Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss of signage or visibility. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with 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. (b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time. (c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable. (d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders or purchasers. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 5 contracts
Samples: Lease Agreement (1847 Goedeker Inc.), Lease Agreement (1847 Goedeker Inc.), Lease Agreement (1847 Goedeker Inc.)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss of signage or visibility. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders or purchasers. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 2 contracts
Samples: Securities Purchase Agreement (1847 Goedeker Inc.), Securities Purchase Agreement (1847 Goedeker Inc.)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises and does not affect the first-class nature of the Project beyond a reasonable period of time for such work or any loss of signage or visibilityproject to be completed. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize any interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. business (provided, however, the foregoing shall not require Landlord agrees that except in the event of an emergency, it will not to perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereofsuch repairs or changes on an overtime or premium time basis). Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building Project or any portion thereof, and to change the name or address of the Building Project or any portion thereof, at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed by any reason, including if required by law) or covered by any translucent material for the purpose of energy conservation, or if any part of the BuildingProject, other than the Demised Premises, is temporarily or permanently closed or inoperable.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean inspect or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders purchasers or, during the last 24 months of the Term, to prospective tenants, or purchasersfor any other purpose as Landlord may deem necessary or desirable. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 2 contracts
Samples: Lease (Y-mAbs Therapeutics, Inc.), Lease (Y-mAbs Therapeutics, Inc.)
Access and Changes to Building. (a) Subject to the terms of clause (d) below, Landlord reserves the right, at any time, to make such changes in or to the Building Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any that after such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised 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 loss of signage or visibilitythe specific benefits granted to Tenant under this Lease. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised 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 4.045.04, Landlord shall use reasonable efforts to (1) minimize any interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s businessbusiness and (2) to not reduce the size of the Premises except to a de minimis extent. Landlord agrees In the event that except the floor space in any floor in the event of an emergencyPremises is reduced by more than 150 square feet and the change which caused such reduction did not exclusively benefit Tenant, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost Fixed Rent and expense, promptly repair any damages to the Demised Premises existing as of the date hereofAdditional Charges for such floor shall be proportionately reduced. Tenant shall not have any easement for light, views or air, or any other easement or 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the including exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by lawLaw) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, Landlord shall perform such repairs, maintenance, alterations or improvements with reasonable diligence as are reasonably required to restore the same and, unless such condition has been imposed pursuant to Law, Landlord shall use reasonable efforts to minimize the period of time during which such windows are temporarily closed, darkened or bricked up.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours at reasonable times and upon reasonable prior written or telephonic advance notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean inspect or perform such work or repairs as Landlord may reasonably deem necessary or to allow Overlandlord to exhibit the Demised Premises to prospective lenders purchasers or purchasersothers and, during the last twenty-four (24) months of the Term, to exhibit to prospective tenants, or for any other purpose as Landlord may reasonably deem necessary or desirable. Landlord shall use reasonable efforts not to interfere with Tenant’s use and occupancy of the Premises in connection with the exercise of Landlord’s rights under this Section 5.04(d). To the extent that Tenant has designated portions of the Premises as “secured areas,” except in cases of emergency, Landlord shall not enter into such areas unless accompanied by an employee of Tenant. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term, except as otherwise set forth in this Lease. Any work performed or installations made pursuant to this Section shall be made with reasonable diligence, and Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) use due diligence to repair any damage to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions or Tenant’s Property as a result of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/workwork or installations.
