Common use of Access and Changes to Building Clause in Contracts

Access and Changes to Building. (a) Subject to the terms of clause (d) below, Landlord reserves the right, at any time, to make changes in or to the Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided that after such change access to the Premises is reasonably equivalent to that which existed prior to such change, it being agreed that the “reasonably equivalent” standard shall not apply if such changes are made in order to comply with Laws, does not affect the nature of the Project or does not eliminate any of the specific benefits granted to Tenant under this Lease. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, however, that if there are no dropped ceilings in any of the floors of the Premises, such pipes, fans, ducts, wires and conduits shall be installed in a manner consistent with any other exposed elements. In exercising its rights under this Section 5.04, Landlord shall use reasonable efforts to (1) minimize any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and (2) to not reduce the size of the Premises except to a de minimis extent. In the event that the floor space in any floor in the Premises is reduced by more than 150 square feet and the change which caused such reduction did not exclusively benefit Tenant, the Fixed Rent and Additional Charges for such floor shall be proportionately reduced. Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or discontinued at any time by Landlord.

Appears in 2 contracts

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

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Access and Changes to Building. (a) Subject to the terms of clause (d) below, Landlord reserves the right, at any time, to make changes in or to the Project (other than within the Premises except as provided in the further provisions of this Section 4.04 or elsewhere in this Lease) as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor; provided, provided that after any such change does not interfere with Tenant's reasonable access to the Premises is reasonably equivalent to that which existed prior to such change, it being agreed that the “reasonably equivalent” standard shall not apply if such changes are made in order to comply with Laws, and does not affect the first-class nature of the Project or does not eliminate Project. Nothing contained in the preceding sentence shall be deemed to relieve Landlord of any of the specific benefits granted to Tenant under its obligations expressly set forth elsewhere in this Lease. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, howeverthat the same are concealed behind walls, that if there are no dropped ceilings in any of the floors of the Premisesbelow floors, such pipes, fans, ducts, wires and conduits shall be installed in a manner consistent with any other exposed elementsor above ceilings. In exercising its rights under this Section 5.044.04, Landlord shall (i) use commercially reasonable efforts to (1) minimize including the use of overtime labor if the performance of any interference work by Landlord shall materially interfere with Tenant’s 's use of the Premises for the ordinary conduct of Tenant’s business and (2's business) to not reduce the size minimize any interference with Tenant's use of the Premises except for the ordinary conduct of Tenant's business by reason of the performance of any work by Landlord and (ii) use best efforts to a de minimis extent. In the event that the floor space in prevent any floor in permanent interference with Tenant's use of the Premises is reduced for the ordinary conduct of Tenant's business by more than 150 square feet and the reason of any installation or change which caused such reduction did not exclusively benefit Tenant, the Fixed Rent and Additional Charges for such floor shall be proportionately reducedmade by Landlord. Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without upon reasonable prior notice to Tenant, be reasonably regulated or discontinued at any time by Landlord; provided, that no other tenants in the Building shall have the right to permanently use the same in any manner more favorable than Tenant.

Appears in 1 contract

Samples: Agreement (Equitable Companies Inc)

