Common use of Access and Changes to Building Clause in Contracts

Access and Changes to Building. (a) Landlord reserves the right, at any time, to make 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 (A) adversely affect Tenant’s access to the Premises (except to an immaterial extent), (B) adversely affect the Premises, any common areas of the Building which Tenant is entitled to use, or any systems or equipment serving the Premises (in each case, to more than a de minimis extent), or (C) affect the first-class nature of the Building. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, that the same (i) are installed within the interior of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, if appropriate, shall be located in boxed enclosures and adequately furred and (ii) shall not, except to a de minimis extent, reduce (x) the size of the Premises or (y) the ceiling height; and provided further, that Landlord shall not construct any additional columns within the Premises after the Commencement Date. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any damage to the Premises, any common areas of the Building which Tenant is entitled to use, systems or equipment serving the Premises, Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlord. In exercising its rights under this Section 4.04, Landlord shall minimize, to the extent commercially reasonable, any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and, subject to Section 3.02(e), may perform any such installation or maintenance work during non-Business Hours. (b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Premises, all of the Building, including, without limitation, exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces (other than the Terrace Space) or roofs adjacent to the Premises, and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, fan rooms, base building telecommunications or technical rooms, electrical closets, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Premises, are reserved to Landlord and are not part of the Premises. (c) Landlord shall not darken any of the windows of the Premises after the Commencement Date for any consecutive period in excess of 120 days except to the extent required by Law. Subject to the immediately preceding sentence, Landlord shall have no liability to Tenant if at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or temporarily or permanently darkened or obstructed if required by Law), or if any part of the Project, other than the Premises, is temporarily or permanently closed or inoperable. (d) Landlord and persons authorized by Landlord shall have the right, upon reasonable prior notice to Tenant (except in an emergency and which, in the case of non-emergency inspections or work to be performed by Landlord within the Premises, (i) shall be at least 24 hours in advance and (ii) with respect only to entry for the purpose of exhibiting the Premises to prospective purchasers or tenants, shall state the approximate time of such entry, which shall be on a Business Day), to enter the Premises (together with any necessary materials and/or equipment), to inspect or perform such work as Landlord may reasonably deem necessary or to exhibit the Premises to prospective purchasers or, during the last 24 months of the Term, to prospective tenants, or for any other purpose as Landlord may deem necessary or desirable. Any access to the Premises by Landlord pursuant to this Section 4.04(d) shall be subject to the provisions of Section 3.02(e). Tenant shall have the right to have a representative of Tenant accompany Landlord on any entry into the Premises, but, provided that the required notice, if any, is given to Tenant, Landlord’s rights to conduct any such entry, and the timing of such entry, shall not be affected if Tenant shall fail to make such representative available. Notwithstanding anything to the contrary contained in this Section 4(d), upon notice to Landlord, Tenant shall have the right to designate safes and vault areas and other areas in Tenant’s reasonable determination within the Premises to which access by Landlord shall be absolutely prohibited (“Restricted Areas”), except in the case of an emergency involving continuing or imminent loss or threat of loss of life, serious bodily injury, or material loss of property or as may be otherwise required by Law. 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.

Appears in 1 contract

Samples: Lease (Coach Inc)