Appears in 2 contracts
Samples: Lease (Yext, Inc.), Lease (Yext, Inc.)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building Project as Landlord may deem reasonably necessary or desirable, including, without limitation, changes to entrances, exits, common areas and elevators, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or materially and adversely affect Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises Building or any loss of signage or visibilitythe demised premises. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the demised premises, provided Landlord shall use good faith efforts to install said item within or through the walls, floors or ceilings of the Demised Premisesdemised premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Demised Premises demised premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any other building or to any public conveniencesconveniences or streets, 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premisesdemised premises, and common areas to the extent designated as available for use to tenants, all of the other portions of the Building, including, without limitation, the exterior Building walls, core corridor walls and doors and any core corridor entrance, space above hung ceilings, any terraces or roofs adjacent to the Demised Premisesdemised premises, and any space in or adjacent to the Demised Premises demised premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premisesdemised premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to timeTenant shall have no access thereto.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises demised premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by lawLaw) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premisesdemised premises, is temporarily or permanently closed or inoperable. No easement of light or air is hereby granted.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours at reasonable times upon reasonable prior written or telephonic notice to Tenant (except in an emergency, when no prior notice shall be required), to enter the Demised Premises demised premises (together with any necessary materials and/or equipment), to inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises demised premises to prospective lenders or purchasers, or, during the last 3 months of the Term, to prospective tenants, or for any other purpose that Landlord may deem necessary or desirable. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises demised premises during the Term. .
(e) Subject to Section 4.05 below, Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to (i) the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Buildings Systems which provide service up to the Demised Premises point of Tenant’s distribution system in the demised premises and (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions ii) common areas of the BuildingProject, both exterior and interior interior.
(but excluding storefront and doors of the Demised Premises). Landlord agrees f) Tenant’s right to use commercially reasonable the common areas (including, without limitation, loading dock area) shall be in the nature of a temporary, non-exclusive, revocable license and Tenant’s use thereof shall be limited to minimize interference with any such access/workthat which is necessary and incidental to its normal business, and shall be on a non- reserved basis.
Appears in 1 contract
Samples: Lease
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss of signage or visibility. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders or purchasers. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 1 contract
Samples: Lease Agreement (1847 Goedeker Inc.)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss of signage or visibility. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use of the Demised Premises for the ordinary conduct of Tenant’s 's business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders or purchasers. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 1 contract
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss and does not affect the first-class nature of signage or visibilitythe Project. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises; provided, that no such installation or maintenance shall adversely affect the use or occupancy of the Premises or any of the systems or equipment serving the Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize any interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building Project or any portion thereof, and to change the name or address of the Building Project or any portion thereof, at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily or permanently darkened or obstructed by reason of any repairs, improvements, construction, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) Building, or covered by any translucent material for the purpose of energy conservation, or if any part of the BuildingProject, other than the Demised Premises, is temporarily or permanently closed or inoperable; provided, that, to the extent such condition is not required by Law, Landlord uses commercially reasonable efforts to minimize the adverse effect and duration of any of the foregoing.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean inspect or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders purchasers or, during the last 15 months of the Term, to prospective tenants, or purchasersfor any other purpose as Landlord may deem necessary or desirable. Landlord shall have no liability to Tenant by reason of any such entry. Except as set forth in this Lease, Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 1 contract
Samples: Lease (Justworks, Inc.)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss of signage or visibility. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders or purchasers. Landlord shall have no liability to Tenant by reason of any such entry, however Tenant shall have the right to have a representative present upon any entry int the Demised Premises by Landlord (except in an emergency). Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 1 contract
Samples: Lease Agreement (1847 Goedeker Inc.)