Access and Changes to Building. (a) Subject to From and after the terms of clause (d) belowOccupancy Date, Landlord reserves the right, at any time, to make changes in or to the Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided that after any such change does not (i) deprive Tenant of reasonable access to the Premises is reasonably equivalent to that which existed prior to such changePremises, it being agreed that the “reasonably equivalent” standard shall not apply if such changes are made in order to comply with Laws, does not (ii) affect the Premises, any Dedicated Loading Bay, Tenant’s Shaft Space or the Secure Lobby Zone, (iii) adversely affect Tenant’s dedicated systems, the entrances to the Building Lobby, the Building common areas and other areas which Tenant has access to in accordance with the terms of this Lease, (iv) expand any other tenant’s or occupant’s premises into the East Lobby, (v) so long as Tenant has rights to use the East Lobby Desk pursuant to Section 16.01, affect Tenant’s access to the East Lobby Desk through the North-South Corridor, (vi) affect the first-class nature of the Project or does not eliminate any Project, including, without limitation, the first-class nature of the specific benefits granted Building Lobby. Prior to Tenant under this Leasethe Occupancy Date, Landlord shall have the right to make changes to the Base Building Construction Documents only to the extent set forth in the DCA. Notwithstanding the foregoing, Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, however, that if there (A) the same (i) are no dropped ceilings in any installed within the interior of the walls of the Premises or the floors or ceilings thereof, or within the core (subject to clause (iv) below), at Landlord’s sole cost and expense (but will not be placed in the area above the finished ceiling or below the slab (or raised floor, if same exists on such floor) unless Landlord has no reasonably practicable alternative), (ii) shall not reduce the usable area of the Premises, such pipesthe slab to slab height, fansor the ceiling height of the Premises or interfere with Tenant’s (or any Permitted User’s) systems or lighting, ducts(iii) are subject to Tenant’s (or any Permitted User’s) rights to Tenant’s Shaft Space (as hereinafter defined) under Section 4.09(a), wires and conduits (iv) shall not result in any “bump-outs” in the core corridors, (B) any entry to the Premises shall be installed in subject to Section 4.04(d), and (C) Landlord shall not conduct any core drilling into the slab to distribute plumbing, power or data lines if the same can be run through a manner consistent with raised floor within the Premises of at least 14 inches. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any other exposed elementsdamage to any Improvements or Tenant’s Property caused by any such access or the performance of any such installation or maintenance work, including redecorating the portion of the Premises to the condition existing immediately prior to such damage. In exercising its rights under this Section 5.044.04, Landlord shall use reasonable efforts to (1) minimize any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and (2) but without any obligations to not reduce the size of the Premises utilize overtime or premium pay labor except to a de minimis extentas otherwise provided under Section 3.02(e)). In the event that the floor space Except as otherwise expressly provided in any floor in the Premises is reduced by more than 150 square feet and the change which caused such reduction did not exclusively benefit Tenantthis Lease, the Fixed Rent and Additional Charges for such floor shall be proportionately reduced. Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be reasonably regulated or discontinued at any time by Landlord; provided, that (1) Tenant shall at all times have reasonable access to the Premises and the entrances to the Building Lobby and such regulations or discontinuance do not adversely affect the first class nature of the Building and (2) Landlord shall provide Tenant with reasonable non-exclusive access to any concourses and plazas connecting the Building with the 00xx Xxxxxx #0 subway station and 30 Xxxxxx Yards (provided, that with respect to portions of the Project not within Landlord’s control, including appurtenant easement areas or rights of way, such obligation shall be limited to using commercially reasonable efforts to provide such access) subject to the terms of any revocable consents, easements and other applicable agreements with Governmental Authorities and/or third parties, and except to the extent such access is discontinued or interrupted by reason of temporary construction, Casualty, Force Majeure, or as required by applicable Laws. Such access shall be subject to Security Procedures and the Rules and Regulations, and may be subject to reasonable limitations at times other than during Business Hours on Business Days. Landlord shall not voluntarily terminate any revocable consent agreement between Landlord and DOT (“DOT License”) permitting the construction and operation of underground passages beneath 00xx Xxxxxx xxx/xx Xxxxxx Xxxx Boulevard to connect the Building with 30 Xxxxxx Yards or the #7 subway station, as applicable, and prior to the expiration of any DOT License, Landlord shall petition the DOT in writing for a renewal of such expiring DOT License and take any other administrative, procedural or similar action (including the execution and delivery of any documents, but excluding commencing any proceedings) that is required of Landlord to be taken in order to petition for a renewal of such DOT License, provided that Landlord shall not be required to incur any material liability, obligation or cost in connection with the renewal of any DOT License. Notwithstanding the foregoing, Landlord shall be required to incur an additional cost that accrues solely with respect to periods entirely within the initial Term of this Lease (but not any non-monetary liability or obligation except to the extent such non-monetary obligations are administrative or similar tasks) on the condition that Tenant agrees in a written agreement to pay for any such additional cost.

Appears in 1 contract

Samples: Lease (BlackRock Inc.)

Access and Changes to Building. (a) Subject to the terms of clause (d) below, Landlord reserves the right, at any time, to make changes in or to the Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided that after any such change does not deprive Tenant of access to the Premises is reasonably equivalent to that which existed prior to such change, it being agreed that through a Building lobby and the “reasonably equivalent” standard shall not apply if such changes are made in order to comply with Laws, Elevators and does not affect the first-class nature of the Project or does not eliminate any of the specific benefits granted to Tenant under this LeaseProject. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, however, that if there the same (i) are no dropped ceilings in any installed within the interior of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, such pipesif appropriate, fansshall be located in boxed enclosures and adequately furred and (ii) shall not, ductsexcept to a de minimis extent, wires reduce the rentable square footage of the Premises or the finished ceiling height, provided, however, that to the extent there are alternative locations for the pipes and conduits outside of the Premises that provide the same service, do not cost more (by more than a de minimis amount, unless Tenant, after being advised of the incremental cost, agrees to pay such cost to Landlord) and do not inconvenience or otherwise adversely affect Landlord or other existing or future tenants of the Building, Tenant shall be installed in a manner consistent with have the right to require Landlord to use such alternative locations. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any other exposed elementsdamage to any Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlord. In exercising its rights under this Section 5.044.04, Landlord shall use reasonable efforts to (1) minimize any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and (2) but without any obligation to not reduce the size of the Premises utilize overtime or premium pay labor except to a de minimis extent. In the event that the floor space in any floor in the Premises is reduced by more than 150 square feet and the change which caused such reduction did not exclusively benefit Tenantas otherwise provided under Section 3.02(e), the Fixed Rent and Additional Charges for such floor shall be proportionately reducedapplied mutatis mutandis). Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or discontinued at any time by Landlord; provided, that Tenant shall at all times have reasonable access to the Premises through the Elevators and the applicable Building lobby.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

