and protective barricades around and about the Building or the Premises, prospective tenants; but not so as to prevent entry into the Premises, and (iiiviii) post notices to do any other act or thing necessary for the safety or preservation of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as . Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include have the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times to have and retain a key with which to unlock all doors in, upon and about the doors in the Premises, Premises excluding Tenant’s vaults's vaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the doors gain entry in an emergency, and any entry to the Premises. Any entry into the Premises obtained by Landlord in accordance with the manner hereinbefore described foregoing shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business and any loss of occupancy or quiet enjoyment of the PremisesPremises by reason of Landlord's exercise of its rights of etry in accordance with this Article 13, and Tenant shall not be entitled to an abatement or reduction of Rent or Expenses in connection therewith.

Appears in 1 contract

Samples: Office Lease (Trimark Holdings Inc)

ENTRY BY LANDLORD. Landlord reserves and shall, after providing prior notice to Tenant, have the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: (i) to inspect them; (ii) show the same and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchaserspurchasers or tenants, mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) to post notices of nonresponsibility; or (iv) non-responsibility, to alter, improve or repair the Premises or the Building if necessary to comply with current building codes or any other applicable laws, or for structural alterations, repairs or improvements to portion of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything all without being deemed guilty of any eviction of tenant and without abatement of rent, and may, in order to the contrary contained in this Article 23carry out such purposes, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial erect scaffolding and other services necessary structures where reasonably required by the character of Landlordthe work to be performed, (B) take possession due to any breach of this Lease in provided that the manner provided herein; and (C) perform any covenants business of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause interfered with as little interference to Tenant as is reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults, 's vaults and safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoby any of said means, or a detainer of, the Premisesotherwise, or an actual or constructive eviction of Tenant from the Premises or any portion thereof, and any damages caused on account thereof shall be paid by Tenant. Is understood and agreed that no provisions of the Premisesthis Lease shall be construed as obligation for Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed herein to be performed by Landlord.

Appears in 1 contract

Samples: Office Lease (Norpac Technologies, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessorstenants (but as to prospective tenants, or, only during the last twelve (12) months of the initial Lease Term or of any Extension Term), prospective tenantsor to the ground or underlying lessors; (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 PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] applicable laws, or for structural alterations, repairs or improvements to the Building, or as . Tenant shall be offered an opportunity to accompany Landlord may otherwise reasonably desire or deem necessaryin connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant's security procedures in connection with such entry (except that these restrictions shall not apply in the case of an emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent so long as Tenant can continue to occupy and shall include use any affected portion of the right Premises for the same business purposes as Tenant had been using such affected portion prior to Landlord's entry, and Landlord may take such reasonable steps as required to accomplish the stated purposes; , provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply not materially and adversely interfere with any and all reasonable security and safety requirements of Tenant's normal business functions. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by thereby except any claims arising out of Landlord’s entry into the Premises's gross negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated from time to time in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Office Lease (Peregrine Systems Inc)

ENTRY BY LANDLORD. Provided Landlord use commercially reasonable efforts to minimize interference with Tenant’s use and complies with Tenant’s reasonable requirements that Landlord be accompanied by Tenant’s representative, Landlord reserves the right at all reasonable times and upon 24 hours prior reasonable notice to Tenant (except in the case of an emergency, when no such prior notice shall be required in emergenciesrequired) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or during the last 12 months of the Term to tenants, or to current or prospective mortgagees, ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenantslessors or insurers; (iii) post notices of nonresponsibility; or (iv) if permitted or required by terms of this Lease, alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, including janitorial service if requested by Tenant; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. [SAN XXXXXX CORPORATE CENTER]

Appears in 1 contract

Samples: Lease (Biomarin Pharmaceutical Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (but to prospective tenants, only during the last one huundred-eighty (180) days of the Lease Term), or to the ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant Xxxxxx fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Rooftop License Agreement (Kinzan Inc)

ENTRY BY LANDLORD. 18.1 Landlord reserves and shall at all times have the right to enter the Premises at all reasonable times and upon prior reasonable notice to Tenant (except in cases of emergency or in the provision of services under this Lease, in which ca no such prior notice shall need be required in emergenciesgiven) to enter inspect the Premises to: (i) inspect them; (ii) same, to supply any service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, mortgagees or ground or underlying lessorstenants, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) to post notices of nonresponsibility; or (iv) , and to alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to and any portion of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entryor Additional Charges, and all may for that purpose erect, use and maintain scaffolding, pipes, conduits and other entries by Landlord onto necessary structures in and through the Premises pursuant where reasonably required by the character of the work to this Leasebe performed, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, provided that the entrance to the extent practicablePremises shall not be blocked thereby, and further provided that the business of Tenant shall comply not be interfered with any and all reasonable security and safety requirements of Tenantunreasonably. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference interfere with Tenant’s business, lost profitsTenaxx'x xusiness, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults's vaults and safes, safes and or special security areas (designated in advance by Tenant. In an emergencyadvance), and Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open the said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises. Any entry into the Premises or portions thereof obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premisesthereof.

Appears in 1 contract

Samples: E Greetings Network

ENTRY BY LANDLORD. Landlord reserves and its agents shall have the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: (i) inspect them; (ii) upon reasonable notice and during normal business hours for the purpose of examining and inspecting the same and to supply other service to be provided by Landlord to the Tenant hereunder show the Premises same to prospective purchasers, mortgagees purchasers or ground or underlying lessors, or, during the last twelve (12) months Tenants of the Lease TermPremises, prospective tenants; (iii) post notices of nonresponsibility; and make such alterations, repairs, improvements, or (iv) alteradditions, improve whether structural or repair otherwise, to the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire deem necessary or deem necessarydesirable. Landlord shall use reasonable efforts on any such entry not to unreasonably interrupt or interfere with Tenant's use and occupancy of the Premises and shall further not unreasonably exercise this right. In addition, Landlord or its agents shall have the right to enter upon the Premises in the case of any emergency, including but not limited to fire, hurricane, tornado and other natural or man-made disasters. 21. -13- Insolvency or Bankruptcy ------------------------ If at any time during the Term or prior thereto there shall be filed by or against Tenant in any court pursuant to any statute, either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property, and within thirty (30) days thereof Tenant fails to secure a discharge thereof, or its Tenant make an assignment for the benefit or creditors, this Lease, at the option of Landlord, exercised within a reasonable time after notice of the happening of any one or more of such events, may be cancelled and terminated and in which event either Tenant nor any person claiming through or under Tenant by virtue of any statute or of any order of any court shall be entitled to possession or to remain in possession of the Premises demised but shall forthwith quit and surrender the Premises, and Landlord, in addition to the other rights and remedies it has by virtue of any other provision herein or elsewhere in this Lease or by virtue of any statute or rule of law, may retain as liquidated damages any rent, security deposit or monies received by it from Tenant or others on behalf of Tenant. Notwithstanding anything to the contrary contained in this Article 23herein contained, Landlord may enter upon the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required event of Landlord, (B) take possession due to any breach cancellation of this Lease as provided in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposesparagraph, Landlord shall at all times have a key with which be entitled to unlock all the doors recover damages 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 amount equal to the Premises. Any entry into present value of the Base Rent specified hereunder less the fair market rental value of the Premises by Landlord in for the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisesstated Term.

Appears in 1 contract

Samples: United Natural Foods Inc

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times and (upon prior reasonable 24 hours’ notice to Tenant (which may be by telephone or email) except in the case of an emergency, when no such prior notice shall be required in emergencies) to required), enter the Premises to: to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) undertake any repair or maintenance obligation required or allowed under this Lease, (c) show the Premises to prospective purchaserslenders, mortgagees purchasers or ground or underlying lessorstenants, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iiid) post notices of nonresponsibility; or , and (ive) alter, improve or repair the Premises Premises. In connection with any such alteration, improvement or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23repair, Landlord may enter erect in the Premises at any timeor elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry or work entitle Tenant to an abatement of rent, without notice to constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to (A) perform janitorial and other services required liability for consequential damages or loss of Landlord, (B) take possession due business or profits by Xxxxxx. Landlord shall use good faith efforts to any breach of this Lease cause all such work to be done in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantwithout incurring additional expense. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding Tenantexcept Xxxxxx’s vaults, safes vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion thereof. Tenant’s internal security and access systems must be part of the PremisesBuilding system managed by Landlord.