Access and Changes to Building. (a) Subject to the terms of Sections 5.04(d) and 5.05(c) below, Landlord reserves the right, at any time, to make such changes in or to the Building Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any that after such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or 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 cannot be completed in a reasonably equivalent manner at a reasonably equivalent cost, does not affect the nature of the Project and does not eliminate any loss of signage or visibilitythe specific benefits granted to Tenant under this Lease. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises; provided, 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 4.045.04, Landlord shall use reasonable efforts to (1) minimize any interference with Tenant’s 's use of the Demised Premises for the ordinary conduct of Tenant’s business's business and (2) to not reduce the size of the Premises except to a de minimis extent. Landlord agrees In the event that except the floor space in any floor in the event of an emergencyPremises is reduced and the change which caused such reduction did not benefit Tenant, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost Fixed Rent and expense, promptly repair any damages to the Demised Premises existing as of the date hereofAdditional Charges for such floor shall be proportionately reduced. Tenant shall not have any easement for light, views or air, or any other easement or 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders or purchasers. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 1 contract
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building 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 any such change does not unreasonably deprive Tenant and/or adversely affect the Premises, including Tenant’s customersaccess thereto, vendors, suppliers, employees, directors, officers, agents, invitees and licensees the location of easy access to elevators or stairs or affect the Demised Premises or any loss nature of signage or visibilitythe Project as a first-class office building. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or Base Building walls and the ceilings of the Demised Premises; provided, that any such installations are fully concealed within such walls or ceilings and do not alter the appearance of the Premises or adversely affect the use, enjoyment and operation of the Premises. In exercising its rights under this Section 4.044.04 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 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 Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, shall promptly repair and restore any damages damage to the Demised Premises existing as of the date hereofarising from such entry. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders or purchasers. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 1 contract
Samples: Lease (Bowne & Co Inc)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss of signage or visibility. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize any interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway, any other building or common corridors (as applicable) 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by lawLaw) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable.
(d) Landlord and persons authorized by Landlord shall have the right, outside without being deemed thereby to evict Tenant from the Premises or any part thereof or otherwise to violate any of the terms of this Lease or any of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant 's rights hereunder,
(except in an emergency), i) to enter and pass through the Demised Premises (together with or any necessary materials and/or equipment)part or parts thereof,
1. to examine the Premises and to show them to the fee owners, Superior Lessor or Superior Mortgagee and to inspectprospective purchasers, clean mortgagees or perform lessees of the Building as an entirety,
2. for the purpose of performing such work maintenance and making such repairs or repairs changes in or to the Premises or in or to the Building or its facilities as may be provided for or permitted by this Lease or as may be mutually agreed upon by the parties or as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders or purchasers. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs by laws and requirements of any kind or character to the Demised Premises during the Termpublic authorities,
3. Landlord at such times as such entry shall operate, maintain and make all necessary repairs (both structural and nonstructural) to be required by circumstances of emergency affecting the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of or the Building, both exterior and interior (but excluding storefront and doors provided that in such event, if practicable, Landlord or its agents shall be accompanied by a designated representative of Tenant or a member of the Demised Premises)police, fire, water or other municipal department concerned or of a recognized protection company or of a public utility which is concerned, and
4. Landlord agrees during the last twelve (12) months of the Term to use commercially exhibit the Premises to prospective tenants thereof, and
(ii) to take all materials into and upon the Premises that may be required for any repairs, changes or maintenance and to store the same therein for a reasonable time as reasonably required in connection with the completion of such repairs, changes or maintenance.
(iii) Landlord's rights under this Section 4.04 shall be exercised in such manner as to minimize create the least practicable interference with Tenant's use of the Premises; provided, however, that the foregoing shall not obligate Landlord to perform any such access/workwork outside of Business Hours. Except in the case of an emergency which makes notice to Tenant impractical, any entry on the Premises by Landlord pursuant to this Section 4.04 shall be made after reasonable notice to Tenant.
Appears in 1 contract
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss and does not affect the nature of signage or visibilitythe Project. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize any interference with Tenant’s 's use of the Demised Premises for the ordinary conduct of Tenant’s business. 's business and Landlord agrees that except shall use reasonable efforts to cooperate with Tenant to minimize the visual appearance of any such pipes, fans, ducts, wires and conduits placed in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as ceiling of the date hereofOriginal Premises. Tenant shall not have any easement for light, views or air, or any other easement or 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, thereof as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by lawLaw) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean inspect or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective lenders purchasers or purchasersothers or for any other purpose as Landlord may deem necessary or desirable and, during Business Hours during the last 18 months of the Term, to prospective tenants. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/workexcept as otherwise set forth in this Lease.