Access and Changes to Building. (a) Subject to the terms of clause (d) below, Landlord reserves the right, at any time, to make changes in or to the Project Project, other than the Premises, as Landlord may deem necessary or desirable, and and, except as otherwise expressly provided herein, Landlord shall have no liability to Tenant therefor, provided that after any such change access to the Premises is reasonably equivalent to that which existed prior to such change, it being agreed that the “reasonably equivalent” standard shall not apply if such changes are made in order to comply with Laws, does not adversely affect the Premises, including Tenant’s access thereto, the location of elevators or stairs or affect the nature of the Project or does not eliminate any of the specific benefits granted to Tenant under this Leaseas a first-class office building. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or Base Building walls and the ceilings of the Premises; provided, however, that if there any such installations are no dropped fully concealed within such walls or ceilings in any and do not alter the appearance of the floors Premises or adversely affect the use, enjoyment and operation of the Premises, such pipes, fans, ducts, wires and conduits shall be installed in a manner consistent with any other exposed elements. In exercising its rights under this Section 5.044.04 and any other right of access to the Premises pursuant to this Lease, Landlord shall use reasonable efforts (without incurring overtime or other premium costs) to (1) minimize perform any work as expeditiously as possible and to exercise its right of access in a manner that minimizes interference with or impairment of Tenant’s use of the Premises for the ordinary conduct of Tenant’s business business. Landlord shall promptly repair and (2) restore any damage to not reduce the size of the Premises except to a de minimis extent. In the event that the floor space in any floor in the Premises is reduced by more than 150 square feet and the change which caused arising from such reduction did not exclusively benefit Tenant, the Fixed Rent and Additional Charges for such floor shall be proportionately reducedentry. Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or discontinued at any time by Landlord.

Appears in 1 contract

Samples: Lease (Bowne & Co Inc)

Access and Changes to Building. (a) Subject to the terms of clause (dSections 5.04(d) and 5.05(c) below, Landlord reserves the right, at any time, to make changes in or to the Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided that after such change access to the Premises is reasonably equivalent to that which existed prior to such change, it being agreed that the "reasonably equivalent" standard shall not apply if such changes are made in order to comply with LawsLaws and cannot be completed in a reasonably equivalent manner at a reasonably equivalent cost, does not affect the nature of the Project or and does not eliminate any of the specific benefits granted to Tenant under this Lease. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, however, that if there are no dropped ceilings in any of the floors of the Premises, such pipes, fans, fans ducts, wires and conduits shall be installed in a manner consistent with any other exposed elements. In exercising its rights under this Section 5.04, Landlord shall use reasonable efforts to (1) minimize any interference with Tenant’s 's use of the Premises for the ordinary conduct of Tenant’s 's business and (2) to not reduce the size of the Premises except to a de minimis extent. In the event that the floor space in any floor in the Premises is reduced by more than 150 square feet and the change which caused such reduction did not exclusively benefit Tenant, the Fixed Rent and Additional Charges for such floor shall be proportionately reduced. Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or discontinued at any time by Landlord.