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Access and Changes to Building. (a) From and after the Occupancy Date, Landlord reserves the right, at any time, to make 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 (Ai) deprive Tenant of reasonable access to the Premises, (ii) affect the Premises, any Dedicated Loading Bay, Tenant’s Shaft Space or the Secure Lobby Zone, (iii) adversely affect Tenant’s dedicated systems, the entrances to the Building Lobby, the Building common areas and other areas which Tenant has access to in accordance with the terms of this Lease, (iv) expand any other tenant’s or occupant’s premises into the East Lobby, (v) so long as Tenant has rights to use the East Lobby Desk pursuant to Section 16.01, affect Tenant’s access to the Premises (except to an immaterial extent)East Lobby Desk through the North-South Corridor, (B) adversely affect the Premises, any common areas of the Building which Tenant is entitled to use, or any systems or equipment serving the Premises (in each case, to more than a de minimis extent), or (Cvi) affect the first-class nature of the BuildingProject, including, without limitation, the first-class nature of the Building Lobby. Prior to the Occupancy Date, Landlord shall have the right to make changes to the Base Building Construction Documents only to the extent set forth in the DCA. Notwithstanding the foregoing, Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, that (A) the same (i) are installed within the interior of the walls of the Premises or the floors or ceilings thereof, or within the core (subject to clause (iv) below), at Landlord’s sole cost and expense or(but will not be placed in the area above the finished ceiling or below the slab (or raised floor, if installed adjacent same exists on such floor) unless Landlord has no reasonably practicable alternative), (ii) shall not reduce the usable area of the Premises, the slab to slab height, or the interior walls ceiling height of the Premises or interfere with Tenant’s (or any Permitted User’s) systems or lighting, (iii) are subject to Tenant’s (or any Permitted User’s) rights to Tenant’s Shaft Space (as hereinafter defined) under Section 4.09(a), and (iv) shall not result in any “bump-outs” in the floors or ceilings of core corridors, (B) any entry to the Premises, if appropriate, Premises shall be located in boxed enclosures and adequately furred subject to Section 4.04(d), and (iiC) shall not, except to a de minimis extent, reduce (x) the size of the Premises or (y) the ceiling height; and provided further, that Landlord shall not construct conduct any additional columns core drilling into the slab to distribute plumbing, power or data lines if the same can be run through a raised floor within the Premises after the Commencement Dateof at least 14 inches. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any damage to the Premises, any common areas of the Building which Tenant is entitled to use, systems or equipment serving the Premises, Fixtures Improvements or Tenant’s Property caused by any such access or the performance of any such installation or maintenance work by Landlordwork, including redecorating the portion of the Premises to the condition existing immediately prior to such damage. In exercising its rights under this Section 4.04, Landlord shall minimize, use reasonable efforts to the extent commercially reasonable, minimize any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and, subject (but without any obligations to utilize overtime or premium pay labor except as otherwise provided under Section 3.02(e)). Except as otherwise expressly provided in this Lease, Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be reasonably regulated or discontinued at any time by Landlord; provided, that (1) Tenant shall at all times have reasonable access to the Premises and the entrances to the Building Lobby and such regulations or discontinuance do not adversely affect the first class nature of the Building and (2) Landlord shall provide Tenant with reasonable non-exclusive access to any concourses and plazas connecting the Building with the 00xx Xxxxxx #0 subway station and 30 Xxxxxx Yards (provided, that with respect to portions of the Project not within Landlord’s control, including appurtenant easement areas or rights of way, such obligation shall be limited to using commercially reasonable efforts to provide such access) subject to the terms of any revocable consents, easements and other applicable agreements with Governmental Authorities and/or third parties, and except to the extent such access is discontinued or interrupted by reason of temporary construction, Casualty, Force Majeure, or as required by applicable Laws. Such access shall be subject to Security Procedures and the Rules and Regulations, and may perform be subject to reasonable limitations at times other than during Business Hours on Business Days. Landlord shall not voluntarily terminate any revocable consent agreement between Landlord and DOT (“DOT License”) permitting the construction and operation of underground passages beneath 00xx Xxxxxx xxx/xx Xxxxxx Xxxx Boulevard to connect the Building with 30 Xxxxxx Yards or the #7 subway station, as applicable, and prior to the expiration of any DOT License, Landlord shall petition the DOT in writing for a renewal of such expiring DOT License and take any other administrative, procedural or similar action (including the execution and delivery of any documents, but excluding commencing any proceedings) that is required of Landlord to be taken in order to petition for a renewal of such DOT License, provided that Landlord shall not be required to incur any material liability, obligation or cost in connection with the renewal of any DOT License. Notwithstanding the foregoing, Landlord shall be required to incur an additional cost that accrues solely with respect to periods entirely within the initial Term of this Lease (but not any non-monetary liability or obligation except to the extent such non-monetary obligations are administrative or similar tasks) on the condition that Tenant agrees in a written agreement to pay for any such installation or maintenance work during non-Business Hoursadditional cost. (b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and windows, doors bounding the PremisesPremises and any other areas of the Building that pursuant to this Lease are dedicated or licensed to Tenant, all of the Building, including, without limitation, exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces (other than the Terrace Space) or roofs adjacent to the Premises, and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, fan rooms, base building telecommunications or technical rooms, electrical closets, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Premises, are reserved to Landlord and (except as expressly set forth to the contrary in this Lease, including, without limitation, with respect to the Mechanical Areas) are not part of the Premises. (c) Landlord shall not darken any of the windows of the Premises after the Commencement Possession Date for any consecutive period in excess of 120 days except to the extent required by Law. Subject to the immediately preceding sentence, Landlord shall have no liability to Tenant if if, by reason of Laws or any requirement of any governmental authority, at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or temporarily or permanently darkened or obstructed if required by Law), or if any part of the Project, other than the Premises, is temporarily or permanently closed or inoperable. If at any time the windows of the Premises are temporarily darkened or obstructed as permitted in the immediately preceding sentence, Landlord shall, to the extent permitted by Law or by such governmental authority, perform such repairs, maintenance, alterations or improvements as promptly as practicable and as reasonably necessary to re-open the same, and, Landlord shall use reasonable efforts to minimize the period of time during which such windows are temporarily darkened or obstructed, including the use of overtime or premium labor if and to the extent required by Section 3.02(e). (d) Except in the case of an emergency involving imminent threat to life or property, in which case no prior notice shall be required under this Section 4.04(d) (but Landlord will endeavor to give notice thereof to Tenant as soon as reasonably practicable, which notice may be oral), Landlord and persons authorized by Landlord shall have the right, upon reasonable prior notice to Tenant (except in an emergency and whichTenant, which in the case of non-emergency inspections or work to be performed by Landlord within the Premises, (i) Premises shall be at least 24 hours in advance and advance, (iii) with respect only to entry for the purpose of exhibiting the Premises to prospective purchasers or tenants, shall state the approximate time of such entry, which shall be on a Business Day), to enter the Premises at reasonable times (including any portion of the Terrace Space) together with any necessary materials and/or equipment), (A) to inspect or perform such work as Landlord may reasonably deem necessary (subject to the provisions of Section 4.04(a) and Section 3.02(e)) or (B) in connection with washing the windows of the Building, (ii) to exhibit the Premises to prospective purchasers or, during the last 24 28 months of the TermTerm (as the same may be extended), to prospective tenantstenants or (iii) to inspect Tenant’s compliance with the provisions of this Lease if Landlord has a reasonable basis to believe Tenant is violating any provision of this Lease, or for any other purpose as Landlord may deem necessary or desirable. Any which access shall be limited to the Premises by Landlord pursuant to purpose set forth in this Section 4.04(d) shall be subject clause (iii), in each instance, subject, however, to the provisions of Section 3.02(e)) and to special events scheduled in advance at the Premises of which Tenant shall have given Landlord reasonable prior notice. Notwithstanding the foregoing, Landlord shall not store more than one day’s worth of materials and equipment in the Premises at any time. Tenant shall have the right to have a representative of Tenant accompany Landlord on any entry into the Premises, but, provided that the required notice, if any, prior notice is given to Tenant, Landlord’s rights to conduct any such entry, and the timing of such entry, shall not be affected if Tenant shall fail to make such representative available. Notwithstanding anything , except with respect to the contrary contained any Secure Area, in this Section 4(d), upon notice to Landlord, Tenant shall have the right to designate safes and vault areas and other areas in Tenant’s reasonable determination within the Premises to which access by event Landlord shall be absolutely prohibited (“Restricted Areas”), except in not access the case Secure Area without an authorized representative of Tenant unless an emergency involving continuing imminent threat to life or imminent loss or threat of loss of life, serious bodily injuryproperty then exists. Landlord shall not be liable for any failure to provide any services required hereunder, or material loss any delay in providing such services, in respect of property the Secure Areas if access to the Secure Areas is required in order to provide such services and Tenant fails to provide access to the Secure Areas on a reasonable and timely basis. Except as otherwise expressly provided in this Lease or as may be otherwise required by Law. the DCA, Landlord shall not be required to make any improvements or repairs of any kind or character to the Premises during the Term. Other than shutdowns required by reason of emergency, except Laws, any governmental authority or public utility or otherwise for reasons outside of Landlord’s reasonable control, Landlord shall deliver a written notice to Tenant at least 30 days prior to any shutdown of electrical service to the Building; provided, that, prior to the Occupancy Date, Landlord shall only be required to provide 3 Business Days prior notice of any such shutdown. (e) Landlord shall use reasonable efforts to keep all non-public proprietary information (other than any information relating to the Premises or the Project) of Tenant that is obtained by Landlord or its authorized agents or representatives (including Landlord’s cleaning contractor) during any entry to the Premises confidential and shall use reasonable efforts to prevent the disclosure of same. (f) Landlord shall use commercially reasonable efforts to provide Tenant with access through public or common areas on all floors of the Building, and to cause other tenants immediately above and below the Premises to provide access to tenant spaces in the Building, for Tenant to (i) install, service, maintain and repair cables, conduits, risers, piping, etc. running through the Building which Tenant is permitted or required to install, service, maintain and repair and (ii) perform Alterations (including, without limitation, Tenant’s Work), provided that Tenant shall (A) provide Landlord and the party whose space is affected with reasonable prior written notice of the need for such access, (B) schedule such access so as not to interfere with the affected party’s business or interfere with other tenants of the Building (in each case other than to a de minimis extent), (C) install cables, wires, etc. through conduits if such installation is made outside of their respective demised premises, (D) repair, at its expense, any damage to the Building or the accessed space arising out of such access and (E) indemnify and hold Landlord and the party whose space is affected harmless from and against any cost, claim, liability, damage or expense (including, but not limited to, reasonable attorneys’ fees) incurred by such party as a result of permitting such access and work, including, without limitation, the Actual Costs of any additional security reasonably required by the party whose space is accessed. Notwithstanding the foregoing, Landlord shall have no obligation to declare any such tenant in default of its lease or terminate, or threaten to terminate, such lease if such tenant refuses such access, or to commence any action, suit or proceeding to enforce any obligation of such tenant to provide such access, and Landlord shall have no liability to Tenant if such other tenant refuses to consent to any such access. Landlord may exercise its rights of access to the Premises pursuant to this Section 4.04 for the benefit of other tenants of the Building, provided any such tenant’s lease contains provisions for access by Landlord that are substantially similar to this Section 4.04 and Landlord has not failed to use commercially reasonable efforts to enforce the same. (g) Subject to the provisions of Section 3.02(d), during any invasion, riot, public excitement or other commotion, Landlord may prevent all access to the Building by closing the doors or otherwise expressly provided for the safety of the tenants (including Tenant) and protection of property in the Building; provided, that, Landlord shall endeavor to notify Tenant’s security or management personnel prior to such lockdown of the Building, if feasible. In an emergency or imminent situation in which prior notice is not feasible, Landlord will endeavor to notify Tenant’s security or management personnel simultaneously or immediately following the implementation of any such lockdown; provided, that Landlord shall have no liability to Tenant for failing to provide notice as described in this LeaseSection 4.04(g).