Appears in 1 contract
Samples: Lease (Actv Inc /De/)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss and does not affect the first-class nature of signage or visibilitythe Building. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize any interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time, provided, however, that Landlord shall give Tenant 120 days written notice prior to making such change.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by lawLaw) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily or permanently closed or inoperable, provided Tenant’s access to the Premises is not materially impaired thereby.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant during regular business hours (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean inspect or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective purchasers or lenders or, during the last six months of the Term, to prospective tenants, or purchasersfor purposes as may be necessary or desirable, including completing repairs or maintenance for which Landlord is responsible. Landlord shall have no liability to Tenant by reason of any such entry, except for property damage caused by Landlord’s negligence. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable to minimize interference with any such access/work.
Appears in 1 contract
Samples: Lease (Open Link Financial, Inc.)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building 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 any such change does not unreasonably deprive Tenant and/or interfere with Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy 's reasonable access to the Demised Premises or and does not affect the first-class nature of the Project. Nothing contained in the preceding sentence shall be deemed to relieve Landlord of any loss of signage or visibilityits obligations expressly set forth elsewhere in this Lease. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises; provided, that the same are concealed behind walls, below floors, or above ceilings. In exercising its rights under this Section 4.04, Landlord shall (i) use commercially reasonable efforts to minimize interference (including the use of overtime labor if the performance of any work by Landlord shall materially interfere with Tenant’s 's use of the Demised Premises for the ordinary conduct of Tenant’s 's business. Landlord agrees that except in ) to minimize any interference with Tenant's use of the event Premises for the ordinary conduct of an emergency, it will not perform Tenant's business by reason of the performance of any work in the Demised Premises which adversely affects by Landlord and (ii) use best efforts to prevent any permanent interference with Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as 's use of the date hereofPremises for the ordinary conduct of Tenant's business by reason of any installation or change made by Landlord. Tenant shall not have any easement for light, views or air, or any other easement or 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilingsceiling slabs, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Premises. Nothing contained in this Section 4.04(b) shall be construed (i) to require Landlord, or to permit Tenant’s , to remove or relocate, on any partial floor leased by Tenant, any item used by (or reserved for use by) another tenant or occupant of the Premises. Landlord reserves Building, or (ii) to diminish Tenant's right under Article 11 or other express provisions of this Lease which permit Tenant to use shaft space or other non-Premises space in the right to name the Building and to change the name or address of the Building at any time and from time to timeBuilding.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by lawLaw for reasons other than any act or (where Landlord has an affirmative obligation to act pursuant to the terms of this Lease) omission of Landlord or any of Landlord's Affiliates) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised PremisesPremises and all other public areas of the Building used by Tenant (subject to Landlord's rights under Section 4.04(a)), is temporarily or permanently closed or inoperable. Notwithstanding the foregoing, if more than 20% of the windows of the Premises shall be permanently darkened or obstructed (exclusive of any such obstruction that is not materially worse than any obstruction existing on the date of this Lease), Tenant may terminate this Lease either as to the entire Premises or as to the portion(s) of the Premises affected thereby (provided that any such portion(s) of the Premises as to which Tenant terminates this Lease shall constitute tenantable units) without payment of any penalty (and, in the case of a termination of less than the entire Premises, with a pro rata reduction of Tenant's Rent obligations to reflect such partial termination). In the event of any termination of this Lease under this Section 4.04(c), whether as to all or a portion of the Premises, Tenant shall pay to Landlord the amount, if any, due in accordance with Section 7.06 below.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency, in which case, upon such notice, if any, as is feasible), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean inspect or perform such work or repairs as Landlord may reasonably deem necessary or desirable and as is permitted under this Lease, or to exhibit the Demised Premises to prospective lenders or purchaserspurchasers or, during the last 18 months of the Term, to prospective tenants. Landlord shall have no liability to Tenant by reason of any such entry. ; provided, that (i) Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable efforts (unless a higher standard provided elsewhere in this Lease is applicable to such entry by Landlord) to minimize interference with Tenant's use and enjoyment of the Premises and to exercise due care in entering or exhibiting the Premises and (ii) Landlord shall repair any damage caused by Landlord in the Premises during such access/entry, including, without limitation, any repair or replacement required to any finishes in the Premises as a result of such entry. During the performance of any work by Landlord in any portion of the Premises, Landlord shall have the right to store materials and equipment utilized in connection with such work in the portion of the Premises where such work is being performed, but only if Landlord would suffer a hardship if Landlord were required to remove such materials and equipment at the end of each day's work. Except in an emergency, Landlord shall not enter the Premises unless accompanied by a representative of Tenant; provided, that Tenant makes such representative available to Landlord upon reasonable prior notice.
