Common use of ACCESS TO DEMISED PREMISES; CHANGES Clause in Contracts

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, to the extent practicable, install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work). Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premises, to enter the demised premises, during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) for the purpose of inspecting them or exhibiting them to existing or prospective purchasers, mortgagees or ground lessees of all or part of the Land, Building or Property or to prospective assignees, agents or designees of any such parties. Without limiting the foregoing, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications rooms. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform such work or to ensure the safety of Tenant’s personnel without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis.

Appears in 2 contracts

Samples: Agreement (Scynexis Inc), Office Lease (Optimer Pharmaceuticals Inc)

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ACCESS TO DEMISED PREMISES; CHANGES. 15.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premisesDemised Premises, provided that the same are installed adjacent to and/or concealed in a manner reasonably consistent with Tenant's decor or concealed behind walls and ceilings of the demised premisesDemised Premises or otherwise installed in such manner as shall not materially and adversely impair Tenant's business operations and use of the Demised Premises consistent with the Permitted Use. Landlord shall, to To the extent practicablereasonably practical, Landlord shall install such pipes, ducts and conduits by such methods and at such locations as that will not materially interfere with or impair Tenant’s layout 's layout, business operations or use of the demised premises (and Demised Premises consistent with the Permitted Use. Except in the case of a bona fide emergency upon which Landlord shall make all repairs to the demised premises made necessary by the performance of such work). Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premises, to enter the demised premises, during and after business hours, Demised Premises at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) for the purpose of inspecting them or exhibiting them to existing or prospective purchasers, mortgagees or ground lessees of all or part of the Land, Building or Property or to prospective assignees, agents or designees of any such parties. Without limiting the foregoingtime, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, right to enter the demised premises so as Demised Premises, upon 24 hours written notice, at reasonable times during business hours on business days and at other times, provided it shall not materially and adversely impair Tenant's business operations, to access examine same or to make such repairs or alterations that Landlord may deem necessary or desirable for the Building’s core mechanical, electrical or that Landlord shall be required to, or shall have the right to, make by the provisions of this Lease. At no time and communications roomsin no event shall Tenant have the right to delay Landlord from entering the Demised Premises for a period in excess of ten (10)days. Landlord's failure or delay in making any repairs to the Demised Premises due to Tenant exercising its rights pursuant to this provision shall at no time be deemed a default under the terms of this Lease Landlord, upon twenty four (24) hours prior written notice, shall have the right to enter the Demised Premises for the purpose of exhibiting them to prospective purchasers or lessees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgages or to the holder of any mortgage on the Landlord's interest in the Building, its agents or designees. Landlord shall be allowed to take all material into and upon the demised premises that Demised Premises (but shall not store its materials overnight without Tenant's consent, which consent shall not be unreasonably withheld, conditioned or delayed)that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform such work or to ensure the safety of Tenant’s personnel without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the Fixed Annual Rent and additional rent reserved due hereunder shall not in no way xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis.

Appears in 2 contracts

Samples: Agreement (1 800 Flowers Com Inc), 1 800 Flowers Com Inc

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premisesDemised Premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premisesDemised Premises. Landlord shall, to the extent practicable, install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)Demised Premises. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premisesDemised Premises, to enter the demised premisesDemised Premises, during and after business hours, at Landlord’s 's option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building Complex and (b) for the purpose of inspecting them or exhibiting them to existing or prospective purchasers, mortgagees or ground lessees of all or part of the Land, Building or Property or to prospective assignees, agents or designees of any such parties. Without limiting the foregoing, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications rooms. Landlord shall be allowed to take all material into and upon the demised premises Demised Premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of the demised premises Demised Premises not in excess of five percent (5%) at any one time to the extent necessary to perform such work or to ensure the safety of Tenant’s 's personnel without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis.