Appears in 1 contract

Samples: Industrial Lease (Scilex Holding Co)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice which shall be required no less than one (1) business day in emergenciesadvance, except in the case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, (during the last twelve (12) months of the Lease Term) tenants, prospective tenantsor to the ground or underlying lessors; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsApplicable Laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform after any applicable notice and cure period. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all . Subject to the other entries by Landlord onto the Premises pursuant to provisions of this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. 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 exercising its rights under this THE WATER GARDEN Cornerstone OnDemand, Inc. Article 27, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s operations in the Premises. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Rooftop Area License Agreement (Cornerstone OnDemand Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to the Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: within the last six (6) months of the Lease Term to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenants; or (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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23ARTICLE 27, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (CB) perform any covenants of Tenant which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, entry shall be accomplished as expeditiously as reasonably possible and in such a manner as is reasonably possible so as not to cause as little interference to Tenant as reasonably possible and, unreasonably interfere with Tenant's access to the extent practicable, shall comply with any and all reasonable security and safety requirements of Premises or Tenant's normal business functions during the normal business hours for the Building. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Office Lease (Unapix Entertainment Inc)

ENTRY BY LANDLORD. Upon reasonable prior notice (not less than 24 hours), or in an emergency without notice, Landlord reserves shall have the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises toPremises: (ia) to inspect them; , (iib) to supply any service provided to Tenant hereunder, (c) to show the Premises to prospective purchasers, mortgagees lenders or ground or underlying lessors, or, tenants (but such right with respect to tenants shall only be permitted during the last twelve (12) 9 months of the Lease Termterm), prospective tenants; (iiid) to post notices of nonresponsibility; or , (ive) to alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to and any portion of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything and (f) to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial erect scaffolding and other services necessary structures outside of the Premises, where required by the work to be performed, all without reduction 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 performrent. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that In connection with any such entry, and all other entries by Landlord onto shall use commercially reasonable efforts not to unreasonably interfere with the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements conduct of Tenant’s business on the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience injury to or interference with Tenant’s business, lost profits, any loss of occupancy business or quiet enjoyment of the Premises, and Premises or any other loss occasioned by Landlordsuch entry provided that Landlord shall use commercially reasonable efforts not to unreasonably interfere with the conduct of Tenant’s entry into business on the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all of the doors in and about the Premises, excluding Tenant’s vaultsvaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that which Landlord may deem deems proper to open the said doors in any emergency, and any such entry to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into the Premises or a detainer of, of the Premises, Premises or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Work Letter Agreement (Constant Contact, Inc.)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice which shall be required not less than two (2) Business Days except if a shorter notice or no notice is appropriate in emergencieslight of the circumstances if there is an emergency) to enter the Leased Premises toat all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (ia) inspect them; for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (iibut nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) show for the purpose of showing the Leased Premises to prospective purchaserspurchasers and mortgagees and, mortgagees or ground or underlying lessors, or, during the last twelve at any time within six (126) months prior to the expiration of the Lease TermTerm of this Lease, for the purpose of showing the same to prospective tenants; (iii) post notices . No such entry shall constitute an eviction of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, but any such entry shall be done by Landlord in such reasonable manner as to (A) perform janitorial and other services required minimize any disruption of Tenant’s business operation. The foregoing notwithstanding, Landlord, (B) take possession due to any breach by execution of this Lease Lease, agrees and acknowledges that Tenant’s primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within the Leased Premises from time to time. Accordingly, in connection with any entry into the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Leased Premises pursuant to this LeasePxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord’ failure to discharge and abide by this covenant and undertaking shall be without the abatement constitute a breach of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as entitling Tenant to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or for effect any injuries or inconvenience to or interference with Tenant’s business, lost profits, offsets against any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. 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 PremisesRent payable hereunder.

Appears in 1 contract

Samples: Lease (Old National Bancorp /In/)

ENTRY BY LANDLORD. Landlord reserves and its agents shall have the right to enter the Premises at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to enter for the Premises topurpose of: (i1) inspect themexamining or inspecting the same; (ii2) show supplying janitorial services and any other services to be provided by Landlord or Tenant hereunder; (3) showing the Premises same to prospective purchasers, mortgagees purchasers or ground or underlying lessors, or, during the last twelve (12) months tenants of the Lease TermBuilding; and (4) making such alterations, prospective tenants; (iii) post notices of nonresponsibility; repairs, improvements or (iv) alter, improve or repair additions to the Premises or to the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or of which they are a part as Landlord may otherwise reasonably desire deem necessary or deem necessarydesirable. Notwithstanding anything If Tenant shall not be personally present to open and permit an entry into the contrary contained in this Article 23Premises at any time when such entry by Landlord is necessary or permitted hereunder, Landlord may enter by means of a master key without liability to Tenant, except for any failure to exercise due care for Tenant’s property, and without affecting this Lease. If during the last month of the term hereof, Tenant shall have removed substantially all of its property therefrom, Landlord may immediately enter and alter, renovate and redecorate the Premises at without elimination or abatement of Rent and without incurring liability to Tenant for any timecompensation. Such entry shall not be construed as a manifestation by the Landlord of an intent to terminate this Lease. Landlord, without during the entire term of this Lease, shall have the right, upon ninety (90) days’ prior written notice to Tenant, to (A) perform janitorial and other services required change the number, designation or name of the Building without liability to Tenant. Tenant shall not, without the prior consent of Landlord, (B) take possession due to change the locks or install additional locks on any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages entry door or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Office Building Lease (Georesources Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice which shall be required at least twenty-four (24) hours prior notice, except in emergenciesthe case of emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2326, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, entry shall be accomplished as expeditiously as reasonably possible and in a manner so long as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, such entry shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference not unreasonably interfere with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesbusiness operations. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. 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 agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Tekelec)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times ----------------- times, and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) the case of an emergency), to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective tenants (but only during the last twenty-four (24) months of the Lease Term or any Option Term where Tenant has not previously exercised an available extension option), purchasers, mortgagees mortgagees, or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) post notices of nonresponsibility; or (iv) subject to SECTIONS 8.1.2 -------------- and 10.3.2, to alter, improve or repair the Premises or the Building if ------ necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such work outside of Building Hours; or (v) to exercise, or as in compliance with the terms of this Lease, rights and obligations of Landlord may otherwise reasonably desire or deem necessaryunder this Lease. Notwithstanding anything Subject to the contrary contained in this Article 23foregoing, Landlord may enter the Premises at make any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to Rent, may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Lease Agreement (21st Century Insurance Group)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to the Tenant (except no such prior notice shall be required in emergencies) to enter the Demised Premises to: (i) inspect them; (ii) show the Demised Premises to prospective or existing purchasers, mortgagees or tenants, or to the ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Demised Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23Section 21.8, Landlord may (but shall not be obligated to) enter the Demised Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, (Bi) take possession due to any breach of this Lease in the manner provided herein; and (Cii) perform any covenants of Tenant which Tenant fails to performperform and (iii) correct (in whole or part) or otherwise deal with any emergency situation. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Demised Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenantthereby. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors and/or gain access in and to the Demises Premises, including, but not limited to, taking such action which might be considered to be an unlawful entry into the Building under other circumstances, as well as, the breaking down of doors or other barriers prohibiting or impeding access to the Building. Any entry into the Demised 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 Demised Premises, or an actual or constructive eviction of Tenant from any portion of the Demised Premises.

Appears in 1 contract

Samples: Lease Agreement (Access Integrated Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) 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 twelve (12) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpossible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Office Lease (Nabriva Therapeutics PLC)

ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Landlord’s Agents to enter into and upon the right Premises at all reasonable times and times, upon prior reasonable notice to Tenant (except to provide regular services or in the case of an emergency, in which circumstances no such prior notice shall be required in emergencies) required), and subject to enter Tenant’s reasonable security arrangements, to inspect the Premises to: (i) inspect them; (ii) same, to show the Premises to prospective purchasers, mortgagees or ground or underlying lessorslenders, or, during the last twelve six (126) months of the Lease Term, prospective tenants; (iii) tenants and post ordinary “for lease” signs, to post notices of nonresponsibility; or (iv) non-responsibility and ordinary “for sale” signs, to provide services, alter, improve or improve, maintain and repair the Premises or the Building if necessary to comply with current building codes as required or other applicable lawspermitted of Landlord under the terms hereof, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any timeother business purpose, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement rebate of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that without any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference liability to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s Premises thereby occasioned. No such entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual eviction or constructive eviction of Tenant from any portion the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of an emergency and when Landlord otherwise deems such closure necessary. Landlord agrees to use commercially reasonable efforts not to disturb Tenant’s use or occupancy of the Premises, the Building and/or the Parking Areas in the exercise of its rights under this Paragraph 20.

