Common use of ACCESS; CHANGE IN FACILITIES Clause in Contracts

ACCESS; CHANGE IN FACILITIES. SECTION 21.01. Landlord reserves the right, at any time, without incurring any liability to Tenant therefor, to make such changes in or to the Building and the fixtures and equipment of the Building, as well as in the entrances, passageways, halls, doors, doorways, corridors, elevators, escalators, stairs, toilets and other Common Areas, as it may deem necessary or desirable, provided any such change does not deprive Tenant of access to the Premises, unreasonably interfere with the use of the Premises, or reduce the rentable square footage of the Premises in excess of one percent (1%) (without an appropriate adjustment in Fixed Rent due to such reduction in square footage of the Premises). SECTION 21.02. Tenant shall permit Landlord to install, use and maintain pipes, ducts and conduits within or through the Premises, or through the walls, columns and ceilings therein, provided that the installation work is performed at such times and by such methods as will not reduce the useable office space in the Premises or unreasonably interfere with Tenant's use and occupancy of the Premises or damage the appearance thereof. SECTION 21.03. Landlord or Landlord's agents shall have the right to enter the Premises at all times for any of the purposes specified in this Article: (a) to examine the Premises, to perform any obligation of Landlord or to exercise any right or remedy reserved to Landlord in this Lease; (b) to exhibit the Premises to a prospective purchaser, mortgagee or ground lessor of the Building, or others and, during the last nine (9) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four (24) hours prior verbal notice; (c) to make such repairs, alterations, improvements or additions or to perform such maintenance, including the maintenance of all air conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systems, as Landlord may deem necessary or desirable; (d) to take all materials into and upon the Premises that may be required in connection with any such repair, alterations, improvements, additions or maintenance; and (e) to alter, renovate and decorate the Premises if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding the foregoing, except in emergencies or Tenant's default hereunder, all entries by Landlord under this Section shall be at reasonable times and shall be conducted so as not to interfere unduly with Tenant's use and occupancy of the Premises. SECTION 21.04. The exercise of any right reserved to Landlord in this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent (except as specifically provided herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon the holder of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants and conditions of this Lease shall apply to the space into which Tenant shall be relocated.

Appears in 1 contract

Samples: Lease (Renaissance Cosmetics Inc /De/)

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ACCESS; CHANGE IN FACILITIES. SECTION 21.0124.01 Nothing herein contained shall be construed as a letting by Landlord to Tenant of (a) the faces of exterior walls, (b) the space above the hung ceiling of the Premises and below the underside of the floor slab of any higher floor, (c) the space below the underside of the Premises, (d) the land below the sub-base of or air rights above, the Premises or the Building, (e) the roof, or (f) the common areas and facilities of the Building. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, terraces, stairs, landings, and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, conduits, pipes, ductwork, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building Equipment, and the use thereof, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair, are hereby reserved to Landlord. Landlord reserves the right, at any time, without incurring any liability to Tenant therefor, to make such changes in or to the Building and the fixtures and equipment of the BuildingBuilding Equipment, as well as in the entrances, passageways, halls, doors, doorways, corridors, elevators, escalatorsstairs, stairslandings, toilets and other Common Areaspublic parts of the Building, as it may deem necessary or desirable, provided any such change (a) does not unreasonably deprive Tenant of access to the Premises, unreasonably (b) does not interfere with the use of the PremisesPremises or the services furnished to the Premises for an unreasonable length of time, or and (c) does not reduce the rentable square footage area of the Premises in excess of one percent (1%) % (without an appropriate adjustment in Fixed Rent due to such reduction in square footage of the Premisesrent). SECTION 21.02. 24.02 Tenant shall permit Landlord to install, use and maintain pipes, ducts ducts, wires and conduits within or through the Premises, or through the walls, columns and ceilings therein, provided that the installation work is performed at such times and by such methods as will not reduce the useable office space in the Premises or unreasonably interfere with Tenant's use and occupancy of the Premises Premises, or damage the appearance thereof, reduce the floor area thereof by more than 1% (without an appropriate adjustment in rent) or materially affect the layout of the Premises. Landlord shall endeavor to install any such pipes, ducts, wires and conduits in the walls, columns or ceilings of the Building, provided installation in the walls, columns and ceilings is structually possible and Landlord shall not incur any additional costs in making such installations which are not reimbursed by Tenant on demand. Landlord, at its expense, shall promptly repair any damage caused by any such installations, use or maintenance. Where access doors are required in or adjacent to the Premises for mechanical trades, Landlord shall furnish and install such access doors and confine their location wherever practical to closets, coat rooms, toilet rooms, corridors and kitchen or party rooms. Landlord and Tenant shall cooperate with each other in the location of Landlord's and Tenant's facilities requiring such access doors. SECTION 21.03. 24.03 Landlord or Landlord's agents or designees shall have the right to enter the Premises at all times reasonable times, whether or not during normal business hours but upon reasonable advance notice to Tenant, except in an emergency in which case no notice shall be required for any of the purposes specified in this Article: Article and (a) to examine the Premises, to perform Premises or for the purpose of performing any obligation of Landlord or to exercise exercising any right or remedy reserved to Landlord in this Lease; (b) to exhibit the Premises to a prospective purchaser, mortgagee or ground lessor of the Building, or others and, during the last nine (9) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four (24) hours prior verbal noticeothers; (c) to make or cause to be made such repairsrepairs or improvements, alterations, improvements or additions or to perform such maintenance, including the maintenance of all air conditioningBuilding Equipment, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systems, (i) as Landlord may deem necessary or desirabledesirable or (ii) as may be required pursuant to any Legal Requirements; (d) to take all materials into and store upon the Premises all materials that may be required in connection with any such repairrepairs, alterations, improvements, additions improvements or maintenance; and (e) to alter, renovate and decorate the Premises at any time during the Term if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding Landlord agrees, however, that all such repairs, improvements and maintenance shall be made with a minimum of inconvenience to Tenant and that Landlord will diligently proceed therewith to completion but without obligation to employ overtime labor and subject to Force Majeure. If Tenant, its agents or employees shall not be present or shall not permit an entry into the foregoingPremises at any time when such entry shall be permissible, except in emergencies Landlord may use a master key or forcibly enter the Premises. The Superior Lessor, the Superior Mortgagee and the Fee Mortgagee shall have the right to enter the Premises at all times to examine the Premises or for the purpose of exercising any right reserved to Landlord under this Section. During the period commencing twelve (12) months prior to the expiration of the term (or any renewal thereof), Landlord may place upon the exterior of the Premises "For Lease", "To Let" or "For Rent" signs of reasonable size which signs shall not be removed, obliterated or hidden by Tenant. SECTION 24.04 Landlord or Landlord's agents shall have the right to permit access to the Premises at any time, whether or not Tenant shall be present, to any receiver, trustee, marshal or other person entitled to, or reasonably purporting to be entitled to, such access for the purpose of taking possession of, or removing, any Tenant's default hereunderProperty or property of any other occupant of the Premises, all entries or for any other lawful purpose, or by any representative of the fire, police, building, sanitation or other department or instrumentality of the borough, city, state or federal governments. Nothing contained in, nor any action taken by Landlord under under, this Section shall be at reasonable times and shall be conducted so as not deemed to interfere unduly with Tenant's use and occupancy of constitute recognition by Landlord that any person other than Tenant has any right or interest in this Lease or the Premises. SECTION 21.04. 24.05 Landlord reserves the right to light, from time to time, all or any portion of the Premises at night for display purposes but shall reimburse or credit Tenant for any expenses for electricity incurred by Tenant for such display lighting after 9:00 P.M. SECTION 24.06 The exercise of any right reserved to Landlord in this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution be without liability of rent (except as specifically provided herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon the holder of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants and conditions of this Lease shall apply to the space into which Tenant shall be relocated.