Appears in 1 contract

Samples: Lease (BlackRock Inc.)

Access and Changes to Building. (a) Subject to the terms of subsection (d) below, Landlord reserves the right, at any time, to make 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 (A) adversely affect Tenant’s access to the Premises (except is reasonably equivalent to an immaterial extent)that which existed prior to such change, (B) adversely 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 Premises, any common areas of the Building which Tenant is entitled to use, or any systems or equipment serving the Premises (in each case, to more than a de minimis extent), or (C) affect the first-class nature of the BuildingProject and does not eliminate any of the specific benefits granted to Tenant under this Lease. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; providedPROVIDED, that the same (i) if there are installed within the interior no dropped ceilings in any of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, if appropriatesuch pipes, fans, ducts, wires and conduits shall be located installed in boxed enclosures and adequately furred and (ii) shall not, except to a de minimis extent, reduce (x) the size of the Premises or (y) the ceiling height; and provided further, that Landlord shall not construct manner consistent with any additional columns within the Premises after the Commencement Date. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any damage to the Premises, any common areas of the Building which Tenant is entitled to use, systems or equipment serving the Premises, Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlordother exposed elements. In exercising its rights under this Section 4.04SECTION 5.04, Landlord shall minimize, use reasonable efforts to the extent commercially reasonable, (1) minimize any interference with Tenant’s 's use of the Premises for the ordinary conduct of Tenant’s 's business and, subject and (2) to Section 3.02(e), may perform any such installation or maintenance work during non-Business Hours. (b) Except for not reduce the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Premises, all size of the BuildingPremises except to a de minimis extent. In the event that the floor space in any floor in the Premises is reduced by more than 300 square feet and the change which caused such reduction did not benefit Tenant, including, without limitation, exterior Building walls, core corridor walls the Fixed Rent and doors and Additional Charges for such floor shall be proportionately reduced. Tenant shall not have any core corridor entrance, any terraces (easement or other than the Terrace Space) right in or roofs adjacent to the Premises, and use of any space in door or adjacent any passage or any concourse or any plaza connecting the Building with any subway or any other building or to the Premises used for shafts, stacks, pipes, conduits, fan rooms, base building telecommunications or technical rooms, electrical closets, ducts, electric or other utilities, sinks or other Building facilitiesany public conveniences, and the use thereofof such doors, as well as access thereto through the Premisespassages, are reserved concourses, plazas and conveniences may, without notice to Landlord and are not part of the Premises. (c) Landlord shall not darken any of the windows of the Premises after the Commencement Date for any consecutive period in excess of 120 days except to the extent required by Law. Subject to the immediately preceding sentenceTenant, Landlord shall have no liability to Tenant if be regulated or discontinued at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or temporarily or permanently darkened or obstructed if required by Law), or if any part of the Project, other than the Premises, is temporarily or permanently closed or inoperableLandlord. (d) Landlord and persons authorized by Landlord shall have the right, upon reasonable prior notice to Tenant (except in an emergency and which, in the case of non-emergency inspections or work to be performed by Landlord within the Premises, (i) shall be at least 24 hours in advance and (ii) with respect only to entry for the purpose of exhibiting the Premises to prospective purchasers or tenants, shall state the approximate time of such entry, which shall be on a Business Day), to enter the Premises (together with any necessary materials and/or equipment), to inspect or perform such work as Landlord may reasonably deem necessary or to exhibit the Premises to prospective purchasers or, during the last 24 months of the Term, to prospective tenants, or for any other purpose as Landlord may deem necessary or desirable. Any access to the Premises by Landlord pursuant to this Section 4.04(d) shall be subject to the provisions of Section 3.02(e). Tenant shall have the right to have a representative of Tenant accompany Landlord on any entry into the Premises, but, provided that the required notice, if any, is given to Tenant, Landlord’s rights to conduct any such entry, and the timing of such entry, shall not be affected if Tenant shall fail to make such representative available. Notwithstanding anything to the contrary contained in this Section 4(d), upon notice to Landlord, Tenant shall have the right to designate safes and vault areas and other areas in Tenant’s reasonable determination within the Premises to which access by Landlord shall be absolutely prohibited (“Restricted Areas”), except in the case of an emergency involving continuing or imminent loss or threat of loss of life, serious bodily injury, or material loss of property or as may be otherwise required by Law. 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.