Appears in 1 contract

Samples: Lease Agreement (Blackhawk Network Holdings, Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to the Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: subject to Tenant’s reasonable safety and security requirements, to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or mortgagees, mortgagees or to the ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, 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, or . Landlord also reserves the right at all reasonable times and upon reasonable notice to Tenant to enter the Premises during any time Tenant is in default under the Lease and/or during the last nine (9) months of the Lease Term (as Landlord may otherwise reasonably desire or deem necessaryextended by any Option Term) to show the Premises to prospective tenants. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant Xxxxxx fails to perform. Any such entriesentries shall be subject to Landlord’s covenant of quiet enjoyment, and all other entries by Landlord onto the Premises pursuant to this Leaseas long as such covenant is satisfied, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and except to the extent attributable to Landlord’s gross negligence or willful misconduct (but subject to the waivers set forth in Section 10.5 above), any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by TenantTenant (in which case Landlord shall not provide janitorial service to such secure areas). In an emergency, Landlord shall have the right to use any means that Landlord may reasonably deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Subordination Agreement (GenMark Diagnostics, Inc.)

ENTRY BY LANDLORD. Tenant will permit Landlord reserves and Landlord Parties to enter the right Premises at all reasonable times for the purpose of (a) inspecting the Premises, (b) maintaining the Building or any part thereof, (c) making repairs, alterations or additions to any portion of the Building, including the erection and upon prior reasonable notice to Tenant (except no maintenance of such prior notice shall scaffolding, canopies, fences and props as may be required in emergenciestherefor, (d) to enter the Premises to: posting notices of non-responsibility for Alterations or repairs, (ie) inspect them; (ii) show showing the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, tenants during the last twelve nine (129) months of the Lease Term, prospective tenants; (iiif) post notices of nonresponsibility; exercising and performing Landlord’s rights and obligations under this Lease, or (ivg) 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 placing upon the Building, or as Landlord may otherwise reasonably desire any portion thereof, any usual or deem necessary. Notwithstanding anything to the contrary contained in this Article 23ordinary “for sale” signs, Landlord may enter the Premises at all without any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants right of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the an offset against or abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that without any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference liability to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the PremisesPremises thereby occasioned. 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 right, at any time within the final six (6) months of the Lease Term, to place upon the Premises any usual or ordinary “for lease” signs. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably practicable, the interference with Tenant’s Permitted Use, and shall provide Tenant with 24-hour advance telephonic or electronic mail notice of such entry (except in emergency situations, if an Event of Default exists, or in cases of routine maintenance or cleaning, in which cases no notice shall be required). Landlord may use any means that which Landlord may deem proper to open the doors in and obtain entry to the PremisesPremises in an emergency. Any entry into to the Premises by Landlord in the manner hereinbefore described shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or grounds for any abatement or reduction of Rent.

Appears in 1 contract

Samples: Office Lease Agreement (JOINT Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect themthem during normal business hours; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, lessors or during the last twelve nine (129) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23Section 19.13, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, Landlord during normal business hours (B) take possession due to any breach of this Lease in the manner provided hereinexcept for janitorial service which shall be performed after normal business hours); and (CB) perform any covenants of Tenant which Tenant Xxxxxx fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpossible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. 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. Tenant may, subject to Landlord’s prior approval, designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may only enter such Secured Areas upon two (2) business days’ notice to Tenant which notice shall specify the date and time of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to Tenant in the event of an emergency, in which case Landlord WARNER CENTER TOWERS [Health Net, Inc.] Warner Center III\Health Net\JS\December 22, 2003 Initial Initial Initial Initial shall provide Tenant with notice of such entry promptly thereafter. Tenant acknowledges that Landlord shall have no obligation to provide janitorial service to any such Secured Areas except to the extent Tenant authorizes and permits access thereto for such purposes.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

ENTRY BY LANDLORD. 17.1 Landlord reserves shall have the right at all to enter the Premises reasonable times and upon prior reasonable first giving at least 48 hours' notice to Tenant (except no such prior in the case of an emergency, in which reasonable notice shall may be required in emergenciesless than 48 hours) to enter the Premises to: (ia) inspect them; the Premises, (iib) show exhibit the Premises to prospective purchaserspurchasers or lenders, mortgagees or ground or underlying lessors, or, 1131701.06/SF372493-00050/1-31-20/pwn/pwn -20- and during the last final twelve (12) months of the Lease Term, to prospective tenants; , (iiic) determine whether Tenant is performing all of its obligations hereunder, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility; or , and (ivf) alter, improve or repair make any repairs to the Premises or the Building if necessary to comply with current building codes or other applicable lawsPremises, or for structural alterationsmake any repairs to any adjoining space or utility services, repairs or make any repairs, alterations or improvements to any other portion of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any all such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, work shall be without the abatement of Rent and shall include the right to take such reasonable steps done as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously promptly as reasonably possible practicable and in a manner so as to cause as little interference to Tenant as reasonably possible andpracticable. So long as such entry by Xxxxxxxx does not materially adversely affect Tenant's access to and use of the Premises, to the extent practicable, shall comply with any and Tenant waives all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries injury or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned by Landlord’s entry into the Premisessuch entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (but excluding Tenant’s 's vaults, safes safes, and special security areas designated in advance writing by Tenant. In an emergencyTenant and approved in writing by Landlord in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premisesthereof.

Appears in 1 contract

Samples: Lease (Dexcom Inc)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency necessitates an immediate entry or prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) entry to provide routine janitorial services), enter the Premises to: to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserslenders, mortgagees purchasers or ground or underlying lessorstenants, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iiid) post notices of nonresponsibility; or , and (ive) alter, improve or repair the Premises or any other portion of the Building if necessary to comply Real Property. In connection with current building codes any such alteration, improvement or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23repair, Landlord may enter erect in the Premises at any timeor elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry or work entitle Tenant to an abatement of rent, without notice to constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to (A) perform janitorial and other services required liability for consequential damages or loss of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries business or profits by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposesXxxxxx; provided, however, that any Landlord shall use good faith efforts to cause all such entry, and all other entries by Landlord onto the Premises pursuant work to this Lease, shall be accomplished as expeditiously as reasonably possible and done in such a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantwithout incurring additional expense. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding Tenant’s vaults, safes except Xxxxxx's vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premisesthereof.

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

ENTRY BY LANDLORD. Upon prior notice to Tenant and subject to Tenant's reasonable security regulations, Tenant shall permit Landlord reserves and his agents to enter into and upon the right Premises at all reasonable times times, and upon prior reasonable notice without any rent abatement or reduction or any liability to Tenant (except no such prior notice shall be required in emergencies) 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 twelve (12) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises thereby occasioned, for the 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) showing the Premises to Landlord's or the Master Landlord's existing or potential successors, purchaser, and lenders. Tenant shall permit Landlord and his agents, at any other loss occasioned by Landlord’s entry into time within one hundred seventy (180) days prior to the PremisesExpiration Date (or at any time during the Lease if Tenant is in default hereunder beyond any applicable cure period), to place upon the Premises "For Lease" signs and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. For each of the above purposesThe foregoing notwithstanding, Landlord and its agents: (i) shall not enter the Premises without first giving twenty-four (24) hours notice to Tenant of such entry except in the case of emergency, (ii) shall be accompanied by an employee of Tenant at all times have a key with which to unlock all the doors while in the Premises, excluding (iii) shall comply with Tenant’s vaults, safes and special 's 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 procedures applicable to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described , and (iv) 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 unreasonably interfere with Tenant's use of the Premises.