Appears in 1 contract

Samples: Lease (Asi Solutions Inc)

ACCESS; CHANGE IN FACILITIES. SECTION 21.01Section 24.01. All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, atrium access ways to atria not within any tenant's premises, terraces, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises used for columns, shafts, stacks, stairways, risers, elevator shafts and machinery, conduits, air conditioning rooms, Telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building Equipment, and the use thereof, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair, are hereby, subject to Tenant's rights expressly set forth in the Work Letter, exclusively reserved to Landlord. Landlord reserves the right, at any time, without incurring any liability Liability to Tenant therefor, to make such changes in or to the Building and the fixtures and equipment of the BuildingBuilding Equipment, as well as in the entrances, passageways, halls, doors, doorwayslobbies, plaza areas, atria not within any tenant's premises, corridors, elevators, escalatorsBuilding stairs, stairslandings, toilets and other Common Areaspublic parts of the Building not within the Premises, as it may deem necessary or desirable, provided any such change (a) does not unreasonably deprive Tenant of access to the Premises, unreasonably (b) does not materially and adversely interfere with the use of the PremisesPremises or the services furnished to the Premises for an unreasonable length of time, or and (c) does not reduce the rentable square footage area of the Premises in excess of one percent 1/2% (1%) (without provided that any such reduction in space shall be accompanied by an appropriate adjustment in Fixed Rent due to such reduction in square footage of the Premisesrent). SECTION 21.02Section 24.02. Tenant shall permit Landlord to may install, use use, control and maintain pipes, ducts fans, ducts, wires and conduits within or through the Premises, or through the walls, columns and ceilings therein, provided that the installation work is performed at such times and by such methods as will not reduce the useable office space in the Premises or unreasonably interfere with Tenant's use and occupancy of the Premises, or reduce the floor area thereof by more than l/2% (provided that any such reduction in space shall be accompanied by an appropriate adjustment in rent). Where access doors are required in or adjacent to the Premises or damage for mechanical trades, Landlord shall furnish them and have all keys to such access doors. Tenant shall cooperate with Landlord in the appearance thereof. SECTION 21.03. Landlord or location of Landlord's agents shall have the right to enter the Premises at all times access doors for any of the purposes specified in this Article: (a) to examine the Premises, to perform any obligation of Landlord or to exercise any right or remedy reserved to Landlord in this Lease; (b) to exhibit the Premises to a prospective purchaser, mortgagee or ground lessor of the Building, or others and, during the last nine (9) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four (24) hours prior verbal notice; (c) to make such repairs, alterations, improvements or additions or to perform such maintenance, including the maintenance of all air conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systems, as Landlord may deem necessary or desirable; (d) to take all materials into and upon the Premises that may be required in connection with any such repair, alterations, improvements, additions or maintenance; and (e) to alter, renovate and decorate the Premises if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding the foregoing, except in emergencies or Tenant's default hereunder, all entries by Landlord under this Section shall be at reasonable times and shall be conducted so as not to interfere unduly with Tenant's use and occupancy of the Premisesfacilities. SECTION 21.04. The exercise of any right reserved to Landlord in this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent (except as specifically provided herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon the holder of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants and conditions of this Lease shall apply to the space into which Tenant shall be relocated.