Appears in 1 contract

Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)

Access and Changes to Building. (a) Landlord reserves the right, at any time and from time to time, to make changes such changes, alterations, additions, improvements and repairs in or to (i) the Building Premises as Landlord may deem necessary or (ii) the Project as Landlord may deem necessary or desirable, and in each case, Landlord shall have no liability to Tenant therefor; provided, provided any that such change does changes, alterations, additions, improvements or repairs do not (A) adversely affect Tenant’s access to the Premises (except to an immaterial extent), (B) adversely affect or use and enjoyment of the Premises, any common areas change the layout of the Building which Tenant is entitled to usePremises, or any systems or equipment serving reduce the Premises (amount of usable square feet contained in the Premises, in each case, to by more than a de minimis extentamount. During the performance of any such changes, alterations, additions, improvements or repairs, Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises and its use of and access to the Premises; provided, that Landlord shall not be obligated to perform any such changes, alterations, additions, improvements or repairs on an overtime or premium basis (except to the extent that prudent landlords of First Class Office Buildings would do so in a similar situation where Tenant’s operation of its business in the Premises would be materially adversely affected without such overtime work). In addition, or (C) affect the first-class nature of the Building. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, that the same that, (i) are installed within the interior of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, if appropriate, shall be located said installations do not interfere in boxed enclosures and adequately furred and (ii) shall not, except to a de minimis extent, reduce (x) the size of the Premises or (y) the ceiling height; and provided further, that Landlord shall not construct any additional columns within the Premises after the Commencement Date. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any damage to the Premises, any common areas of the Building which Tenant is entitled to use, systems or equipment serving the Premises, Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlord. In exercising its rights under this Section 4.04, Landlord shall minimize, to the extent commercially reasonable, any interference material respect with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and, subject to Section 3.02(e), may perform Premises; and any such installation installations shall not cause a reduction of the usable floor space of the Premises (other than to a de minimis extent) and (ii) such pipes, fans, ducts, wires and conduits are concealed (to the extent commercially and reasonably possible) behind, beneath, or maintenance work during non-Business Hours. (b) Except for the space within the inside surfaces of all then existing partitioning, walls, hung ceilings, floors, windows and doors bounding columns, ceilings or floors. Landlord shall apply finishes necessitated by such changes, alterations, additions, improvements or repairs in such affected areas to match, as similarly as possible, the Premises, all of the Building, including, without limitation, exterior Building walls, core corridor walls and doors and existing finishes. Tenant shall not have any core corridor entrance, any terraces (easement or other than the Terrace Space) right in or roofs adjacent to the Premises, and use of any space in door or adjacent any passage or any concourse or any plaza connecting the Building with any subway or any other building or to the Premises used for shafts, stacks, pipes, conduits, fan rooms, base building telecommunications or technical rooms, electrical closets, ducts, electric or other utilities, sinks or other Building facilitiesany public conveniences, and the use thereofof such doors, as well as access thereto through the Premisespassages, are reserved concourses, plazas and conveniences may, without notice to Landlord and are not part of the Premises. (c) Landlord shall not darken any of the windows of the Premises after the Commencement Date for any consecutive period in excess of 120 days except to the extent required by Law. Subject to the immediately preceding sentenceTenant, Landlord shall have no liability to Tenant if be regulated or discontinued at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or temporarily or permanently darkened or obstructed if required by Law), or if any part of the Project, other than the Premises, is temporarily or permanently closed or inoperableLandlord. (d) Landlord and persons authorized by Landlord shall have the right, upon reasonable prior notice to Tenant (except in an emergency and which, in the case of non-emergency inspections or work to be performed by Landlord within the Premises, (i) shall be at least 24 hours in advance and (ii) with respect only to entry for the purpose of exhibiting the Premises to prospective purchasers or tenants, shall state the approximate time of such entry, which shall be on a Business Day), to enter the Premises (together with any necessary materials and/or equipment), to inspect or perform such work as Landlord may reasonably deem necessary or to exhibit the Premises to prospective purchasers or, during the last 24 months of the Term, to prospective tenants, or for any other purpose as Landlord may deem necessary or desirable. Any access to the Premises by Landlord pursuant to this Section 4.04(d) shall be subject to the provisions of Section 3.02(e). Tenant shall have the right to have a representative of Tenant accompany Landlord on any entry into the Premises, but, provided that the required notice, if any, is given to Tenant, Landlord’s rights to conduct any such entry, and the timing of such entry, shall not be affected if Tenant shall fail to make such representative available. Notwithstanding anything to the contrary contained in this Section 4(d), upon notice to Landlord, Tenant shall have the right to designate safes and vault areas and other areas in Tenant’s reasonable determination within the Premises to which access by Landlord shall be absolutely prohibited (“Restricted Areas”), except in the case of an emergency involving continuing or imminent loss or threat of loss of life, serious bodily injury, or material loss of property or as may be otherwise required by Law. 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.