(e) Landlord shall not change the address of the Building at any time.
Appears in 1 contract
Samples: Lease (Equitable Companies Inc)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building Project as Landlord may deem necessary or desirabledesirable (including the Premises, if required by Law or in case of emergency), and Landlord shall have no liability to Tenant therefor, provided any such change does not unreasonably deprive Tenant and/or Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy access to the Demised Premises or any loss of signage or visibilitytherefor except as otherwise set forth in this Lease. Landlord may install and maintain concealed concealed: pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises. , also, without limitation, in connection with an installation of a building management system (“BMS System”) in the Building In exercising its rights under this Section 4.044.03, Landlord shall use reasonable efforts (i) not to minimize interference interfere (except to a de minimis extent) with Tenant’s access to and/or from the Premises, Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that , and/or Tenant’s signage and/or lobby rights under this Lease and (ii) provide Tenant with prior reasonable notice, (except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereofemergencies where no notice shall be required). Tenant shall not have any easement for light, views or air, or any other easement or 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.
(b) Except for the space within from and away from the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised PremisesPremises and the Terraces, all of the Building, including, without limitation, the exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilitiesfacilities (except in each event where installed by Tenant), and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises subject to Tenant’s rights to use any such portions of the Building in common with other parties.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Premises are temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building or if any windows of the Premises are temporarily or permanently darkened or obstructed by reason of Law or if any part of the Building, other than the Premises, is temporarily or permanently closed or inoperable. Landlord shall perform any such repairs, improvements, maintenance and/or cleaning or comply with such Laws with reasonable diligence and otherwise take such reasonably available actions as may be reasonably necessary to minimize the period during which any such windows are temporarily closed, darkened or bricked up.
(d) In addition to its rights pursuant to Section 4.03(a) hereof, Landlord, its agents, contractors and employees shall have the right, (A) upon reasonable prior written notice to Tenant, i.e. when feasible or appropriate, at least five (5) Business Days’ prior notice (except in an emergency where such shorter notice as is reasonable shall be required), to (i) enter the Premises, including without limitation the Terraces, with any necessary materials and/or equipment, to inspect or perform such work as Landlord may reasonably deem necessary or (ii) exhibit the Premises to prospective purchasers, lenders, investors, or to prospective tenants during the last year of the Term, and (B) to erect and maintain sidewalk bridges and/or scaffolding on or about the Building. Landlord shall have no liability to Tenant by reason of any such entry; provided same does not unreasonably interview Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s (for purposes of this sentence, “Tenant” shall be deemed to include permitted occupants) permitted use of and access to and/or from the PremisesPremises and/or Tenant’s signage and/or lobby rights under this Lease, in connection therewith. Landlord shall not be required to make any improvements or repairs of any kind or character to the Premises during the Term, except as otherwise expressly provided in this Lease. Notwithstanding anything to the contrary set forth in this Lease, in the event of any instance of access into the Premises by Landlord and/or anyone acting through or under Landlord, Tenant shall have the right to have a Tenant representative present throughout such period of access provided that Tenant shall make such representative available when Landlord and or anyone acting through or under Landlord shall require such access.
(e) Subject to the provisions of Section 4.06(e) hereof, Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time.