Appears in 1 contract

Samples: Lease (Instinet Group LLC)

ACCESS; CHANGE IN FACILITIES. SECTION 21.0121.1 All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises presently being used as of the date of this Lease for columns, shafts, stacks, stairways, risers, elevator shafts and machinery, conduits, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building equipment, and the use thereof, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair, are hereby exclusively reserved to Landlord, except to the extent otherwise specifically provided in this Lease. Landlord reserves the right, at any time, without incurring any liability to Tenant therefor, to make such changes in or to the Building and the fixtures and equipment of the BuildingBuilding equipment, as well as in the entrances, passageways, halls, doors, doorwayslobbies, interior and exterior plaza areas, corridors, elevatorselevators (provided, escalatorshowever, Landlord shall during Business Hours and subject to maintenance and repairs, maintain two (2) passenger elevators to service the Premises), Building stairs, landings, toilets and other Common Areaspublic parts of the Building, as it may deem necessary or desirable, provided any such change (a) does not unreasonably deprive Tenant of access to the Premises, unreasonably (b) does not materially and adversely interfere with the use of the Premises or the services furnished to the Premises for an unreasonable length of time or (c) does not materially reduce the size, or materially and dramatically change the size or nature, of the lobby of the Building. Notwithstanding the foregoing Tenant shall have the right, at its discretion, to laminate over any elevator banks within the Premises which are not servicing the applicable floor in the Premises, or reduce provided, (i) such lamination is permitted by, and Tenant complies with, all Legal Requirements and Insurance Requirements, (ii) Tenant obtains all necessary permits required to construct and maintain such lamination and (iii) at the rentable square footage end of the Premises in excess of one percent (1%) (without an appropriate adjustment in Fixed Rent due Term and prior to Tenant vacating the floor on which such lamination exists, Tenant removes such lamination and restores, at Tenant's sole cost and expense, the area to the condition existing prior to such reduction in square footage lamination. If Landlord shall make material changes to the lobby, Landlord will advise Tenant of the Premises)changes and seek Tenant's advice and input. SECTION 21.02. Tenant shall permit 21.2 Landlord to may install, use use, control and maintain pipes, ducts fans, ducts, wires and conduits within or through the Premises, or through the walls, columns and ceilings therein, provided that the installation work is performed at such times and by such methods as resulting construction will not reduce the useable office space in the Premises or unreasonably interfere with Tenant's use and occupancy of the Premises or damage nor diminish, beyond a de minimis degree, the appearance thereof. SECTION 21.03. Landlord or Landlord's agents shall have the right to enter the Premises at all times for any of the purposes specified in this Article: (a) to examine the Premises, to perform any obligation of Landlord or to exercise any right or remedy reserved to Landlord in this Lease; (b) to exhibit the Premises to a prospective purchaser, mortgagee or ground lessor of the Building, or others and, during the last nine (9) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four (24) hours prior verbal notice; (c) to make such repairs, alterations, improvements or additions or to perform such maintenance, including the maintenance of all air conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systems, as Landlord may deem necessary or desirable; (d) to take all materials into and upon the Premises that may be required in connection with any such repair, alterations, improvements, additions or maintenance; and (e) to alter, renovate and decorate the Premises if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding the foregoing, except in emergencies or Tenant's default hereunder, all entries by Landlord under this Section shall be at reasonable times and shall be conducted so as not to interfere unduly with Tenant's use and occupancy of the Premises. SECTION 21.04. The exercise of any right reserved to Landlord in this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent (except as specifically provided herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon the holder of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (footage or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, wall area and all the terms, covenants and conditions of this Lease shall apply to the space into which Tenant shall be relocated.such pipes,

Appears in 1 contract

Samples: Lease Agreement (Organic Inc)