Appears in 1 contract

Samples: Network Equipment Technologies Inc

ENTRY BY LANDLORD. Landlord reserves the right at At all reasonable times and upon after 24 hours prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies, in which case no notice is required) Landlord shall have, the right to enter the Premises to: (i) to inspect them; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, mortgagees lenders, or ground tenants and to post "For Rent" or underlying lessors, or, "For Sale" or other signs relative to the same (provided that Landlord shall not exhibit the Premises to prospective tenants or post "For Rent" signs except during the last twelve (12) six months of the Lease Term, prospective tenants); (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or and to repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsPremises, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, all without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent except to the extent of any actual interference with Tenant's use of the Premises; and shall include may erect scaffolding and other necessary structures in or through the right Premises where reasonably required by the character of the work to take such reasonable steps as required to accomplish the stated purposesbe performed; provided, however, however that any such entry, and all other entries by Landlord onto the Premises pursuant shall endeavor not to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference unreasonably interfere with Tenant’s business, lost profits, any loss 's use of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, other than any secured areas identified to Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premisesadvance. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the PremisesPremises or any portion thereof. Landlord shall also have the right at any time to change the arrangement or location of entrances or passageways, doors and doorways, 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 from to any portion damages or reduction of the PremisesRent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Logic Devices Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to may enter the Premises at reasonable hours and upon reasonable notice (but at any time without notice in an emergency) to: (ia) inspect themthe same; (iib) show exhibit the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessorstenants (provided, or, Landlord may only exhibit the space to prospective tenants during the last twelve (12) months of the term of this Lease; provided, further, if Tenant exercises Tenant’s right to terminate this Lease Termunder Section 2.4, Landlord may immediately thereafter exhibit the space to prospective tenants); (iiic) determine whether Tenant is complying with all of its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant hereunder or to any other tenant of the Building; (e) post notices of nonresponsibility; and (f) make repairs required of Landlord under the terms hereof or (iv) altermake repairs to any adjoining space or utility services or make repairs, 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 alterations or improvements to any other portion of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any all such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, work shall be accomplished as expeditiously as reasonably possible and in a manner done so as to cause as little avoid unnecessary unreasonable interference to Tenant as if reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpossible. Tenant hereby waives any claims claim for damages or termination for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisessuch entry.

Appears in 1 contract

Samples: Cobalt Building Lease (Zulily, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than one (1) business day prior reasonable notice to Tenant (except no such prior which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessorslessors or insurers, or, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or perform Landlord’s maintenance and repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessaryobligations under this Lease. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform beyond any applicable notice and cure period expressly set forth herein. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with such entries into the Premises and shall comply with Tenant’s reasonable security measures.

Appears in 1 contract

Samples: Office Lease (Audience Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to the Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors, or, during the last twelve nine (129) months of the Lease Term, prospective tenantsunderlying lessors; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or 0000 Xxxxx Xxxxxx Genworth Financial Wealth Management, Inc. repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) with reasonable prior notice, perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated from time to time in advance writing by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Office Lease (AssetMark Financial Holdings, Inc.)

ENTRY BY LANDLORD. Landlord (or Landlord’s property manager) reserves the right at all reasonable times and upon not less than 48 hours’ prior reasonable written notice to Tenant (except in the case of an emergency, in which case no such prior notice shall be required in emergenciesrequired) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors, or, lessors or insurers; (iii) during the last twelve final nine (129) months of the Lease Term, to show the Premises to prospective tenants; (iiiiv) post notices of nonresponsibility; or (ivv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord (or Landlord’s property manager) may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease Default by Tenant in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform where such failure continues beyond the expiration of any applicable notice or cure period. Any Landlord (or Landlord’s property manager) may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent (except as specifically set forth in Section 19.6.2 above) and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Tenant shall have the right to have a representative present during any entry of Landlord into the Premises under this Lease, provided Landlord’s entry is not unreasonably delayed. Subject to the terms of Section 19.6 and Section 29.13, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s business during any such work and be responsible for all damages to the extent resulting from the grossly negligent acts of its representatives, agents and contractors during any entry, and Landlord shall promptly restore the Premises to its condition as existed prior to such entry.

Appears in 1 contract

Samples: Office Lease (Xponential Fitness, Inc.)

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ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon at least 24 hours prior reasonable notice to Tenant or verbal authorization by Xxxxxx (except no such prior notice shall be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to (x) prospective purchasers, mortgagees or ground or underlying lessors, or, (y) prospective tenants during the last twelve six (126) months of the Lease Term, or (z) current or prospective tenantsmortgagees, ground or underlying lessors or insurers; (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 lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary's systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other 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 Xxxxxx fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Multi (Aehr Test Systems)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice (not less than 48 hours prior notice for Landlord’s entry into the laboratory areas within the Premises) to Tenant (except no such prior notice shall be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors, lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as 's systems and equipment. Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at make any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, including, without limitation, as expressly set forth in Section 19.5, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. 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. 28. TENANT PARKING Tenant shall have the right to use the amount of parking set forth in Section 9 of the Summary at no cost to Tenant (other than those costs included within Direct Expenses) during the Lease Term and any Option Term, 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 parking facility where the parking passes are located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the parking facilities), and shall cooperate in seeing that Tenant's employees and visitors also comply with such rules and regulations. Tenant's use of the Project parking facility shall be at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant's, its employees' and/or visitors' use of the parking facilities.

Appears in 1 contract

Samples: Torrey Pines Science Center (Brooklyn ImmunoTherapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or tenants, mortgagees or to current or prospective mortgagees, ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenantslessors or insurers; (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 lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary's systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease lease in the manner provided herein; and (C) perform any covenants of the Tenant which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of, and access to, the Premises in connection with any entry made pursuant to this Article 27.

Appears in 1 contract

Samples: Office Lease (Corgentech Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, contractors and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to representatives, may enter the Premises to: (i) inspect them; (ii) Building with not less than 48 hours advance written notice, to show the Building and the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during (which may not occur except in the last twelve nine (129) months of the Lease TermTerm of this Lease), prospective tenants; (iii) to inspect or clean and make repairs, alterations or additions to the Building as required or permitted under the terms of this Lease, to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or non-responsibility and to inspect and examine the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to and see that the Building, or as Landlord may otherwise reasonably desire or deem necessarycovenants of this Lease are being kept and performed. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entriescontrary, and all other entries by Landlord onto the Premises pursuant to this Leaseso long as it is not an emergency, shall be without the abatement of Rent and shall include Tenant hereby reserves the right to take such reasonable steps as required deny access to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. 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 portions of the Premisesfirst (1st) floor of the Building, and any where Landlord acknowledges, Tenant is conducting laboratory functions. Except in emergencies or to provide other loss occasioned by Landlord’s Building services after normal business hours, Landlord shall provide Tenant with reasonable prior written notice of entry into the PremisesBuilding, which may be communicated in writing, via electronic mail or otherwise. For each Solely if reasonably necessary for the protection and safety of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes Tenant and special security areas designated in advance by Tenant. In an emergencyits employees, Landlord shall have the right to use any means that temporarily close all or a portion of the Premises to perform repairs, alterations and additions. Entry by Landlord may deem proper shall not constitute constructive eviction or entitle Tenant to open the doors in and an abatement or reduction of Rent. Notwithstanding anything to the Premises. Any contrary, Tenant may require Landlord, Landlord’s agents, employees, vendors or guests (i) to provide sufficient governmental identification per individual at the time of entry into the Premises Building, and (ii) to abide by Landlord in such reasonable rules, regulations and procedures as Tenant may from time to time establish with respect to entry, including limitation as to time of entry, purpose of entry, and controls by Tenant with respect to the manner hereinbefore described shall not be deemed conduct of such entry, including accompaniment by designated representatives of Tenant. In addition, Tenant may limit access 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 portions of the PremisesBuilding which, at the time of scheduled entry by any of the foregoing parties, may disrupt Tenant’s ongoing business activities.

Appears in 1 contract

Samples: Office Lease Agreement (OncoCyte Corp)

ENTRY BY LANDLORD. The Landlord reserves may enter the right Premises or Building at all reasonable times and hours, upon prior reasonable 24 hours notice to Tenant to (except no such prior notice shall be required in emergencies) to enter the Premises to: (ia) inspect them; the same, (iib) show the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessorstenants, or(c) determine whether Tenant is complying with all of Tenant's obligations hereunder, during the last twelve (12) months of the Lease Term, prospective tenants; (iiid) post notices of nonresponsibility; non- responsibility or (ive) altermake repairs required of Landlord under the Lease, improve repairs to adjoining space or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsutility service, or for structural alterationsmake repairs, repairs alterations or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any that all such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, work shall be without the abatement of Rent and shall include the right to take such reasonable steps done as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished promptly as expeditiously as reasonably possible and in a manner so as to cause with as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpossible. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss Premises occasioned by Landlord’s entry into the Premisessuch entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all doors in, on or about the doors in the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by Tenant). In the event of an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the doors in and to enter the Premises, without notice, for the limited purpose of abating as possible said emergency. Any entry into the Premises by Landlord in the manner hereinbefore described Such emergency entrance shall not be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisesthereof.