Appears in 1 contract

Samples: Lease (National Financial Partners Corp)

Access and Changes to Building. (a) In recognition of Tenant as “anchor tenant” of the Building, Landlord reserves the right, at any time, to shall not make changes in or to the Building as Landlord may deem necessary Demised Premises or desirable, and Landlord shall have no liability material changes to Tenant therefor, provided any such change does not (A) adversely affect Tenant’s access to the Premises (except to an immaterial extent), (B) adversely affect the Premises, any common areas of the Building which Tenant is entitled to useBuilding—including entrances, or any systems or equipment serving the Premises exits, lobby, security desk, auditorium, elevators, passages, concourses, plazas, cafeteria (in each caseit being understood, to more than a de minimis extent), or (C) affect the first-class nature of the Building. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, that the same (i) are installed within the interior of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, if appropriate, shall be located in boxed enclosures and adequately furred and (ii) shall not, except to a de minimis extent, reduce (x) the size of the Premises or (y) the ceiling height; and provided furtherhowever, that Landlord shall not construct any additional columns within has no obligation to operate the Premises after cafeteria), restrooms, loading dock, service court and conveniences without Tenant’s prior written approval, if the Commencement Date. Landlord shall restore, at Landlord’s cost, to substantially result of such changes would have a material adverse effect on the same condition existing prior to such work by Landlord, any damage to the Premises, any common areas of the Building which Tenant is entitled to use, systems or equipment serving the Premises, Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlord. In exercising its rights under this Section 4.04, Landlord shall minimize, to the extent commercially reasonable, any interference with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business andbusiness. Approval shall not be unreasonably delayed or withheld. Should any material changes be required by Law, subject Landlord shall notify Tenant in writing of changes to Section 3.02(e)be made at least 10 days (or such shorter time as necessary if the Law requires that the change be made sooner than 10 days) prior to making such change. At all times, may perform Landlord shall use reasonable efforts to not interfere in any such installation or maintenance work during non-Business Hoursmaterial way with Tenant’s use of the Demised Premises for the ordinary conduct of Tenant’s business. (b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Demised Premises, and common areas to the extent designated as available for use to tenants, all of the Building, including, without limitation, exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces (other than the Terrace Space) 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, base building telecommunications or technical rooms, electrical closets, 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 Tenant shall have no access thereto. Landlord may install and maintain 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, below floors or above hung 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. (c) Landlord shall not darken any of the windows of the Premises after the Commencement Date for any consecutive period in excess of 120 days except to the extent required by Law. Subject to the immediately preceding sentence, 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 temporarily or permanently darkened or obstructed if required by Law)) or covered by any translucent material for the purpose of energy conservation. No easement of light or air is hereby granted, provided that Landlord shall not install or if permit the installation by parties under its control of any part object not required by Law that materially and permanently obstructs any of the Project, other than windows in the Demised Premises, is temporarily or permanently closed or inoperable. (d) Landlord and persons authorized by Landlord shall have the right, upon reasonable at least 48 hours prior written notice to Tenant (except in an emergency and whichemergency, in when only reasonable notice under the case of non-emergency inspections or work to be performed by Landlord within the Premises, (i) shall be at least 24 hours in advance and (ii) with respect only to entry for the purpose of exhibiting the Premises to prospective purchasers or tenants, shall state the approximate time of such entry, which shall be on a Business Dayapplicable circumstances is required), to enter the Demised Premises (together with any necessary materials and/or equipment), to inspect inspect, clean or perform such work or repairs as Landlord may reasonably deem necessary or to exhibit the Demised Premises to prospective purchasers lenders or purchasers, or, during the last 24 18 months of the Term, to prospective tenants. If requested by Tenant, or for any other purpose as Landlord may deem necessary or desirable. Any access to the Premises entry by Landlord pursuant to this Section 4.04(d) shall will be subject to in the provisions presence of Section 3.02(e). Tenant shall have the right to have a representative of Tenant; provided a representative of Tenant accompany is made reasonably available. Landlord on any entry into the Premises, but, provided that the required notice, if any, is given will not interfere with or create a hazard to Tenant, ’s normal business operations during such entry and shall repair any damage to Tenant’s property caused by Landlord’s rights entry. (e) Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to conduct any such entry, and (i) the timing of such entry, shall not be affected if Tenant shall fail to make such representative available. Notwithstanding anything Buildings Systems up to the contrary contained in this Section 4(d), upon notice to Landlord, Tenant shall have the right to designate safes and vault areas and other areas in point of Tenant’s reasonable determination distribution system in the Demised Premises; and (ii) common areas of the Project, both exterior and interior, in conformance with standards applicable to first class office buildings similar to the Building in the vicinity of the Building; (iii) glass and windows in and about the Building not installed within the Demised Premises to which access by Landlord shall be absolutely prohibited but including exterior windows; (“Restricted Areas”)iv) roof, except in foundation and all structural elements of the case of an emergency involving continuing or imminent loss or threat of loss of life, serious bodily injury, or material loss of property or as may be otherwise required by Law. 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 LeaseBuilding.