ACCESS; CHANGE IN FACILITIES. SECTION 21.01. 22.1 All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises used for columns, shafts, stacks, stairways, risers, elevator shafts and machinery, conduits, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building equipment, and the use thereof (provided, that the foregoing list shall not include Tenant's personal property and trade fixtures, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair) are, subject to the express provisions hereof, hereby exclusively reserved to Landlord reserves along with the right, at any time, time and without incurring any liability to Tenant therefor, to make such changes any change in or to the Building and the fixtures and equipment of the BuildingBuilding equipment, as well as in the entrances, passageways, halls, doors, doorwayslobbies, interior and exterior plaza areas, corridors, elevators, escalatorsBuilding stairs, stairslandings, toilets and other Common Areaspublic parts of the Building, as it that Landlord may reasonably deem necessary or desirable, provided that any such change (a) does not unreasonably deprive Tenant of access to the Premises, unreasonably or (b) does not materially and adversely interfere with the use of the Premises, or reduce the rentable square footage usable area of the Premises in excess or the services furnished to the Premises for an unreasonable length of one percent (1%) (without an appropriate adjustment in Fixed Rent due to such reduction in square footage of the Premises)time. SECTION 21.02. Tenant shall permit 22.2 Subject to the provisions of clauses (a) and (b) of Section 22.1, Landlord to may install, use use, control and maintain pipes, ducts fans, ducts, wires and conduits within or through the Premises, or through the walls, columns and ceilings thereinof the Premises. Tenant hereby grants Landlord access through the Premises in connection with Landlord's installation, provided that use, control and maintenance of such pipes, fans, ducts, wires and conduits. Where access doors are required by Landlord in or adjacent to the installation work is performed at Premises for mechanical trades, Landlord shall furnish them and have all keys to such times and by such methods as will not reduce the useable office space access doors. Tenant shall cooperate with Landlord in the Premises or unreasonably interfere with Tenantlocation of Landlord's use and occupancy access doors for such facilities. 22.3 Landlord shall have the right to take all reasonable measures as Landlord may deem advisable for the security of the Premises Building and its occupants, including, without limitation, the search of all persons entering or damage leaving the appearance thereofBuilding, the evacuation of the Building for cause, suspected cause or for drill purposes. SECTION 21.03. 22.4 Landlord or Landlord's agents (and Master Landlord and its agents) shall have the right to enter the Premises after reasonable prior notice at all any reasonable times during Business Hours, except in the event of an emergency, for any of the purposes specified in this Article: Article and (a) to examine the Premises, to perform Premises or for the purpose of performing any obligation of Landlord or to exercise exercising any right or remedy reserved to Landlord in this Lease (or to the Superior Landlord in any Superior Lease); (b) to exhibit the Premises to a prospective purchaser, mortgagee mortgagees or ground lessor purchasers of the Building, or others and, during the last nine ; (9c) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four but only within the last twelve (2412) hours prior verbal noticemonths of the Term; (cd) to make or cause to be made such repairsrepairs or improvements, alterations, improvements or additions or to perform such maintenance, including the maintenance of all air conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systemsBuilding equipment, as Landlord may deem necessary or desirabledesirable or required by any Governmental Authority, Legal Requirement or Insurance Requirement; and (de) to take all materials into and temporarily store, during the course of such repairs, improvements or maintenance, upon the Premises all materials that may be required in connection with any such repairtherewith. If Tenant, alterations, improvements, additions its agents or maintenance; and (e) to alter, renovate and decorate employees shall not be present or shall not permit an entry into the Premises if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding the foregoing, except in emergencies or Tenant's default hereunder, all entries by Landlord under this Section at any time when such entry shall be at permissible, Landlord may use a master key or forcibly (if it has reasonable times and cause to do so) enter the Premises without any liability therefor, provided Landlord shall be conducted so as not to interfere unduly with Tenant's use and occupancy of utilize appropriate due care in such circumstances while in the Premises. SECTION 21.04. 22.5 The exercise of any right reserved rights retained by Landlord pursuant to this Article 22 shall be without liability to Tenant or any person claiming through Tenant for damage or injury to property, person (while in the Premises or at the Building on its way to or from the Premises) or business and without effecting an eviction, constructive or actual, or disturbance of Tenant's use of possession or giving rise to any claim for setoff or abatement of Base Rent or Additional Rent. If Landlord causes damage to Tenant's property through its negligence or willful misconduct in exercising the rights under in this Article 22, Landlord shall not constitute an actual be liable for any damage or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution interruption of rent (except as specifically provided herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon the holder of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants and conditions of this Lease shall apply business to the space into which extent the damage or interruption is not covered by Tenant's insurance or the insurance Tenant shall be relocatedis required to carry, pursuant to Article 17 hereof.

Appears in 1 contract

Samples: Lease (Franklin Credit Management Corp/De/)

ACCESS; CHANGE IN FACILITIES. SECTION 21.01Section 23.01 (a) Nothing herein contained shall be construed as a letting by Landlord to Tenant of, (i) the faces of exterior walls, (ii) the space below the underside of the Premises, (iii) the land below the sub-base of or air rights above, the Premises or the Building, (iv) the roof, or (v) the common areas and facilities of the Building. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, terraces, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, conduits, pipes, ductwork, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building Equipment, and the use thereof, as well as access thereto through the Premises for the purpose of operation, decoration, cleaning, maintenance, safety, security, alteration and repair, are hereby reserved to Landlord. Notwithstanding the foregoing, subject to the provisions of this Lease, Tenant shall have the right in common with other tenants of reasonable access to, and use of, the conduits, shafts, telephone rooms, stacks, stairways, pipes, ductwork, plumbing, electrical and other mechanical facilities, provided such access and use does not interfere with the proper functioning of the Building System, the operations of the Building and/or the use and occupancy by other tenants in the Building of their respective premises. Landlord reserves the right, at any time, without incurring any liability to Tenant therefor, to make such changes in or to the Building and the fixtures and equipment of the BuildingEquipment, as well as in the entrances, passageways, halls, doors, doorways, corridors, elevators, escalatorsstairs, stairslandings, toilets and other Common Areaspublic parts of the Building, as it may deem necessary or desirable, provided any such change (a) does not unreasonably deprive Tenant of access to the Premises, Premises and (b) does not unreasonably interfere with the use of the Premises, Premises or reduce the rentable square footage of the Premises in excess of one percent (1%) (without an appropriate adjustment in Fixed Rent due services furnished to such reduction in square footage of the Premises). SECTION 21.02. Tenant shall permit Landlord to install, use and maintain pipes, ducts and conduits within or through the Premises, or through the wallsfor an unreasonable length of time, columns and ceilings therein, provided that the installation work is performed at such times and by such methods as will not reduce the useable office space in the Premises or unreasonably interfere with Tenant's use and occupancy of the Premises or damage the appearance thereof. SECTION 21.03. Landlord or Landlord's agents shall have the right to enter the Premises at all times for any of the purposes specified in this Article: (a) to examine the Premises, to perform any obligation of Landlord or to exercise any right or remedy reserved to Landlord in this Lease; (b) to exhibit the Premises to a prospective purchaser, mortgagee or ground lessor of the Building, or others and, during the last nine (9) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four (24) hours prior verbal notice; (c) to make such repairs, alterations, improvements or additions or to perform such maintenance, including the maintenance of all air conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systems, as Landlord may deem necessary or desirable; (d) to take all materials into and upon the Premises that may be required does not result in connection with any such repair, alterations, improvements, additions or maintenance; and (e) to alter, renovate and decorate the Premises if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding the foregoing, except in emergencies or Tenant's default hereunder, all entries by Landlord under this Section shall be at reasonable times and shall be conducted so as not to interfere unduly with Tenant's use and occupancy of the Premises. SECTION 21.04. The exercise a breach of any right reserved to Landlord in this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent (except as specifically provided herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon covenant contained herein on the holder of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or Landlord to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants observe and conditions of this Lease shall apply to the space into which Tenant shall be relocatedperform.