Appears in 1 contract

Samples: Lease (Credit Suisse First Boston Usa Inc)

Access and Changes to Building. (a) Subject to the terms of clause (d) below, Landlord reserves the right, at any time, to make changes in or to the Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided that after any such change does not deprive Tenant of access to the Premises is reasonably equivalent to that which existed prior to such change, it being agreed that through a Building lobby and the “reasonably equivalent” standard shall not apply if such changes are made in order to comply with Laws, Elevators and does not affect the first-class nature of the Project or does not eliminate any of the specific benefits granted to Tenant under this LeaseProject. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, however, that if there the same (i) are no dropped ceilings in any installed within the interior of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, such pipesif appropriate, fansshall be located in boxed enclosures and adequately furred and (ii) shall not, ductsexcept to a de minimis extent, wires reduce the rentable square footage of the Premises or the ceiling height, provided, however, that to the extent there are alternative locations for the pipes and conduits outside of the Premises that provide the same service, do not cost more (by more than a de minimis amount, unless Tenant, after being advised of the incremental cost, agrees to pay such cost to Landlord) and do not inconvenience or otherwise adversely affect Landlord or other existing or future tenants of the Building, Tenant shall be installed in a manner consistent with have the right to require Landlord to use such alternative locations. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any other exposed elementsdamage to any Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlord. In exercising its rights under this Section 5.044.04, Landlord shall use reasonable efforts to (1) minimize any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and (2) but without any obligation to not reduce the size of the Premises utilize overtime or premium pay labor except to a de minimis extent. In the event that the floor space in any floor in the Premises is reduced by more than 150 square feet and the change which caused such reduction did not exclusively benefit Tenantas otherwise provided under Section 3.02(e), the Fixed Rent and Additional Charges for such floor shall be proportionately reducedapplied mutatis mutandis). Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or discontinued at any time by Landlord; provided, that Tenant shall at all times have reasonable access to the Premises through the Elevators and the applicable Building lobby.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

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Access and Changes to Building. (a) Subject to the terms of clause (d) below, Landlord reserves the right, at any time, to make changes in or to the Project Building as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided that after any such change does not (A) adversely affect Tenant’s access to the Premises is reasonably equivalent (except to that which existed prior to such changean immaterial extent), it being agreed that the “reasonably equivalent” standard shall not apply if such changes are made in order to comply with Laws, does not (B) adversely affect the Premises, any common areas of the Building which Tenant is entitled to use, or any systems or equipment serving the Premises (in each case, to more than a de minimis extent), or (C) affect the first-class nature of the Project or does not eliminate any of the specific benefits granted to Tenant under this LeaseBuilding. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, however, that if there the same (i) are no dropped ceilings in any installed within the interior of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, such pipesif appropriate, fans, ducts, wires and conduits shall be installed located in boxed enclosures and adequately furred and (ii) shall not, except to a manner consistent with de minimis extent, reduce (x) the size of the Premises or (y) the ceiling height; and provided further, that Landlord shall not construct any other exposed elementsadditional columns within the Premises after the Commencement Date. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any damage to the Premises, any common areas of the Building which Tenant is entitled to use, systems or equipment serving the Premises, Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlord. In exercising its rights under this Section 5.044.04, Landlord shall use reasonable efforts minimize, to (1) minimize the extent commercially reasonable, any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and (2) and, subject to not reduce the size of the Premises except to a de minimis extent. In the event that the floor space in Section 3.02(e), may perform any floor in the Premises is reduced by more than 150 square feet and the change which caused such reduction did not exclusively benefit Tenant, the Fixed Rent and Additional Charges for such floor shall be proportionately reduced. Tenant shall not have any easement installation or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or discontinued at any time by Landlordmaintenance work during non-Business Hours.

Appears in 1 contract

Samples: Lease (Coach Inc)

Access and Changes to Building. (a) Subject to the terms of clause (d) below, Landlord reserves the right, at any time, to make changes in or to the Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided provided, that after any such change does not materially and adversely interfere with Tenant’s reasonable access to Avenue of the Americas, 51st Street, 52nd Street, the lobby, the concourse, 75 Rock Passage or the Premises is reasonably equivalent to that which existed prior to such change, it being agreed that the “reasonably equivalent” standard shall not apply if such changes are made in order to comply with Laws, and does not affect the first class nature of the Project or does not eliminate any of the specific benefits granted services provided to Tenant under this LeaseTenant. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, howeverthat same are concealed behind walls, that if there are no dropped ceilings below floors or above ceilings, and do not reduce the rentable square feet in any of the floors of Premises beyond a de minimis extent in the Premises, such pipes, fans, ducts, wires and conduits shall be installed in a manner consistent with any other exposed elementsaggregate. In exercising its rights under this Section 5.044.04, Landlord shall use reasonable efforts to (1) minimize any interference with TenantXxxxxx’s use of the Premises for the ordinary conduct of Tenant’s business and (2) to not reduce the size of the Premises except to a de minimis extent. In the event that the floor space in any floor in the Premises is reduced by more than 150 square feet and the change which caused such reduction did not exclusively benefit Tenant, the Fixed Rent and Additional Charges for such floor shall be proportionately reducedbusiness. Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or discontinued at any time by Landlord, provided, that, subject to Force Majeure, requirements of Law and to temporary closures due to among other things, the need for repairs, improvements, maintenance and/or cleaning, Landlord shall not, during Business Hours on Business Days during the Term, close the access from the Building to the underground passage outside the Building (“75 Rock Passage”) which connects the Building to the underground passage (“Adjacent Passage") providing access to 75 Rockefeller Plaza and the Rockefeller Center Concourse. Landlord makes no representation as to the permissibility of keeping the 75 Rock Passage or access thereto from the Building or access to the Adjacent Passage open under applicable Law or otherwise or the rights of Landlord with respect thereto. If the 75 Rock Passage or access thereto from the Building or access to the Adjacent Passage from the Project is closed, then Landlord shall promptly, upon the request of and cost of Tenant take such reasonable actions as may be requested by Tenant to cause the 75 Rock Passage, access thereto from the Building, and access to the Adjacent Passage from the Project, as applicable, to be reopened.