Appears in 1 contract

Samples: Lease (Bui Inc)

ENTRY BY LANDLORD. The Landlord reserves may enter the right Premises or Building at all reasonable times hours and upon prior reasonable 24 hours written notice to Tenant to (except no such prior notice shall be required in emergencies) to enter the Premises to: (ia) inspect them; the same, (iib) show the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessorstenants, or(c) determine whether Tenant is complying with all of Tenant's obligations hereunder, during the last twelve (12) months of the Lease Term, prospective tenants; (iiid) post notices of nonresponsibility; non-responsibility or (ive) altermake repairs required of Landlord under the Lease, improve repairs to adjoining space or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsutility service, or for structural alterationsmake repairs, repairs alterations or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any that all such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, work shall be without the abatement of Rent and shall include the right to take such reasonable steps done as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished promptly as expeditiously as reasonably possible and in a manner so as to cause with as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpossible. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss Premises occasioned by Landlord’s entry into the Premisessuch entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all doors in, on or about the doors in the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by Tenant). In the event of an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the doors in and to enter the Premises, without notice, for the limited purpose of abating as possible said emergency. Any entry into the Premises by Landlord in the manner hereinbefore described Such emergency entrance shall not be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisesthereof.

Appears in 1 contract

Samples: Commercial Lease (Tenfold Corp /Ut)

ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice which shall be required not less than two (2) Business Days except if a shorter notice or no notice is appropriate in emergencieslight of the circumstances if there is an emergency) to enter the Leased Premises toat all reasonable business hours (and at all other times in the event of an emergency), accompanied by a representative of Tenant if Tenant so requests: (a) for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) for the purpose of showing the Leased Premises to prospective purchasers and mortgagees and, at any time within six (6) months prior to the expiration of the Term of this Lease, for the purpose of showing the same to prospective tenants. No such entry shall constitute an eviction of Tenant, but any such entry shall be done by Landlord in such reasonable manner as to minimize any disruption of Tenant's business operation. The foregoing notwithstanding, Landlord, by execution of this Lease, agrees and acknowledges that Tenant's primary business is the conduct of affairs and business of a financial institution and confidentiality and privacy is statutorily mandated upon certain information and records that may be located within the Leased Premises from time to time. Accordingly, in connection with any entry into the Leased Premises pursuant to this Xxxxxxxxx 00, Xxxxxxxx covenants and agrees with Tenant to undertake commercially reasonable efforts to maintain and preserve the privacy and confidentiality of such information and records. Landlord' failure to discharge and abide by this covenant and undertaking shall constitute a breach of this Lease, entitling Tenant to pursue an action for damages against Landlord, it being understood that in no event shall Tenant be entitled to terminate this Lease or effect any offsets against any Rent payable hereunder. No Usury The intention of the parties being to conform strictly to the applicable usury laws, whenever any provision herein provides for payment by Tenant to Landlord of interest at a rate in excess of the legal rate permitted to be charged, such rate herein provided to be paid shall be deemed reduced to such legal rate. Financial Statements Tenant shall submit to Landlord and Lenders, either in print or in electronic form, the following financial statements, all of which must be prepared in accordance with generally accepted accounting principles consistently applied: (i) inspect them; quarterly financial statements for Tenant, within forty-five (45) days after the end of each fiscal quarter of Tenant during the Term, and (ii) show annual financial statements for Tenant, audited by an independent certified public accountant, within ninety (90) days after the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, end of each fiscal year of Tenant during the last twelve Term. For as long as Tenant shall be a publicly listed company and is required to file quarterly and annual statements with the SEC, then Tenant shall submit to Landlord and Lenders (12) months in satisfaction of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease requirements set forth in the manner provided herein; and preceding sentence), within ten (C10) perform any covenants days of Tenant which Tenant fails to perform. Any such entriesbeing filed with the SEC, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements copies of Tenant. 's forms 10Q and 10K (it being understood that so long as such forms have been filed with XXXXX, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. 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 have satisfied all of the Premisesrequirements set forth in the foregoing sentences).

Appears in 1 contract

Samples: Lease (Old National Bancorp /In/)

ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times times, and upon at least one (1) Business Day's advance written notice (provided that no advance notice need to be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) entry to provide routine janitorial services), enter the Premises to: to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserslenders, mortgagees or ground or underlying lessors, purchasers or, during the last twelve eighteen (1218) months of the Lease Term, prospective tenants; , (iiid) post notices of nonresponsibility; or non-responsibility, and (ive) alter, improve or repair the Premises or any other portion of the Building if necessary to comply Real Property. In connection with current building codes any such alteration, improvement or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23repair, Landlord may enter erect in the Premises at any timeor elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided below, without notice in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to (A) perform janitorial and other services required of Landlord, (B) take possession due cause all such work to any breach of this Lease be done in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, subject to Paragraph 17.f. above, and except to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profitsan emergency requires otherwise (as reasonably determined by Landlord), any loss extraordinarily noisy or disruptive work shall be performed after Business Hours or on weekends. If any such entry or work is necessitated due to reasons within Landlord's reasonable control and continues for ten (10) or more consecutive Business Days after Tenant's written notice thereof to Landlord, and during the period of occupancy entry or quiet enjoyment work all or a material part of the PremisesPremises are rendered unusable by such entry or work so that Tenant is unable to conduct its business in the Premises in substantially the manner as it was conducted in the Premises prior to such entry or work, and Tenant does not conduct any other loss occasioned business in such part of the Premises so rendered unusable, then commencing as of the expiration of such ten (10) consecutive Business Day period, Tenant shall be entitled to an abatement of Monthly Rent under Paragraph 5 hereof and Additional Rent under Paragraph 7 hereof, which abatement shall be based on the portion of the Premises rendered unusable for Tenant's business by such entry or work. The prior sentence is inapplicable to Landlord’s 's entry into the PremisesPremises or work within the Premises that is necessitated due to (x) damage caused by fire or other casualty where such damage is governed by Paragraph 26 or (y) damage caused by the negligence or willful misconduct of Tenant or Tenant's agents, employees or contractors, or (z) any interruption in, or failure or inability to provide to Tenant any services or utilities, where such interruption, failure or inability is governed by Paragraph 17.e. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is reasonably necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premisesthereof.

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

ENTRY BY LANDLORD. Landlord reserves the right and its employees and agents shall at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) have the right to enter the Premises to: (i) to inspect them; (ii) show the same, to supply any service required to be provided by Landlord to Tenant under this Lease, to exhibit the Premises to prospective purchasers, mortgagees lenders or ground purchasers (or underlying lessors, or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) ), to post notices of nonresponsibility; or (iv) non-responsibility, and/or to alter, improve or repair the Premises or the Building if necessary to comply with current building codes or any other applicable laws, or for structural alterations, repairs or improvements to portion of the Building, all without being deemed guilty of or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to liable for any breach of this Lease in the manner provided herein; and (C) perform Landlord's covenant of quiet enjoyment or any covenants eviction of Tenant which Tenant fails to perform. Any such entriesTenant, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and rent. In exercising such entry rights, Landlord shall include the right endeavor to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible andminimize, to the extent reasonably practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or the interference with Tenant’s 's business, lost profitsand shall provide Tenant with reasonable advance written notice of such entry (except in emergency situations and for providing scheduled services, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesif any). For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that which Landlord may deem proper to open the Tenant's doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by Landlord except, subject to the Premisesprovisions of Section 22.1, to the extent of Landlord's gross negligence or willful misconduct.

Appears in 1 contract

Samples: HNC Software Inc/De

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: (i) at reasonable times during normal business hours and at any time in case of an emergency to inspect themthe same to determine whether Tenant is complying with its obligations hereunder; (ii) show to supply janitorial service and any other service to be provided by Landlord hereunder; and, upon reasonable notice to Tenant, may exhibit the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) to post notices of nonresponsibility; or (iv) and to alter, improve or repair the Premises or and any portion of the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any timeand Project, without notice to Tenantabatement of rent, to (A) perform janitorial and may for that purpose erect scaffolding and other services necessary structures that are reasonably required by the character of the work to be performed by Landlord, (B) take possession due to any breach of this Lease in provided that the manner provided herein; and (C) perform any covenants business of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall not be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply interfered with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesunreasonably. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults's vaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and to the Premisesevent of an emergency. Any entry into to the Premises or portions thereof obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive eviction constructive, of Tenant from the Premises, or any portion thereof. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business and any loss of occupancy or quiet enjoyment of the PremisesPremises by reason of Landlord's exercise of its right of entry in accordance with this Section 11, and Tenant shall not be entitled to an abatement or reduction of rent in connection therewith.