Appears in 1 contract

Samples: Lease (El Paso Electric Co /Tx/)

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Access and Changes to Building. (a) Landlord reserves the right, at any time, to make changes in or to the Building Project (other than the Premises) as Landlord may deem necessary or desirable, and Landlord shall have no liability to Tenant therefor, provided any such change does not (Ai) adversely affect Tenant’s deprive Tenant of reasonable access to the Premises Premises, (ii) deprive Tenant of exclusive use of the 18th St. Lobby (but subject to the provisions of Section 10.03), (iii) deprive Tenant of exclusive use of the Terrace or the Roof (except to an immaterial extentthe extent required by Law), (Biv) adversely affect permanently reduce the Premises, any common areas number of the Building which Tenant is entitled to use, or any systems or equipment Tenant’s Exclusive Elevators serving the Premises (in each case, to more than a de minimis extent), or (Cv) adversely affect the first-class nature of the BuildingProject. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, that the same (i) are installed within the interior of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, if appropriate, shall be located in boxed enclosures and adequately furred and (ii) shall not, except to a de minimis extent, reduce (x) the size of the Premises or (y) the ceiling height; and provided further, that Landlord shall not construct any additional columns within the Premises after the Commencement Date. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any damage to the Premises, any common areas of the Building which Tenant is entitled to use, systems or equipment serving the Premises, Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlord. In exercising its rights under this Section 4.04, Landlord shall minimize, use reasonable efforts to the extent commercially reasonable, minimize any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and, subject to Section 3.02(e), may perform any such installation or maintenance work during non-Business Hoursbusiness. (b) Except for The Premises consists only of the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Premises, all . All other portions of the Building, including, without limitation, exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces (other than the Terrace Space) or roofs adjacent to the PremisesPremises (except to the extent provided in Article 11), and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, fan rooms, base building telecommunications or technical rooms, electrical closets, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Premises, are reserved to Landlord and are not part of the Premises. Landlord reserves the right to change the name or address of the Building at any time and from time to time. Landlord shall permit Tenant to use a reasonable amount of shaft space in the Building for the installation of telecommunications conduit. (c) Landlord shall not darken any of the windows of the Premises after the Commencement Date for any consecutive period in excess of 120 days except to the extent required by Law. Subject to the immediately preceding sentence, Landlord shall have no liability to Tenant if at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or temporarily 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 ProjectBuilding, other than the Premises, is temporarily or permanently closed or inoperable; provided that such closure does not unreasonably interfere with Tenant’s use or occupancy of the Premises or access thereto. (d) Landlord and persons authorized by Landlord shall have the right, upon reasonable prior notice to Tenant (except in an emergency and which, in the case of non-emergency inspections or work to be performed by Landlord within the Premises, (i) shall be at least 24 hours in advance and (ii) with respect only to entry for the purpose of exhibiting the Premises to prospective purchasers or tenants, shall state the approximate time of such entry, which shall be on a Business Dayemergency), to enter the Premises (together with any necessary materials and/or equipment), to inspect the Premises or to perform such work as Landlord may reasonably deem necessary or to exhibit the Premises to prospective purchasers oror others and, during the last 24 20 months of the Term, to prospective tenants, or for any other purpose as . Landlord may deem necessary or desirable. Any access shall use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises by Landlord pursuant to for the ordinary conduit of Tenant’s business in connection with the exercise of Landlord’s rights under this Section 4.04(d) shall be subject to the provisions of Section 3.02(e). Tenant Landlord shall have the right no liability to have a representative Tenant by reason of Tenant accompany Landlord on any entry into the Premises, but, provided that the required notice, if any, is given to Tenant, Landlord’s rights to conduct any such entry, and the timing of such entry, shall not be affected if Tenant shall fail to make such representative available. Notwithstanding anything except to the contrary contained in this Section 4(d), upon notice to extent resulting from the negligence or willful misconduct of Landlord, Tenant shall have the right to designate safes and vault areas and other areas in Tenant’s reasonable determination within the Premises to which access by Landlord shall be absolutely prohibited (“Restricted Areas”), except in the case of an emergency involving continuing or imminent loss or threat of loss of life, serious bodily injury, or material loss of property or as may be otherwise required by Law. 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 set forth in this Lease.

Appears in 1 contract

Samples: Lease (890 5th Avenue Partners, Inc.)