Appears in 1 contract

Samples: Agreement (LEM America, Inc)

Access and Changes to Building. (a) Subject to the terms of clause subsection (d) below, Landlord reserves the right, at any time, to make changes in or to the Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided that after such change access to the Premises is reasonably equivalent to that which existed prior to such change, it being agreed that the "reasonably equivalent" standard shall not apply if such changes are made in order to comply with Laws, does not affect the nature of the Project or and does not eliminate any of the specific benefits granted to Tenant under this Lease. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, howeverPROVIDED, that if there are no dropped ceilings in any of the floors of the Premises, such pipes, fans, ducts, wires and conduits shall be installed in a manner consistent with any other exposed elements. In exercising its rights under this Section SECTION 5.04, Landlord shall use reasonable efforts to (1) minimize any interference with Tenant’s 's use of the Premises for the ordinary conduct of Tenant’s 's business and (2) to not reduce the size of the Premises except to a de minimis extent. In the event that the floor space in any floor in the Premises is reduced by more than 150 300 square feet and the change which caused such reduction did not exclusively benefit Tenant, the Fixed Rent and Additional Charges for such floor shall be proportionately reduced. Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or discontinued at any time by Landlord.

Appears in 1 contract

Samples: Lease (Credit Suisse First Boston Usa Inc)

Access and Changes to Building. (a) Subject to the terms of clause (d) below, Landlord reserves the right, at any time and from time to time, to make changes such changes, alterations, additions, improvements and repairs in or to (i) the Premises as Landlord may deem necessary or (ii) the Project as Landlord may deem necessary or desirable, and in each case, Landlord shall have no liability to Tenant therefor; provided, provided that after such changes, alterations, additions, improvements or repairs do not adversely affect Tenant’s access to or use and enjoyment of the Premises, change the layout of the Premises, or reduce the amount of usable square feet contained in the Premises, in each case, by more than a de minimis amount. During the performance of any such changes, alterations, additions, improvements or repairs, Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises and its use of and access to the Premises is reasonably equivalent to Premises; provided, that which existed prior to such change, it being agreed that the “reasonably equivalent” standard Landlord shall not apply if be obligated to perform any such changes are made changes, alterations, additions, improvements or repairs on an overtime or premium basis (except to the extent that prudent landlords of First Class Office Buildings would do so in order to comply with Lawsa similar situation where Tenant’s operation of its business in the Premises would be materially adversely affected without such overtime work). In addition, does not affect the nature of the Project or does not eliminate any of the specific benefits granted to Tenant under this Lease. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, howeverthat, that if there are no dropped ceilings (i) said installations do not interfere in any of the floors material respect with Tenant’s use of the Premises, ; and any such installations shall not cause a reduction of the usable floor space of the Premises (other than to a de minimis extent) and (ii) such pipes, fans, ducts, wires and conduits shall be installed in a manner consistent with any other exposed elementsare concealed (to the extent commercially and reasonably possible) behind, beneath, or within then existing partitioning, walls, floors, columns, ceilings or floors. In exercising its rights under this Section 5.04, Landlord shall use reasonable efforts apply finishes necessitated by such changes, alterations, additions, improvements or repairs in such affected areas to (1) minimize any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and (2) to not reduce the size of the Premises except to a de minimis extent. In the event that the floor space in any floor in the Premises is reduced by more than 150 square feet and the change which caused such reduction did not exclusively benefit Tenantmatch, as similarly as possible, the Fixed Rent and Additional Charges for such floor shall be proportionately reducedexisting finishes. Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or discontinued at any time by Landlord.

Appears in 1 contract

Samples: National Financial Partners Corp

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