Appears in 1 contract

Samples: Lease Agreement (Jupiter Communications Inc)

ACCESS; CHANGE IN FACILITIES. SECTION 21.01. Landlord reserves the right, at any timetime and at Landlord's sole cost and expense, without incurring any liability to Tenant therefor, to make such changes in or to the Building and the fixtures and equipment of the Building, as well as in the entrances, passageways, halls, doors, doorways, corridors, elevators, escalators, stairs, toilets and other Common Areas, as it may deem necessary or desirable, provided any such change does not deprive Tenant of access to the Premises, unreasonably interfere with the use of the Premises, reduce either disproportionately or by more than one (1) the number of parking spaces allocated to Tenant, or reduce the rentable square footage of the Premises in excess of one percent (1%) (without an appropriate adjustment in Fixed Rent due to such reduction in square footage of the Premises). SECTION 21.02. Tenant shall permit Landlord to install, use and maintain pipes, ducts and conduits within or through the Premises, or through the walls, columns and ceilings therein, provided that the installation work is performed at such times and by such methods as will not reduce the useable office space in the Premises or unreasonably interfere with Tenant's use and occupancy of the Premises or damage the appearance thereof. SECTION 21.03. Landlord or Landlord's agents shall have the right to enter the Premises at all times for any of the purposes specified in this Article: (a) to examine the Premises, to perform any obligation of Landlord or to exercise any right or remedy reserved to Landlord in this Lease; (b) to exhibit the Premises to a prospective purchaser, mortgagee or ground lessor of the Building, or others and, during the last nine twelve (912) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four (24) hours prior verbal notice; (c) to make such repairs, alterations, improvements or additions or to perform such maintenance, including the maintenance of all air conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systems, as Landlord may deem necessary or desirable; (d) to take all materials into and upon the Premises that may be required in connection with any such repair, alterations, improvements, additions or maintenance; and (e) to alter, renovate and decorate the Premises if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding the foregoing, except in emergencies or Tenant's uncured default hereunder, all entries by Landlord under this Section shall be at reasonable times times, upon prior notice, and shall be conducted so as not to interfere unduly with Tenant's use and occupancy of the Premises. SECTION 21.04. The exercise of any right reserved to Landlord in this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent (except as specifically provided herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon the holder of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants and conditions of this Lease shall apply to the space into which Tenant shall be relocated.

Appears in 1 contract

Samples: Lease (Franchise Mortgage Acceptance Co)

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ACCESS; CHANGE IN FACILITIES. SECTION 21.0135.1. Landlord reserves the right, at any time, without incurring any liability to Tenant therefor, to make such changes in or to the Building and the fixtures and equipment of the Building, as well as in the entrances, passageways, halls, doors, doorways, corridors, elevators, escalators, stairs, toilets and other Common Areaspublic parts of the Building, as it may reasonably deem necessary or desirable, provided any such change does not deprive Tenant of access to the Premises, unreasonably interfere with the use of the Premises, or nor reduce the rentable square footage area of the Premises in excess of one five percent (15%) in the aggregate (without provided an appropriate adjustment in Fixed Rent and Tenant's Proportionate Share due to such reduction in square footage the area of the PremisesPremises is made). SECTION 21.0235.2. Tenant shall permit Landlord to install, use and maintain pipes, ducts and conduits within or through the Premises, or through the walls, columns and ceilings therein, provided that the installation work is performed (and the result is such that) at such times and by such methods as will not reduce the useable office space in the Premises or unreasonably interfere with Tenant's use and occupancy of the Premises Premises, or damage the appearance thereof. SECTION 21.0335.3. Landlord or Landlord's agents shall have the right upon reasonable prior notice to Tenant at all reasonable hours (except) in the case of an emergency, in which case no notice is required to be given by Landlord) to enter the Premises at all times for any of the purposes specified in this Article: Article and (a) to examine the Premises, to perform Premises or for the purpose of performing any obligation of Landlord or to exercise exercising any right or remedy reserved to Landlord in this Lease; (b) to exhibit the Premises to a prospective purchaser, mortgagee or ground lessor of the Building, or others and, during in the last nine (9) four months of the Lease Term(if Tenant has not elected to renew the Lease), and at reasonable times, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four (24) hours prior verbal noticeothers; (c) to make such decorations, repairs, alterations, improvements or additions additions, or to perform such maintenance, including the maintenance of all air air-conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systems, systems as Landlord may reasonably deem necessary or desirable; (d) to take all materials into and upon the Premises that may be required in connection with any such repairdecorations, repairs, alterations, improvements, additions or maintenance; and (e) to alter, renovate and decorate the Premises at any time during the Term if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding Premises and stopped paying Fixed Rent; provided, however, Landlord shall perform the foregoing, except work or exercise its rights described in emergencies or Tenant's default hereunder, all entries by Landlord under this Section shall be at reasonable times and shall be conducted clauses (a) through (d) in the manner so as not to unreasonably interfere unduly with Tenant's use and occupancy of the Premisesbusiness. SECTION 21.0435.4. The exercise of any right reserved to Landlord in this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent (except as specifically provided herein)or rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon the holder of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants and conditions of this Lease shall apply to the space into which Tenant shall be relocated.

