ENTRY BY LANDLORD Landlord and its authorized representatives shall have the right upon reasonable notice (which shall be not less than two (2) Business Days except if a shorter notice or no notice is appropriate in light of the circumstances if there is an emergency) to enter each Leased Property at 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 such Leased Property 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 a Leased Property from time to time. Accordingly, in connection with any entry into a Leased Property pursuant to this Pxxxxxxxx 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.