Access and Changes to Building. (a) Landlord reserves the right, at any time, to make 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 (A) adversely affect Tenant’s deprive Tenant of access to the Premises (except to an immaterial extent), (B) adversely affect through a Building lobby and the Premises, any common areas of the Building which Tenant is entitled to use, or any systems or equipment serving the Premises (in each case, to more than a de minimis extent), or (C) Elevators and does not affect the first-class nature of the BuildingProject. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, that the same (i) are installed within the interior of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, if appropriate, shall be located in boxed enclosures and adequately furred and (ii) shall not, except to a de minimis extent, reduce (x) the size rentable square footage of the Premises or (y) the finished ceiling height; and provided further, provided, however, that Landlord shall not construct any additional columns within to the extent there are alternative locations for the pipes and conduits outside of the Premises that provide the same service, do not cost more (by more than a de minimis amount, unless Tenant, after being advised of the Commencement Dateincremental cost, agrees to pay such cost to Landlord) and do not inconvenience or otherwise adversely affect Landlord or other existing or future tenants of the Building, Tenant shall have the right to require Landlord to use such alternative locations. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any damage to the Premises, any common areas of the Building which Tenant is entitled to use, systems or equipment serving the Premises, Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlord. In exercising its rights under this Section 4.04, Landlord shall minimize, use reasonable efforts to the extent commercially reasonable, minimize any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and, subject (but without any obligation to utilize overtime or premium pay labor except as otherwise provided under Section 3.02(e), may perform applied mutatis mutandis). Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any other building or to any public conveniences, and the use of such installation doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or maintenance work during non-Business Hoursdiscontinued at any time by Landlord; provided, that Tenant shall at all times have reasonable access to the Premises through the Elevators and the applicable Building lobby. (b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Premises, all of the Building, including, without limitation, exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces (other than the Terrace Space) or roofs adjacent to the Premises, and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, fan rooms, base building telecommunications or technical rooms, electrical closets, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Premises, are reserved to Landlord and are not part of the Premises. Landlord reserves the right to change the name or address of the Project or any portion thereof at any time and from time to time. Upon reasonable prior notice to Landlord, Landlord will reasonably cooperate with Tenant (at no cost or liability to Landlord) to coordinate access to floors immediately above and below the Premises during Tenant’s Initial Work and during the performance of any subsequent Alteration so that Tenant may perform certain aspects of Tenant’s Initial Work (e.g., installing certain plumbing, duct or cabling work) or such subsequent Alteration, as applicable. Any such access shall be subject to the express terms and conditions of each tenant’s lease relating to such space immediately above and/or below the Premises and any requirements imposed by any such tenant pursuant to such tenant’s lease in connection with such access and the indemnity provisions set forth in Section 6.12(b) shall apply in connection therewith. (c) Landlord shall not darken any of the windows of the Premises after the Commencement Date for any consecutive period in excess of 120 days except to the extent required by Law. Subject to the immediately preceding sentence, Landlord shall have no liability to Tenant if at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or temporarily 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 Project, other than the Premises, is temporarily or permanently closed or inoperable; provided that the same does not deprive Tenant of access to the Premises through a Building lobby and the Elevators. If at any time the windows of the Premises are temporarily darkened or obstructed as permitted in the immediately preceding sentence, Landlord shall, to the extent permitted by Law or applicable governmental authority, perform such repairs, maintenance, alterations or improvements as reasonably promptly as practicable and as reasonably necessary to re-open the same, and, Landlord shall use commercially reasonable efforts to minimize the period of time during which such windows are temporarily darkened or obstructed. (d) Landlord and persons authorized by Landlord shall have the right, upon reasonable prior notice to Tenant (except in an emergency and which, in the case of non-emergency inspections or work to be performed by Landlord within the Premises, (i) shall be at least 24 hours in advance and (ii) with respect only to entry for the purpose of exhibiting the Premises to prospective purchasers or tenants, shall state the approximate time of such entry, which shall be on a Business Dayadvance), to enter the Premises (together with any necessary materials and/or equipment), to inspect or perform such work as Landlord may reasonably deem necessary or to exhibit the Premises to prospective purchasers or, during the last 24 18 months of the Term, to prospective tenants, or for any other purpose as Landlord may reasonably deem necessary or desirable. Any access to Notwithstanding the foregoing, Landlord shall not bring and/or store more materials and equipment in the Premises by Landlord pursuant to this Section 4.04(d) shall be subject to the provisions of Section 3.02(e)perform such work than are reasonably necessary at any time. Tenant shall have the right to have a representative of Tenant accompany Landlord on any entry into the Premises, but, provided that the required notice, if any, is given to Tenant, but Landlord’s rights to conduct any such entry, and the timing of such entry, shall not be affected if Tenant shall fail to make such representative available. Notwithstanding anything to the contrary contained in this Section 4(d), upon notice to Landlord, Tenant Landlord shall have the right no liability to designate safes and vault areas and other areas in Tenant’s reasonable determination within the Premises to which access Tenant by Landlord shall be absolutely prohibited (“Restricted Areas”), except in the case reason of an emergency involving continuing or imminent loss or threat of loss of life, serious bodily injury, or material loss of property or as may be otherwise required by Lawany such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Premises during the Term. In connection with any access to the Premises by Landlord and persons authorized by Landlord, Landlord and such persons shall exercise commercially reasonable efforts to minimize interference with Tenant’s access to, and use of, the Premises for the normal conduct of Tenant’s business therein. (e) Tenant shall have the right to reasonably designate, by written notice to Landlord, certain areas of the Premises, not to exceed 3,000 rentable square feet, in the aggregate, as secure areas (each, a “Secure Area”) to which Landlord shall not have access without being accompanied by a representative of Tenant (except as otherwise expressly provided in the case of an emergency or when Tenant does not make a representative available upon 2 Business Days’ prior written notice); provided, that the Secured Area does not block access to base building systems or other areas of the Building to which Landlord requires regular access. Landlord shall not be required to provide cleaning services or other services which require entry to such Secure Area. Landlord shall not have liability to Tenant for any failure of Landlord to perform any of its obligations hereunder by reason of Landlord’s inability to enter any Secure Area. Notwithstanding anything in this LeaseLease to the contrary, in no event shall the obligations of Landlord under this Section 4.04(e) in any way be construed to obligate Landlord to pay overtime or premium rates for work, materials or access to the Secured Area or any other area of the Premises, and in no event shall Landlord be deemed to be obligated to spend any greater sums of money to perform any work than it would have had to pay if Landlord, and its agents, employees and contractors had obtained access to the Secured Area.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