Appears in 1 contract

Samples: Office Lease (Us Servis Inc)

ACCESS; CHANGE IN FACILITIES. SECTION 21.0144.01 All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Demised Premises, all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building facilities, and the use thereof, as well as access thereto after reasonable (under the circumstances) notice, through the Demised Premises for the purposes of operation, decoration, maintenance, alteration and repair, are hereby reserved to Landlord. Landlord reserves the right, at any time, without incurring any liability to Tenant therefor, to make such changes in or to the Building and the fixtures and equipment of the Building, Building as well as in the entrances, passageways, halls, doors, doorways, corridors, elevators, escalators, stairs, toilets and other Common Areaspublic parts of the Building, as it may deem necessary or desirable, provided any such change does not deprive Tenant of access to the Premises, unreasonably materially and adversely interfere with the Tenant's use of the Demised Premises or the services furnished to the Demised Premises (in doing so, Landlord shall act in such a manner as to minimize interference with the conduct of Tenant's business in the Demised Premises, or ) and (c) does not reduce the rentable square footage floor area of the Demised Premises in excess of one by more than two percent (12%) thereof (without an appropriate adjustment in Fixed Rent due fixed annual rent). Nothing contained in this Article 44.01 shall impose any obligation upon Landlord with respect to such reduction in square footage the operation, decoration, maintenance, alteration or repair of the Premises)Demised Premises or the Building beyond that expressly provided elsewhere in this Lease. SECTION 21.02. 44.02 Tenant shall permit Landlord to install, use and maintain pipes, ducts and conduits within or through the Demised Premises, or through the walls, columns and ceilings therein, provided that the installation work is performed at such times and by such methods as will not reduce the useable office space in the Premises or unreasonably materially and adversely interfere with Tenant's use and occupancy of the Demised Premises or damage the services furnished to the Demised Premises, materially and adversely affect the appearance thereof reduce the floor area thereof, by more than two percent (2%) (without an appropriate adjustment in fixed annual rent) or materially and adversely affect the layout of the Demised Premises. Where access doors are required in or adjacent to the Demised Premises for mechanical trades, Landlord shall furnish and install such access doors and confine their location, wherever practical to closets, coat rooms, toilet rooms, corridors and kitchen or pantry rooms. Landlord and Tenant shall cooperate with each other in the location of Landlord's and Tenant's facilities requiring such access doors. SECTION 21.03. 44.03 Landlord or Landlord's agents shall have the right to enter the Demised Premises at all reasonable times with reasonable advance notice (except that Landlord or Landlord's agents shall have the right to enter the Demised Premises at any time and without notice in the event of an emergency involving immediate danger (i) to human life or limb or (ii) to the Building or the Demised Premises) for any of the purposes specified in this Article: Lease, including without limitation, Article 44 and (a) to examine the Premises, to perform Demised Premises or for the purpose of performing any obligation of Landlord or to exercise exercising any right or remedy reserved to Landlord in this Lease; (b) to exhibit the Demised Premises to a prospective purchaser, mortgagee or ground lessor of the Building, or others and, during the last nine six (96) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four (24) hours prior verbal noticeTerm during business hours; (c) to make such decorations, repairs, alterations, improvements or additions additions, or to perform such maintenance, including the maintenance of all air conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systems, systems as Landlord may deem necessary or desirable; and (d) to take all materials into and upon the Demised Premises that may be required in connection with any such repairdecorations, repairs, alterations, improvements, additions or maintenance; . During the last twelve (12) months of the Term, Landlord may place upon the Building notices of space to be leased or sold, including, without limitation, notices identifying the floor location of the Demised Premises stating "To Let" and (e) to alter, renovate and decorate the Premises if "For Sale" which notices Tenant shall have removed all permit to remain without molestation. If Tenant, its officers, partners, agents or substantially all employees shall not be personally present or shall not open and permit an entry into the Demised Premises at any time when such entry shall be necessary because of Tenant's Property from an emergency as described above, Landlord may use a master key or forcibly enter the Demised Premises. Notwithstanding The holder of all Underlying Interests shall have the foregoing, except in emergencies or Tenant's default hereunder, right to enter the Demised Premises at all entries by Landlord under this Section shall be at reasonable times and shall be conducted so as not with reasonable advance notice to interfere unduly with Tenant's use and occupancy examine the Demised Premises or for the purpose of the Premises. SECTION 21.04. The exercise of exercising any right reserved to Landlord in under this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent (except as specifically provided herein), or relieve Tenant from any 44. In the exercise of its obligations rights under this LeaseArticle 44.03, or impose any liability upon Landlord or Landlord's agents, or upon shall act in such a manner as to minimize interference with the holder conduct of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves business in the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants and conditions of this Lease shall apply to the space into which Tenant shall be relocatedPremises.