(cf) Landlord Tenant shall have no liability a non-exclusive right to Tenant if at any time any windows use (x) the fire stairwell serving the portions of the Demised Premises are either temporarily darkened or obstructed by reason above the ground level of any repairs, improvements, maintenance and/or cleaning in or about the Building and (y) fire stairwell “C” to travel from the Lower Level Premises to the portion of the Premises on the fourth (4th) through tenth (10th) floors of the Building (or permanently darkened or obstructed if required by lawherein collectively called the “Fire Stairs”) or covered by any translucent material for the purpose of energy conservationaccess between respective, or if any part the Lower Level Premises to the rest of the Building, other than Premises and in between the Demised above ground floors of the Premises, is temporarily at no additional rental charge to Tenant, provided that (1) such use shall be permitted by, and at all times in accordance with, all applicable Laws, (2) any alterations to the Fire Stairs may be designated by Landlord as Specialty Alterations upon review of plans therefor in accordance herewith, (3) Tenant shall comply with Landlord’s reasonable rules and regulations adopted from time to time with respect thereto, (4) Tenant shall not prop or permanently closed block open access doors to the Fire Stairs, (5) Tenant shall not store anything in the Fire Stairs or inoperable.
otherwise impede ingress thereto or egress therefrom, (d6) subject to applicable re-entry legal rules and regulations from time to time in effect, Tenant may, at its sole cost and expense and in its sole discretion, install a key card locking system reasonably satisfactory to Landlord on all doors between the Fire Stairs and the floors of the Premises, and (7) Tenant shall tie Tenant’s security system into the Building’s Class E fire alarm system. Tenant shall provide persons authorized designated by Landlord with “master” card keys (herein called “Master Card Keys”) so that Landlord shall have access through each entry door of the rightPremises. To the extent Tenant elects to install such key card locking system, outside Tenant shall be solely responsible for the operation of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit locking system on the Demised Premises to prospective lenders or purchasers. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to doors from the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) Fire Stairs to the Premises and Building (including hereby waives any and all claims against Landlord arising out of or in connection with parties gaining access to and from the without limitationPremises through the Fire Stairs, unless the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service same shall be due to the Demised Premises (but not negligence or willful misconduct of Landlord and/or anyone acting through or under Landlord. Tenant shall make no Alterations to the distribution portions of such Building Systems located within the Demised Premises)Fire Stairs without Landlord’s approval, the public portions which may be withheld in Landlord’s sole discretion. All of the Building, both exterior and interior (but excluding storefront and doors provisions of the Demised Lease in respect of indemnification shall apply to the Fire Stairs, as if the same were part of the Premises). Landlord agrees , if and to use commercially reasonable to minimize interference with the extent any such access/workindemnification obligation arises from the use or misuse of the Fire Stairs by Tenant or any Tenant Party or anyone claiming by, through or under Tenant.
Appears in 1 contract
Samples: Lease (Peloton Interactive, Inc.)
Access and Changes to Building. (a) Landlord reserves the right, at any time, to make such changes in or to the Building Project as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided provided, that any such change does not unreasonably deprive Tenant and/or materially and adversely interfere with Tenant’s customers, vendors, suppliers, employees, directors, officers, agents, invitees and licensees of easy reasonable access to Avenue of the Demised Americas, 51st Street, 52nd Street, the lobby, the concourse, 75 Rock Passage or the Premises and does not affect the first class nature of the Project or any loss of signage or visibilitythe services provided to Tenant. Landlord may install and maintain concealed pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Demised Premises; provided, that same are concealed behind walls, below floors or above ceilings, and do not reduce the rentable square feet in the Premises beyond a de minimis extent in the aggregate. In exercising its rights under this Section 4.04, Landlord shall use reasonable efforts to minimize any interference with TenantXxxxxx’s use of the Demised Premises for the ordinary conduct of Tenant’s business. Landlord agrees that except in the event of an emergency, it will not perform any work in the Demised Premises which adversely affects Tenant’s business during its ordinary business hours. Landlord will, at its sole cost and expense, promptly repair any damages to the Demised Premises existing as of the date hereof. Tenant shall not have any easement for light, views or air, or any other easement or 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.