Appears in 1 contract

Samples: Office Lease (Colo Com)

ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) have, the right to enter the Premises to: (i) to inspect them; the Premises, (ii) to supply services to be provided by Landlord hereunder, (iii) to show the Premises to prospective purchasers, mortgagees purchasers or ground or underlying lessors, orlenders and to put “for sale” signs thereon and, during the last twelve six (126) months of the Lease Termlease term, to show the Premises to prospective tenants; (iii) post notices of nonresponsibility; or tenants and to put “for lease” signs thereon, (iv) alterto post notices required or allowed by this Lease or by law, improve (v) to perform such alterations or repair repairs that are Landlord’s obligation under the Lease, and (vi) to erect scaffolding and other necessary structures outside of Premises or where reasonably required by the Building if necessary character of the work to comply with current building codes be performed. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial damage arising from Landlord’s entry and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises acts pursuant to this Lease, paragraph and Tenant shall not be without the entitled to an abatement or reduction of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that rent if Landlord exercises any such entry, and all other entries by Landlord onto the Premises pursuant to rights reserved in this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesparagraph. For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on and about the Premises, Premises (excluding Tenant’s vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into by Landlord to the Premises by Landlord in the manner hereinbefore described pursuant to this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion thereof. Notwithstanding the foregoing, (i) Landlord and Landlord’s agents shall give reasonable prior notice of any entry into the PremisesPremises (other than in an emergency), (ii) comply with Tenant’s reasonable security measures in any such entry and (iii) Landlord shall use reasonable efforts to minimize any interference with Xxxxxx’s business operations resulting from entry by Landlord or Landlord’s agents.

Appears in 1 contract

Samples: Lease (Hemosense Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, tenants during the last twelve seven (127) months of the Lease Term, or to current or prospective tenantsmortgagees, ground or underlying lessors or insurers; (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 lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary's systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesin accordance with this Lease. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Gadzoox Networks Inc)

ENTRY BY LANDLORD. Landlord reserves the right right, but shall have no obligation, and Tenant shall permit Landlord, its agents and representatives, to enter into and upon any part of the Premises at all reasonable times hours (and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergenciesemergencies at all times) to enter inspect the Premises to: (i) inspect themcondition, occupancy or use; (ii) to show the Premises to prospective purchasers, mortgagees mortgagees, tenants or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) post notices of nonresponsibilityinsurers; or (iv) alterto clean or make repairs, improve alterations or repair additions to the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entriesProperty, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include have the right to take and store any necessary equipment and materials therein during such reasonable steps as required to accomplish the stated purposes; providedrepairs, however, that any such entryalterations, and all other entries additions. Tenant shall not be entitled to any abatement or reduction of rent by Landlord onto the Premises pursuant to reason of this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements right of Tenantentry. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or [LANDLORD'S INITIALS ______] [TENANT'S INITIALS ______] interference with with, Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open the doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises. Any entry into the Premises or portions thereof obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion thereof. Except in the case of the Premisesemergency, Landlord and its agents shall be accompanied by Tenant or its agents, and Tenant shall make itself or its agents available for such purpose on demand during Required Business Hours.

Appears in 1 contract

Samples: Florida Retail Lease Agreement (Family Steak Houses of Florida Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable at least 48 hours’ advance written notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or mortgagees, or to the ground or underlying lessors, orlessors and, during the last twelve (12) months year of the Lease Term, to prospective tenants; (iii) post reasonable and customary notices of nonresponsibility; or and/or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Building which Landlord may otherwise reasonably desire or deem necessaryis required to perform under this Lease. Notwithstanding anything to the contrary contained in this Article 2322, Landlord may enter the Premises at any time, without notice to Tenant, time to (Aa) perform janitorial and other regularly scheduled services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (Cb) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided. Subject to Landlord’s indemnity of Tenant in Section 10.1.2 above, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. 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. Notwithstanding anything to the contrary set forth above, Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises as a result of Landlord’s exercise of its entry rights under this Article 22.

Appears in 1 contract

Samples: Lease Agreement (Zendesk, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right and its employees and agents shall at all reasonable times and upon prior giving Tenant reasonable notice of its election to Tenant do so (except in case of an emergency and to perform regularly scheduled services in which event no such prior notice shall be required in emergencies) required), have the right to enter the Premises to: (i) to inspect them; (ii) show the same, to supply any service required to be provided by Landlord to Tenant under this Lease, to exhibit the Premises to prospective purchasers, mortgagees lenders or ground purchasers (or underlying lessors, or, during the last twelve (12) months year of the Lease TermTerm or during any Default by Tenant, to prospective tenants; (iii) ), to post notices of nonresponsibility; or (iv) , and/or to alter, improve or repair the Premises or any other portion of the Building if necessary to comply with current building codes or other applicable lawsProperty, all without being deemed guilty of or liable for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform Landlord’s covenant of quiet enjoyment or any covenants eviction of Tenant which Tenant fails to perform. Any such entriesTenant, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent Rent. In exercising such entry rights, Landlord shall comply with Tenant’s reasonable security measures (of which Landlord is informed in advance) and shall include the right endeavor to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible andminimize, to the extent reasonably practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or the interference with Tenant’s business, lost profits, any loss and shall provide Tenant with one (1) business day advance notice (oral or written) of occupancy or quiet enjoyment of the Premises, such entry (except in emergency situations and any other loss occasioned by Landlord’s entry into the Premisesfor scheduled services). For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaultsvaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described pursuant to this Article 24 by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of the PremisesRent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by Landlord.

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable twenty-four (24) hours notice to Tenant (except no such prior notice shall be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors, lessors or insurers or, during the last twelve nine (129) months of the Lease Term, 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 lawsPremises, or for structural alterations, repairs or improvements to the Premises or the Building, or as Landlord may otherwise reasonably desire or deem necessary’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. 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 OAKMEAD WEST ShoreTel, Inc. open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (ShoreTel Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than one (1) day’s prior reasonable notice to Tenant which may be given by telephone or electronic mail (except no such prior notice shall be required in emergenciesthe case of an emergency or with respect to regularly scheduled services) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors, lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment and installing additional shafts, risers and raceways for the tenants or occupants of the floor beneath the applicable floor of the Premises, provided Landlord will coordinate with Tenant the locating of any such shaft, riser or raceway so as to minimize any inconvenience or impact to Tenant’s use of the area designated for such shaft, riser or raceway. Provided that Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything employs commercially reasonable efforts to minimize interference with the contrary contained conduct of Tenant’s business in this Article 23connection with entries into the Premises, Landlord may enter the Premises at make any time, such entries without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries creating a default by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilet, or other public parts of the Building (not including the Premises) and to change the name, address, number or designation by which the Premises is commonly known, provided any such change does not (A) unreasonably reduce, interfere with or deprive Tenant of access to the Premises, or (B) reduce the rentable area (except by a de minimis amount) of the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises and the Base Rent (and any other item of Rent) shall under no circumstances xxxxx while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord’s agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord’s agents shall accord reasonable care under the circumstances to Tenant’s Property, and without in any manner affecting this Lease. Tenant shall, at all times during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or other means necessary to access the Premises.

Appears in 1 contract

Samples: Sova Science District (Conatus Pharmaceuticals Inc.)

ENTRY BY LANDLORD. Subject to Tenant's reasonable security requirements, Landlord reserves the right at all reasonable times and upon reasonable prior reasonable notice to Tenant (except in the case of an emergency in which case no such prior notice shall be required in emergenciesrequired) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve nine (129) months of the Lease Term, to prospective tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary's systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other 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, following any applicable notice and cure period set forth herein. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Notwithstanding anything to the contrary contained herein, in connection with any entry into the Premises by Landlord pursuant to this Article 27, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of, and access to, the Premises.