Appears in 1 contract

Samples: Lease Agreement (Cross Media Marketing Corp)

ACCESS; CHANGE IN FACILITIES. SECTION 21.0121.1 All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises presently being used as of the date of this Lease for columns, shafts, stacks, stairways, risers, elevator shafts and machinery, conduits, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building equipment, and the use thereof, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair, are hereby exclusively reserved to Landlord, except to the extent otherwise specifically provided in this Lease. Landlord reserves the right, at any time, without incurring any liability to Tenant therefor, to make such changes in or to the Building and the fixtures and equipment of the BuildingBuilding equipment, as well as in the entrances, passageways, halls, doors, doorwayslobbies, interior and exterior plaza areas, corridors, elevatorselevators (provided, escalatorshowever, Landlord shall during Business Hours and subject to maintenance and repairs, maintain two (2) passenger elevators to service the base floors of the Premises and two (2) passenger elevators to service the tower floors of the Premises provided at least one of such elevators shall interconnect all of the Premises), Building stairs, landings, toilets and other Common Areaspublic parts of the Building, as it may deem necessary or desirable, provided any such change (a) does not unreasonably deprive Tenant of access to the Premises, unreasonably (b) does not materially and adversely interfere with the use of the Premises or the services furnished to the Premises for an unreasonable length of time or (c) does not materially reduce the size, or materially and dramatically change the size or nature, of the lobby of the Building. Notwithstanding the foregoing Tenant shall have the right, at its discretion, to laminate over any elevator banks within the Premises which are not servicing the applicable floor in the Premises, or reduce provided, (i) such lamination is permitted by, and Tenant complies with, all Legal Requirements and Insurance Requirements, (ii) Tenant obtains all necessary permits required to construct and maintain such lamination and (iii) at the rentable square footage end of the Premises in excess of one percent (1%) (without an appropriate adjustment in Fixed Rent due Term and prior to Tenant vacating the floor on which such lamination exists, Tenant removes such lamination and restores, at Tenant's sole cost and expense, the area to the condition existing prior to such reduction in square footage lamination. If Landlord shall make material changes to the lobby, Landlord will advise Tenant of the Premises)changes and seek Tenant's advice and input. SECTION 21.02. Tenant shall permit 21.2 Landlord to may install, use use, control and maintain pipes, ducts fans, ducts, wires and conduits within or through the Premises, or through the walls, columns and ceilings therein, provided that the installation work is performed at such times and by such methods as resulting construction will not reduce the useable office space in the Premises or unreasonably interfere with Tenant's use and occupancy of the Premises nor diminish, beyond a de minimis degree, the rentable square footage or damage wall area and all such pipes, fans, ducts, wires and conduits are concealed. Tenant hereby grants Landlord access through the appearance thereofPremises in connection with Landlord's installation, use, control and maintenance of such pipes, fans, ducts, wires and conduits. Where access doors are required by Landlord in or adjacent to the Premises for mechanical trades, Landlord shall furnish them and have all keys to such access doors. Tenant shall cooperate with Landlord in the location of Landlord's access doors for such facilities. SECTION 21.03. 21.3 Landlord shall have the right to take all reasonable measures as Landlord may deem advisable for the security of the Building and its occupants, including, without limitation, the search of all persons entering or leaving the Building, the evacuation of the Building for cause, suspected cause or for drill purposes. 21.4 Landlord and Landlord's agents shall have the right to enter the Premises at all times reasonable times, upon reasonable prior notice, whether or not during Business Hours, for any of the purposes specified in this Article: Article and (a) to examine the Premises, to perform Premises or for the purpose of performing any obligation of Landlord or to exercise exercising any right or remedy reserved to Landlord in this Lease (or to the Superior Landlord in any Superior Lease); (b) to exhibit the Premises to a prospective purchaser, mortgagee mortgagees or ground lessor purchasers of the Building, or others and, during the last nine ; (9c) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant but only within the last twenty-four (24) hours prior verbal noticemonths of the initial Term or the last twelve (12) months of the renewal Term; (cd) to make or cause to be made such repairsrepairs or improvements, alterations, improvements or additions or to perform such maintenance, including the maintenance of all air conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systemsBuilding equipment, as Landlord may deem necessary or desirabledesirable or required by any Governmental Authority, Legal Requirement or Insurance Requirement; and (de) to take all materials into and temporarily store, during the course of such repairs, improvements or maintenance, upon the Premises all materials that may be required in connection with any such repairtherewith. If Tenant, alterationsits agents or employees, improvementsafter reasonable prior notice has been afforded Tenant, additions shall not be present or maintenance; and (e) to alter, renovate and decorate shall not permit an entry into the Premises if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding the foregoing, except in emergencies or Tenant's default hereunder, all entries by Landlord under this Section at any time when such entry shall be at reasonable times and shall be conducted so as not to interfere unduly with Tenant's permissible, Landlord may use and occupancy of a master key or forcibly enter the PremisesPremises without any liability therefor. SECTION 21.04. 21.5 The exercise of any right reserved rights retained by Landlord pursuant to Landlord in this Article 21 shall not constitute be without liability to Tenant or any person claiming through Tenant for damage or injury to property, person or business and without effecting an actual or constructive eviction, in whole constructive or in partactual, or entitle Tenant disturbance of Tenant's use of possession or giving rise to any claim for set off or abatement of Base Rent or diminution of rent (except as specifically provided herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon the holder of a Superior MortgageAdditional Rent. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent), Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants and conditions of this Lease shall apply to the space into which Tenant shall be relocated.