Access and Changes to Building. (a) Landlord reserves the right, at any time, to make 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 (A) adversely affect Tenant’s deprive Tenant of access to the Premises (except to an immaterial extent), (B) adversely affect through a Building lobby and the Premises, any common areas of the Building which Tenant is entitled to use, or any systems or equipment serving the Premises (in each case, to more than a de minimis extent), or (C) Elevators and does not affect the first-class nature of the BuildingProject. Landlord may install and maintain pipes, fans, ducts, wires and conduits within or through the walls, floors or ceilings of the Premises; provided, that the same (i) are installed within the interior of the walls of the Premises or the floors or ceilings thereof, at Landlord’s sole cost and expense or, if installed adjacent to the interior walls of the Premises or the floors or ceilings of the Premises, if appropriate, shall be located in boxed enclosures and adequately furred and (ii) shall not, except to a de minimis extent, reduce (x) the size rentable square footage of the Premises or (y) the ceiling height; and provided further, provided, however, that Landlord shall not construct any additional columns within to the extent there are alternative locations for the pipes and conduits outside of the Premises that provide the same service, do not cost more (by more than a de minimis amount, unless Tenant, after being advised of the Commencement Dateincremental cost, agrees to pay such cost to Landlord) and do not inconvenience or otherwise adversely affect Landlord or other existing or future tenants of the Building, Tenant shall have the right to require Landlord to use such alternative locations. Landlord shall restore, at Landlord’s cost, to substantially the same condition existing prior to such work by Landlord, any damage to the Premises, any common areas of the Building which Tenant is entitled to use, systems or equipment serving the Premises, Fixtures or Tenant’s Property caused by the performance of any such installation or maintenance work by Landlord. In exercising its rights under this Section 4.04, Landlord shall minimize, use reasonable efforts to the extent commercially reasonable, minimize any interference with Tenant’s use of the Premises for the ordinary conduct of Tenant’s business and, subject (but without any obligation to utilize overtime or premium pay labor except as otherwise provided under Section 3.02(e), may perform applied mutatis mutandis). Tenant shall not have any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any other building or to any public conveniences, and the use of such installation doors, passages, concourses, plazas and conveniences may, without notice to Tenant, be regulated or maintenance work during non-Business Hoursdiscontinued at any time by Landlord; provided, that Tenant shall at all times have reasonable access to the Premises through the Elevators and the applicable Building lobby. (b) Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Premises, all of the Building, including, without limitation, exterior Building walls, core corridor walls and doors and any core corridor entrance, any terraces (other than the Terrace Space) or roofs adjacent to the Premises, and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, fan rooms, base building telecommunications or technical rooms, electrical closets, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof, as well as access thereto through the Premises, are reserved to Landlord and are not part of the Premises. Subject to Section 12.04, Landlord reserves the right to change the name or address of the Project or any portion thereof at any time and from time to time. Upon reasonable prior notice to Landlord, Landlord will reasonably cooperate with Tenant (at no cost or liability to Landlord) to coordinate access to floors immediately above and below the Premises during Tenant’s Initial Work and during the performance of any subsequent Alteration so that Tenant may perform certain aspects of Tenant’s Initial Work (e.g., installing certain plumbing, duct or cabling work) or such subsequent Alteration, as applicable. Any such access shall be subject to the express terms and conditions of each tenant’s lease relating to such space immediately above and/or below the Premises and any requirements imposed by any such tenant pursuant to such tenant’s lease in connection with such access and the indemnity provisions set forth in Section 6.12(b) shall apply in connection therewith. (c) Landlord shall not darken any of the windows of the Premises after the Commencement Date for any consecutive period in excess of 120 days except to the extent required by Law. Subject to the immediately preceding sentence, Landlord shall have no liability to Tenant if at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or temporarily 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 Project, other than the Premises, is temporarily or permanently closed or inoperable; provided that the same does not deprive Tenant of access to the Premises through a Building lobby and the Elevators. If at any time the windows of the Premises are temporarily darkened or obstructed as permitted in the immediately preceding sentence, Landlord shall, to the extent permitted by Law or applicable governmental authority, perform such repairs, maintenance, alterations or improvements as reasonably promptly as practicable and as reasonably necessary to re-open the same, and, Landlord shall use commercially reasonable efforts to minimize the period of time during which such windows are temporarily darkened or obstructed. (d) Landlord and persons authorized by Landlord shall have the right, upon reasonable prior notice to Tenant (except in an emergency and which, in the case of non-emergency inspections or work to be performed by Landlord within the Premises, (i) shall be at least 24 hours in advance and (ii) with respect only to entry for the purpose of exhibiting the Premises to prospective purchasers or tenants, shall state the approximate time of such entry, which shall be on a Business Dayadvance), to enter the Premises (together with any necessary materials and/or equipment), to inspect or perform such work as Landlord may reasonably deem necessary or to exhibit the Premises to prospective purchasers or, during the last 24 18 months of the Term, to prospective tenants, or for any other purpose as Landlord may reasonably deem necessary or desirable. Any access to Notwithstanding the foregoing, Landlord shall not bring and/or store more materials and equipment in the Premises by Landlord pursuant to this Section 4.04(d) shall be subject to the provisions of Section 3.02(e)perform such work than are reasonably necessary at any time. Tenant shall have the right to have a representative of Tenant accompany Landlord on any entry into the Premises, but, provided that the required notice, if any, is given to Tenant, but Landlord’s rights to conduct any such entry, and the timing of such entry, shall not be affected if Tenant shall fail to make such representative available. Notwithstanding anything to the contrary contained in this Section 4(d), upon notice to Landlord, Tenant Landlord shall have the right no liability to designate safes and vault areas and other areas in Tenant’s reasonable determination within the Premises to which access Tenant by Landlord shall be absolutely prohibited (“Restricted Areas”), except in the case reason of an emergency involving continuing or imminent loss or threat of loss of life, serious bodily injury, or material loss of property or as may be otherwise required by Lawany such entry. Landlord shall not be required to make any improvements or repairs of any kind or character to the Premises during the Term. In connection with any access to the Premises by Landlord and persons authorized by Landlord, Landlord and such persons shall exercise commercially reasonable efforts to minimize interference with Tenant’s access to, and use of, the Premises for the normal conduct of Tenant’s business therein. (e) Tenant shall have the right to reasonably designate, by written notice to Landlord, certain areas of the Premises, not to exceed 3,000 rentable square feet, in the aggregate, as secure areas (each, a “Secure Area”) to which Landlord shall not have access without being accompanied by a representative of Tenant (except as otherwise expressly provided in the case of an emergency or when Tenant does not make a representative available upon 2 Business Days’ prior written notice); provided, that the Secured Area does not block access to base building systems or other areas of the Building to which Landlord requires regular access. Landlord shall not be required to provide cleaning services or other services which require entry to such Secure Area. Landlord shall not have liability to Tenant for any failure of Landlord to perform any of its obligations hereunder by reason of Landlord’s inability to enter any Secure Area. Notwithstanding anything in this LeaseLease to the contrary, in no event shall the obligations of Landlord under this Section 4.04(e) in any way be construed to obligate Landlord to pay overtime or premium rates for work, materials or access to the Secured Area or any other area of the Premises, and in no event shall Landlord be deemed to be obligated to spend any greater sums of money to perform any work than it would have had to pay if Landlord, and its agents, employees and contractors had obtained access to the Secured Area.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

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