Appears in 1 contract

Samples: Office Lease (Schuler Homes Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) 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 twelve (12) months of the Lease Term, 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, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23Article, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenantpossible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s 's entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency-25- CARMEL XXXXXXXXX XXXXX [XXX Xxxutions, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.Inc.]

Appears in 1 contract

Samples: Office Lease (PDF Solutions Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable at least 48 hours' advance written notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or mortgagees, or to the ground or underlying lessors, orlessors and, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or and/or (iv) alter, improve or repair the Premises or the Building Buildings if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Buildings which Landlord may otherwise reasonably desire or deem necessaryis required to perform under this Lease. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other regularly scheduled services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (CB) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent (except as expressly provided in Section 6.5 of this Lease) and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided. Subject to Landlord's indemnity of Tenant in Section 10.1.2 above, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding anything to the contrary set forth above, Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises as a result of Landlord's exercise of its entry rights under this Article 23.

Appears in 1 contract

Samples: Office Lease (Foundation Health Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) have, the right to enter the Premises to: (i) to inspect them; the Premises, (ii) to supply services to be provided by Landlord hereunder, (iii) to show the Premises to prospective purchasers, mortgagees lenders or ground tenants and to put “for sale” or underlying lessors“for lease” signs thereon, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) post notices of nonresponsibility; or (iv) to post notices required or allowed by this Lease or by law, (v) to alter, improve or repair the Premises and any portion thereof, and (vi) to erect scaffolding and other necessary structures in or through the Building if necessary Premises where reasonably required by the character of the work to comply with current building codes be performed. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial damage arising from Landlord’s entry and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises acts pursuant to this Lease, paragraph and Tenant shall not be without the entitled to an abatement or reduction of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that rent if Landlord exercises any such entry, and all other entries by Landlord onto the Premises pursuant to rights presented in this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesparagraph. For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on and about the Premises, Premises (excluding Tenant’s vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into by Landlord to the Premises by Landlord in the manner hereinbefore described pursuant to this paragraph 14 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the premises or any portion thereof. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least twenty-four (24) hours’ prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Except in emergencies, Landlord will not close the Premises if the repairs or services Landlord seeks to perform can reasonably be completed on weekends and/or after normal business hours.

Appears in 1 contract

Samples: Sublease (Telik Inc)

ENTRY BY LANDLORD. Subject to Tenant’s reasonable security requirements (which may include, in addition to other requirements, requiring each person entering the Leased Premises (i) to execute a confidentiality agreement in substantially the form attached hereto as Exhibit E, (ii) to refrain from taking any photos or video or audio recording in the Leased Premises in areas restricted by Tenant, and (iii) to be accompanied by Tenant’s representatives), Landlord reserves and its authorized representatives shall have the right at all upon reasonable times and upon prior reasonable advance written notice to Tenant (except no such prior notice which shall be required not less than two (2) Business Days except in emergenciesthe case of emergency (in which event Landlord may give Tenant shorter notice in any manner that is reasonable under the circumstances) to enter the Leased Premises to: at all reasonable business hours (iand at all other times in the event of an emergency to the extent reasonably necessary under such circumstances): (a) inspect them; for the purpose of inspecting the same or for the purpose of doing any work under Paragraph 11(c), and may take all such action thereon as may be necessary or appropriate for any such purpose (iibut nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (b) show for the purpose of showing the Leased Premises to prospective purchasers, lenders and mortgagees or ground or underlying lessorsand, or, during the last twelve at any time within nine (129) months prior to the expiration of the Lease Term, prospective tenants; (iii) post notices Term of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, for the purpose of showing the same to prospective tenants (in each case, subject to Tenant’s reasonable security requirements as described above). No such entry shall constitute an eviction of Tenant, but any such entry shall be without the abatement of Rent and shall include the right to take done by Landlord in such reasonable steps manner as required to accomplish minimize any disruption of Tenant’s business operation. Landlord agrees to assume liability for, and to indemnify, protect, defend, save and keep harmless Tenant and its Affiliates and their respective officers, directors, employees, representatives, shareholders, members or other equity owners, from and against, any and all Claims, whether asserted during or after the stated purposes; provided, howeverTerm, that may be suffered, imposed on or asserted against any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, parties to the extent practicable, shall comply with arising out of any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. 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 Leased Premises by Landlord in or its authorized representatives or any prospective purchasers, lenders and mortgagees for any reason other than the manner hereinbefore described shall not be deemed occurrence and continuance of an Event of Default, except to be a forcible the extent such Claims result from any negligence or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction willful misconduct of Tenant from any portion of the Premisesor its representatives.

Appears in 1 contract

Samples: Lease Agreement (DreamWorks Animation SKG, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon at least twenty-four (24) hours prior reasonable notice to Tenant (except no such prior notice shall be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessorslessors or insurers, or, or during the last twelve six (126) months of the Lease Term, 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 lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary's systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other recurring services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided hereinherein and as permitted by applicable law; (C) conduct testing for or remove any Hazardous Materials; and (CD) perform any covenants of Tenant which Tenant fails to perform. Any Landlord shall use commercially reasonable efforts to minimize disruption to Tenant's business operations during any such entries, entry and all other shall comply with Tenant's reasonable security measures in connection with any such entry. Landlord may make any such entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (TrueCar, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) have, the right to enter the Premises to: (i) to inspect them; the Premises, (ii) to supply services to be provided by Landlord hereunder, (iii) to show the Premises to prospective purchasers, mortgagees lenders or ground tenants and to put 'for sale' or underlying lessors'for lease' signs thereon, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) post notices of nonresponsibility; or (iv) to post notices required or allowed by this lease or by law, (v) to alter, improve or repair the Premises and any portion of the Project, and (vi) to erect scaffolding and other necessary structures in or through the Premises or the Building if necessary Project where reasonably required by the character of the work to comply with current building codes be performed. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial damage arising from Landlord's entry and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises acts pursuant to this Lease, paragraph and Tenant shall not be without the entitled to any abatement or reduction of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that rent if Landlord exercises any such entry, and all other entries by Landlord onto the Premises pursuant to rights reserved in this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesparagraph. For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on and about the Premises, Premises (excluding Tenant’s Tenants vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into by Landlord to the Premises by Landlord in the manner hereinbefore described pursuant to this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of thereof. Landlord shall also have the Premisesright at any time to change the name, number or designation by which the Project is commonly known.

Appears in 1 contract

Samples: Sublease Agreement (Novellus Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and right, upon 24 hours’ prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) the case of emergency), 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 twelve (12) months of the Lease Term, prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2322, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to (A) perform janitorial and or other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, . Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding anything to the contrary in this Article 22 to the contrary, (A) Landlord agrees to use commercially reasonable efforts (except in an emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry permitted under this Article 22, and (B) absent an emergency, or Landlord’s entry to perform its obligations under this Lease, Landlord shall use commercially reasonable efforts to schedule any construction work to be performed in the Premises after the business hours set forth in Section 6.1.1 above.

Appears in 1 contract

Samples: Lease Termination Agreement (St Francis Medical Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right to enter the Leased Premises at all reasonable times and upon prior reasonable twenty four (24) hours notice (except in the case of an emergency), to inspect the same, to supply janitorial service and other services to be provided by Landlord to Tenant (except no such prior notice shall be required in emergencies) hereunder, to enter submit the Premises to: (i) inspect them; (ii) show the Leased Premises to prospective purchasers, mortgagees purchasers or ground or underlying lessors, or, (during the last twelve six (126) months of the Lease Termterm only) tenants, prospective tenants; (iii) to post notices of nonresponsibility; or (iv) non-responsibility, and to alter, improve or repair the Leased Premises or and any portion of the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to of which the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Leased Premises at any timeare a part, without notice to Tenantabatement of Annual Basic Rent or Additional Rent, to (A) perform janitorial and may for that purpose erect scaffolding and other services necessary structures where reasonably required by the character of Landlordthe work to be performed, (B) take possession due to any breach of this Lease in always providing that access into the manner provided herein; Leased Premises shall not be blocked thereby, and (C) perform any covenants further providing that the business of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall not be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply interfered with any and all reasonable security and safety requirements of Tenantunreasonably. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Leased Premises or any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in in, upon or about the Leased Premises, excluding Tenant’s vaults's vaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency in order to obtain entry to the Leased Premises. Any , and any entry into to the Leased Premises obtained by Landlord in the manner hereinbefore described by any such means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, Leased Premises or an actual or constructive eviction of Tenant from all or any portion of the Leased Premises. Nothing in this Article 17 shall be construed as obligating Landlord to perform any ---------- repairs, alterations or maintenance except as otherwise expressly required elsewhere in this Lease. Notwithstanding anything to the contrary in this Lease, any entry by Landlord and Landlord's agents shall not impair Tenant's operations more than reasonably necessary, and shall comply with Tenant's reasonable security measures.