Appears in 1 contract

Samples: Lease Agreement (Agency Com LTD)

ACCESS; CHANGE IN FACILITIES. SECTION 21.01. 22.1 All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises used for columns, shafts, stacks, stairways, risers, elevator shafts and machinery, conduits, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building equipment, and the use thereof (provided, that the foregoing list shall not include Tenant’s personal property and trade fixtures, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair) are, subject to the express provisions hereof, hereby exclusively reserved to Landlord reserves along with the right, at any time, time and without incurring any liability to Tenant therefor, to make such changes any change in or to the Building and the fixtures and equipment of the BuildingBuilding equipment, as well as in the entrances, passageways, halls, doors, doorwayslobbies, interior and exterior plaza areas, corridors, elevators, escalatorsBuilding stairs, stairslandings, toilets and other Common Areaspublic parts of the Building, as it that Landlord may reasonably deem necessary or desirable, provided that any such change (a) does not unreasonably deprive Tenant of access to the Premises, unreasonably or (b) does not materially and adversely interfere with the use of the Premises, or reduce the rentable square footage usable area of the Premises in excess or the services furnished to the Premises for an unreasonable length of one percent (1%) (without an appropriate adjustment in Fixed Rent due to such reduction in square footage of the Premises)time. SECTION 21.02. Tenant shall permit 22.2 Subject to the provisions of clauses (a) and (b) of Section 22.1, Landlord to may install, use use, control and maintain pipes, ducts fans, ducts, wires and conduits within or through the Premises, or through the walls, columns and ceilings thereinof the Premises. Tenant hereby grants Landlord access through the Premises in connection with Landlord’s installation, provided that use, control and maintenance of such pipes, fans, ducts, wires and conduits. Where access doors are required by Landlord in or adjacent to the installation work is performed at Premises for mechanical trades, Landlord shall furnish them and have all keys to such times and by such methods as will not reduce the useable office space access doors. Tenant shall cooperate with Landlord in the Premises or unreasonably interfere with Tenant's use and occupancy location of Landlord’s access doors for such facilities. 22.3 Landlord shall have the right to take all reasonable measures as Landlord may deem advisable for the security of the Premises Building and its occupants, including, without limitation, the search of all persons entering or damage leaving the appearance thereofBuilding, the evacuation of the Building for cause, suspected cause or for drill purposes. SECTION 21.03. 22.4 Landlord or Landlord's ’s agents (and Master Landlord and its agents) shall have the right to enter the Premises after reasonable prior notice at all any reasonable times during Business Hours, except in the event of an emergency, for any of the purposes specified in this Article: Article and (a) to examine the Premises, to perform Premises or for the purpose of performing any obligation of Landlord or to exercise exercising any right or remedy reserved to Landlord in this Lease (or to the Superior Landlord in any Superior Lease); (b) to exhibit the Premises to a prospective purchaser, mortgagee mortgagees or ground lessor purchasers of the Building, or others and, during the last nine ; (9c) months of the Lease Term, to exhibit the Premises to prospective tenants, provided, that if possible Landlord give Tenant twenty-four but only within the last twelve (2412) hours prior verbal noticemonths of the Term; (cd) to make or cause to be made such repairsrepairs or improvements, alterations, improvements or additions or to perform such maintenance, including the maintenance of all air conditioning, elevator, plumbing, electrical, sanitary, mechanical and other service or utility systemsBuilding equipment, as Landlord may deem necessary or desirabledesirable or required by any Governmental Authority, Legal Requirement or Insurance Requirement; and (de) to take all materials into and temporarily store, during the course of such repairs, improvements or maintenance, upon the Premises all materials that may be required in connection with any such repairtherewith. If Tenant, alterations, improvements, additions its agents or maintenance; and (e) to alter, renovate and decorate employees shall not be present or shall not permit an entry into the Premises if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. Notwithstanding the foregoing, except in emergencies or Tenant's default hereunder, all entries by Landlord under this Section at any time when such entry shall be at permissible, Landlord may use a master key or forcibly (if it has reasonable times and cause to do so) enter the Premises without any liability therefor, provided Landlord shall be conducted so as not to interfere unduly with Tenant's use and occupancy of utilize appropriate due care in such circumstances while in the Premises. SECTION 21.04. 22.5 The exercise of any right reserved rights retained by Landlord pursuant to this Article 22 shall be without liability to Tenant or any person claiming through Tenant for damage or injury to property, person (while in the Premises or at the Building on its way to or from the Premises) or business and without effecting an eviction, constructive or actual, or disturbance of Tenant’s use of possession or giving rise to any claim for setoff or abatement of Base Rent or Additional Rent. If Landlord causes damage to Tenant’s property through its negligence or willful misconduct in exercising the rights under in this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent (except as specifically provided herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, or upon the holder of a Superior Mortgage. SECTION 21.05. If the Premises comprise less than five thousand (5,000) rentable square feet (or if Tenant's Proportionate Share is less than twenty percent)22, Landlord reserves the right to relocate Tenant to comparable space in another part of the Building or to another building in Greenwich Office Park upon sixty (60) days written notice to Tenant. The expense of relocating Tenant in accordance with the 27 34 provisions of this Section 21.05. shall be borne by Landlord. Upon relocation, all the terms, covenants and conditions liable for any damage or interruption of this Lease shall apply Tenant’s business to the space into which extent the damage or interruption is not covered by Tenant’s insurance or the insurance Tenant shall be relocatedis required to carry, pursuant to Article 17 hereof.

Appears in 1 contract

Samples: Lease (Franklin Credit Management Corp)

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