Appears in 2 contracts

Samples: Office Lease (Exodus Communications Inc), Office Lease (Exodus Communications Inc)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premisespremises and such installation does not reduce the usable space in the demised premises by more than a de minimus amount. Landlord shall, to the extent practicable, shall install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable not less than 1 days' prior written notice (which may be telephonic) to Tenant or telephonic notice to the Designated Employee (except, in case of emergency, upon such oral notice to any authorized employee of Tenant at as may be practicable under the demised premises, circumstances) to enter the demised premises, during and after business hours, at Landlord’s 's option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building Complex and (b) for the purpose of inspecting them or exhibiting them to existing or prospective purchasers, mortgagees or ground lessees of all or part of the Land, Building or Property or to prospective assignees, agents or designees of any such parties. Without limiting the foregoing, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications rooms. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of the demised premises not in excess of five percent (5%) 2,500 rentable square feet at any one time to the extent necessary to perform such work or to ensure the safety of Tenant’s 's personnel without the same constituting an actual or constructive eviction of Tenant in whole or in part, and and, except as expressly provided below, the rent reserved hereunder shall not xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis unless requested by Tenant, in which event Landlord shall, at Tenant's expense, perform such work on an overtime basis and Tenant shall pay to Landlord, within 30 days after demand, the additional cost of performing such work on an overtime basis. If due to the making of any repair, alteration, addition or improvement by Landlord under this Section 15.01 (other than any such repair, alteration, addition or improvement required by reason of any act or omission by Tenant, fire or other casualty or other Force Majeure Causes, provided that for purposes of this Section "Force Majeure Causes" shall not include any matter caused by Landlord's negligence), the demised premises or at least 2,500 rentable square feet thereof shall be rendered untenantable and Tenant shall vacate such unusable portion thereof, Tenant shall have the right to give to Landlord a notice (the "15.01 Notice") advising Landlord of such untenantability and of Tenant's vacating such space, which notice shall contain the following statement in capitalized bold type "IF YOU FAIL TO REMEDY THE PROBLEM REFERENCED IN THIS NOTICE WITHIN THE TIME PERIOD SPECIFIED IN SECTION 15.01 OF THE LEASE, WE MAY BE ENTITLED TO A RENT ABATEMENT IN ACCORDANCE WITH SUCH SECTION." If (i) Tenant delivers the 15.01 Notice to Landlord and (ii) the demised premises or at least 2,500 rentable square feet thereof shall continue to be untenantable and Tenant shall continue to be unable to operate its business in the demised premises and shall remain vacated therefrom for at least four (4) consecutive business days after the giving by Tenant of the 15.01 Notice, then, at Tenant's election and as Tenant's sole remedy, the basic annual rent, Tenant's Tax Payment and Tenant's Expense Payment shall be reduced on a per diem basis in the proportion which the area of the part of the demised premises which is untenantable and vacated bears to the total area of the demised premises for each day subsequent to the last day of the four (4) consecutive business day period described above that such portion of the demised premises remains untenantable and vacated. Within ten (10) days after request, Tenant shall designate an employee of Tenant at the demised premises (which designation shall include such employee's direct telephone number) for telephonic notices under this Lease (the "Designated Employee"). If the Designated Employee shall no longer work for Tenant at the demised premises, Tenant shall promptly designate a new Designated Employee.

Appears in 1 contract

Samples: Agreement (Credit Suisse First Boston Usa Inc)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. 15.01 Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or in a concealed manner behind walls and ceilings of the demised premisespremises or, if not practicable, then adjacent to such walls and ceilings. Landlord shall, shall to the extent practicable, practicable install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premises, right to enter the demised premises, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no wise xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis.

Appears in 1 contract

Samples: Agreement of Lease (THCG Inc)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to and are placed in box enclosures or concealed behind walls and ceilings of the demised premises and do not adversely affect (except to a de minimus extent) the Building systems affecting the demised premises. Landlord shall, shall to the extent practicable, reasonably practicable install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable prior notice (which may be telephonicexcept in the case of emergency) to Tenant or any authorized employee of Tenant at the demised premises, to enter the demised premises, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) or in connection with the removal of asbestos from the demised premises and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no wise xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis. In connection with the removal of asbestos from the demised premises, Landlord agrees to repair and restore the demised premises to their condition and state of repair existing as of the commencement of such asbestos removal. Tenant agrees that, subject to the provisions of Section 9.04 hereof, Landlord shall have the right at any time to install in the Building on the insides of the windows thereof, a film to reduce the usage of energy in the Building. Tenant agrees that the foregoing provisions of this Section shall apply to the installation, maintenance of replacement of such film.

Appears in 1 contract

Samples: Interep National Radio Sales Inc

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, shall to the extent practicable, practicable install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable five (5) days prior written notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premises, except no notice shall be required for an emergency, to enter the demised premises, during and after business hours, at Landlord’s option, premises (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building Building, and (b) for the purpose of inspecting them or exhibiting them to existing or prospective purchasers, mortgagees or ground or, upon not less than twenty-four (24) hours notice, within the last twelve (12) months only of the term, lessees of all or part of the Land, Building or Property the Premises or to prospective assignees, agents or designees of any such parties. Without limiting the foregoing, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications rooms. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform such work or to ensure the safety of Tenant’s personnel without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same any work on an overtime or premium pay basis.