(b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, all of the Building, including, without limitation, the exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Demised Premises, and any space in or adjacent to the Demised Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Demised Premises, are reserved to Landlord and are not part of the Demised Premises provided same does not unreasonably interview with Tenant’s use of the Premises. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time; provided, that if Landlord changes the address of the Building, then at the request of Tenant and at Landlord’s cost, Landlord shall make all appropriate filings with the United States Post Office, if any such filings are available, to continue delivering mail to the Building which is addressed to the prior address. Nothing in this Section 4.04(b) shall be construed to diminish Tenant’s rights under Article 10, Section 4.02 or other express provisions of the Lease which permit Tenant access to shaft space or other non-Premises space in the Building nor shall this Section 4.04(b) be construed to prevent Tenant from making reasonable and customary use of the plenums in the Premises and areas behind nonstructural walls in the Premises for duct work, wiring and other customary uses.
(c) Landlord shall have no liability to Tenant if at any time any windows of the Demised Premises are either temporarily darkened or obstructed for less than 60 consecutive days or if at any time any windows of the Premises are temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by lawLaw) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Demised Premises, is temporarily closed or inoperable. Landlord shall not permanently close or permanently render inoperable the entrance to the Building located at 51st Street, 52nd Street and Avenue of the Americas, the 75 Rock Passage, the elevators servicing the Premises, the truck elevator or the loading dock and the waiver of liability herein above provided in this clause (c) shall not apply if the same is permanently closed or permanently rendered inoperable; provided, that Landlord shall have no liability to Tenant if the same are required to be permanently closed or to be permanently rendered inoperable by Law or by condemnation. The phrase “Landlord shall have no liability to Tenant” as used in this Section 4.04(c) shall not be interpreted to restrict any right of Tenant to claim a constructive eviction if otherwise permitted by law.
(d) Landlord and persons authorized by Landlord shall have the right, outside of Tenant’s normal business hours upon reasonable prior written or telephonic notice to Tenant (except in an emergency, in which case, upon such notice, if any, which in Landlord’s reasonable determination is appropriate), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect, clean inspect or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective purchasers or lenders or, during the last 24 months of the Term, to prospective tenants, or purchasersfor any other reasonable purpose as Landlord may deem necessary or desirable. Landlord shall have no liability to Tenant by reason of any such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Demised Premises during the Term. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the Premises and Building (including the without limitation, the foundation, the exterior walls and any load-bearing interior walls, the roof, roof membrane, roof), the Building Systems which provide service to the Demised Premises (but not to the distribution portions of such Building Systems located within the Demised Premises), the public portions of the Building, both exterior and interior (but excluding storefront and doors of the Demised Premises). Landlord agrees to use commercially reasonable efforts to minimize interference with Xxxxxx’s use and enjoyment of the Premises and to exercise due care in entering and exiting the Premises. During the performance of any work of Landlord in or about the Premises, Landlord shall have the right to store in the Premises materials and equipment utilized in connection with such access/work, but only so much materials as would be consumed in one day and only such equipment as is reasonably necessary. Other than in connection with an emergency, Landlord shall not enter the Premises unless accompanied by a representative of Tenant; provided, that Tenant shall have made such representative available to Landlord upon reasonable prior notice (not to exceed one Business Day). Notwithstanding the provisions of this Section 4.04(d), except (i) in emergencies, (ii) if required by Law or (iii) if the inability to gain access would materially and adversely affect another tenant in the Building or the operation of the Building or (iv) in the event Landlord has provided Tenant with prior reasonable notice and Landlord is accompanied by a representative of Tenant which Tenant shall make available to Landlord, Tenant shall be permitted to exclude Landlord from entering certain secure areas in the Premises from time to time designated by Tenant to Landlord in writing, not to exceed in the aggregate 10,000 square feet, provided, that Tenant shall indemnify and hold Landlord harmless from and against all costs (including without limitation, reasonable attorney fees and disbursements and costs of suit) losses, liabilities or causes of action arising out of or relating to the inability of Landlord to gain access to such secure area).
(e) Subject to the other provisions of this Lease, including without limitation clause 2 of the Rules and Regulations attached hereto as Exhibit C, Tenant shall have access to the Premises 24 hours a day, 7 days a week, 365 days a year.
Appears in 1 contract
Samples: Lease (LEM America, Inc)