Appears in 1 contract

Samples: Office Lease (CBT Group PLC)

ENTRY BY LANDLORD. 18.1 Landlord reserves and shall at all times have the right to enter the Premises at all reasonable times and upon prior reasonable notice to Tenant (except in cases of emergency or in the provision of services under this Lease, in which cases no such prior notice shall need be required in emergenciesgiven) to enter inspect the Premises to: (i) inspect them; (ii) same, to supply any service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, mortgagees or ground or underlying lessorstenants, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) to post notices of nonresponsibility; or (iv) non-responsibility, and to alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to and any portion of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entryor Additional Charges, and all may for that purpose erect, use and maintain scaffolding, pipes, conduits and other entries by Landlord onto necessary structures in and through the Premises pursuant where reasonably required by the character of the work to this Leasebe performed, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, provided that the entrance to the extent practicablePremises shall not be blocked thereby, and further provided that the business of Tenant shall comply not be interfered with any and all reasonable security and safety requirements of Tenantunreasonably. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above aforesaid purposes, Landlord shall at all ail times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults's vaults and safes, safes and or special security areas (designated in advance by Tenant. In an emergencyadvance), and Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open the said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises. Any entry into the Premises or portions thereof obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer detailer of, the Premises, or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premisesthereof.

Appears in 1 contract

Samples: Office Lease (Andromedia Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon twenty-four (24) hours prior reasonable notice to Tenant (except that no such prior notice shall be required in emergenciesthe case of an emergency or regularly scheduled service (such as janitorial)) to the Tenant to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) post or serve notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building Building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as . Tenant shall be permitted to have a representative of Tenant present during any entry by Landlord and which representative may otherwise reasonably desire or deem necessaryaccompany Landlord during such entry. Landlord agrees to comply with any reasonable security requirements of Tenant and any requirements regarding any clean rooms located within the Premises of which Landlord has been notified and which Tenant’s representative points out during any entry by Landlord. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, ; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform; or (D) to address an emergency. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent Rent, shall not be deemed an unlawful entry, or an actual or constructive eviction, and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by thereby. Landlord will use commercially reasonable efforts to minimize any interference with tenant’s business operations as a result of Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which pursuant 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 Premisesthis Article 27.

Appears in 1 contract

Samples: Office Lease (Planar Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) have, the right to enter the Premises to: premises (i) to inspect them; the Premises, (ii) to supply services to be provided by Landlord hereunder, (iii) to show the Premises with reasonable advance notice of not less than 24 hours to prospective purchasers, mortgagees lenders or ground tenants and to put "for sale" or underlying lessors"for lease" signs thereon, or, during the last twelve (12) months of the Lease Term, prospective tenants; (iii) post notices of nonresponsibility; or (iv) to post notice required or allowed by this lease or by law, (v) to alter, improve or repair the Premises and any portion of the Project, and (vi) to erect scaffolding and other necessary structures in or through the Premises or the Building if necessary Project where reasonably required by the character of the work to comply with current building codes be performed. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial damage arising from Landlord's entry and other services required of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises acts pursuant to this Lease, paragraph 14 and Tenant shall not be without the entitled to an abatement or reduction of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that rent if Landlord exercises any such entry, and all other entries by Landlord onto the Premises pursuant to rights reserved in this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesparagraph 14. For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on and about the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into by Landlord to the Premises by Landlord in the manner hereinbefore described pursuant to this paragraph 14 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premisesthereof.

Appears in 1 contract

Samples: Entire Agreement (Commtouch Software LTD)

ENTRY BY LANDLORD. Landlord reserves the right and shall at any and all reasonable times and upon at least twenty-four (24) hours prior reasonable notice to Tenant (except no such prior notice shall be required in emergenciesthe case of an emergency) have the right to enter the Premises to: (i) to supply any service to be provided by Landlord to Tenant hereunder, to inspect them; (ii) the same, to show the Premises to prospective purchasers, mortgagees lenders, or ground or underlying lessors, or, investors and during the last twelve (12) months of the Lease Term, Term or following a default by Tenant to prospective tenants; (iii) , to post notices of nonresponsibility; or (iv) non-responsibility, to alter, improve or repair the Premises or any other portion of the Building if necessary to comply with current building codes or other applicable lawsand/or the Project, as provided in Section 2.4 above, or for structural alterationsany other reasonable purpose, repairs or improvements all without being deemed guilty of any eviction of Tenant and without abatement of Rent. Landlord may, in order to the Buildingcarry out such purposes, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 23, Landlord may enter the Premises at any time, without notice to Tenant, to (A) perform janitorial erect scaffolding and other services necessary structures where reasonably required by the character of Landlordthe work to be performed, (B) take possession due to any breach of this Lease in provided that the manner provided herein; and (C) perform any covenants business of Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause interfered with as little interference to Tenant as is reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, for any loss of occupancy or quiet enjoyment of the Premises, Premises and for any other loss occasioned in, upon and about the Premises, the Building or the Project on account of Landlord’s entry or work permitted by this Article 18 or by Section 2.4 above, except to the extent caused by Landlord’s entry into the Premisesgross negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes vaults and special security areas designated in advance by Tenantsafes. In an emergency, Landlord shall have the right to use any and all means that Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, into the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of thereof, and, except to the Premisesextent caused by Landlord’s gross negligence or willful misconduct, any damages caused on account thereof shall be paid by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Cytori Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in emergenciesthe case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or tenants, mortgagees or to current or prospective mortgagees, ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenantslessors or insurers; (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 lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2327, Landlord may enter the Premises at any time, without notice to Tenant, time to (A) perform janitorial and other services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any Landlord may make any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s entry into the Premisesthereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.

Appears in 1 contract

Samples: Office Lease (Tercica Inc)

ENTRY BY LANDLORD. Landlord reserves and its agents shall have the right to enter the Premises at all reasonable times and upon prior reasonable notice for the purpose of examining or inspecting the same, to supply any services to be provided by Landlord for Tenant (except no such prior notice shall be required in emergencies) hereunder, to enter the Premises to: (i) inspect them; (ii) show the Premises same to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve (12) months purchasers of the Lease TermBuilding, prospective tenants; (iii) post notices of nonresponsibility; to make such alterations, repairs, improvements or (iv) alter, improve or repair additions to the Premises or to the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or of which they are a part as Landlord may otherwise reasonably desire deem necessary or deem necessary. Notwithstanding anything desirable, and to show the contrary contained same to prospective tenants of the Premises (provided that in this Article 23the event of a bona fide emergency, Landlord may enter the Premises at any time, without advance notice to Tenant, to (A) perform janitorial and other services required solely for the purpose of Landlord, (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of taking emergency action). Tenant which Tenant fails to perform. Any such entries, and all other entries by Landlord onto the Premises pursuant to this Lease, shall be without the abatement of Rent and shall include have the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry, and all other entries by exclude Landlord onto from entering into portions of the Premises pursuant which include proprietary information or trade secrets unless Landlord shall have signed a confidentiality agreement reasonably acceptable to this Lease, shall be accomplished as expeditiously as reasonably possible Landlord and in a manner so as to cause as little interference to Tenant as reasonably possible and, to the extent practicable, shall comply with any and all reasonable security and safety requirements of Tenant. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to injury to, or interference with with, Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned by Landlord’s such entry into or repair or service work which Landlord deems to be reasonably necessary. Landlord may for the Premisespurpose of supplying scheduled janitorial services, enter the Premises by means of a master key without liability to Tenant and without affecting this Lease. For each If, during the last sixty (60) days of the above purposesTerm hereof, Landlord Tenant shall at have removed substantially all times have a key with which to unlock all the doors in of its property from 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 immediately enter and alter, renovate and redecorate the Premises without elimination or abatement of rent or incurring liability to open Tenant for any compensation. Tenant shall not, without the prior consent of Landlord, change the locks or install additional locks on any entry door or doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.

Appears in 1 contract

Samples: Lease (Somanetics Corp)

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