Appears in 1 contract

Samples: Lease Agreement (Viant Corp)

ACCESS TO DEMISED PREMISES; CHANGES. 15.0116.1. Tenant shall permit Landlord and persons authorized by Landlord to install, erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, to the extent practicable, install such pipes, ducts premises and conduits are installed by such methods and at such locations as will not materially reduce the ceiling height, except to a de minimis extent in isolated areas, interfere with or impair Tenant’s layout or use of the demised premises (and or any lines or conduits servicing the demised premises, it being agreed that Landlord shall make bear all repairs costs and expenses to repair damages and restore the demised premises resulting from the foregoing caused by an act or omission of Landlord. In no event shall such installation result in material interference with access to or from the demised premises nor in any permanent reduction of the level of passenger elevator service or any other service to the demised premises made necessary by the performance of such work)below what would normally be expected in a First Class Office Building. Landlord or its agents or designees shall have the right, but only upon reasonable advance notice (which may be telephonic) made to Tenant or any authorized employee of Tenant at the demised premises, except in cases of emergency, to enter the demised premises, premises at reasonable times during and after business hours, at Landlord’s optionRegular Business Hours (except in cases of emergency), (a) for the making of such repairs or and alterations or improvements as Landlord may deemdeem necessary, in its sole judgment, necessary or appropriate for to the demised premises and/or in or to the Building or its facilities and equipment or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and Building, (b) subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord’s interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on Landlord’s interest in the property, Landlord or its agents or designees shall have the right, but only upon notice and (c) to Tenant or read any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsutility meters located therein. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and alterations, but may take over discrete portions of not store same in the demised premises not in excess of five percent (5%) at above mentioned as the same is required for such purpose without any one time liability to the extent necessary to perform such work or to ensure the safety Tenant and without any reduction of Tenant’s personnel covenants and obligations under this Lease and without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx in no wise xxxxx, except as otherwise expressly provided in this Lease, while said repairs or alterations or repairs, alterations, additions and/or improvements are being made made, by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall diligently proceed in the prosecution of such work and shall exercise reasonable diligence so as efforts to minimize the any disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basiswith Tenant’s business operations.

Appears in 1 contract

Samples: Agreement of Lease (MF Global Holdings Ltd.)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premisesDemised Premises, provided that the same are installed adjacent to and/or concealed in a manner reasonably consistent with Tenant's decor or concealed behind walls and ceilings of the demised premisesDemised Premises or otherwise installed in such manner as shall not materially and adversely impair Tenant's use of the Demised Premises consistent with the Permitted Use. Landlord shall, to To the extent practicablereasonably practical, Landlord shall install such pipes, ducts and conduits by such methods and at such locations as that will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to Demised Premises consistent with the demised premises made necessary by the performance of such work)Permitted Use. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premises, right to enter the demised premisesDemised Premises at reasonable times during business hours on business days and at other times, during and after business hours, at Landlord’s option, (a) for the making of to examine same or to make such repairs or alterations or improvements as that Landlord may deem, in its sole judgment, deem necessary or appropriate desirable for the Building Building, or which Landlord that Land lord shall be required to to, or shall have the right to to, make by the provisions of this Lease or any other lease in the Building and (b) Landlord shall have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees or designees to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the Building, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises Demised Premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform such work or to ensure the safety of Tenant’s personnel without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the Fixed Annual Rent and additional rent reserved due hereunder shall not xxxxx in no way axxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis.

Appears in 1 contract

Samples: Agreement of Lease (Millennium Healthcare Inc.)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises; provided, further, that if installed adjacent thereto, they shall be completely furred at points immediately adjacent to partitioning, columns or ceiling, and that when the installation of such pipes, ducts or conduits shall be completed, such pipes, ducts or conduits shall not reduce the usable area of the demised premises except to an insignificant degree. Landlord shall, to the extent practicable, install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs premises, except to the demised premises made necessary by the performance of such work)an insignificant degree. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonicoral) to Tenant or any authorized employee of Tenant at the demised premisespremises (except in emergency circumstances), to enter the demised premises, during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, reasonably deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and Landlord shall endeavor to give at least 24-hour advance notice thereof, if practicable under the circumstances, and (b) for the purpose of inspecting them or exhibiting them to existing or prospective purchasers, mortgagees or ground lessees of all or part of the Land, Building or Property or to prospective assignees, agents or designees of any such parties. Without limiting the foregoing; provided, however, that if Tenant has any specific reasonable security requirements, Landlord or its agents or designees shall be required to abide by them (including the designation of a "SECURITY ZONE" with limited access provided that Tenant shall have given Landlord prior written notice of such requirements and further subject to the right, but only upon notice to Tenant or any authorized employee provisions of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsSection 15.06 hereof). Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions shall remove the same at the end of the day or store same in the demised premises for a period not in excess of five percent (5%) at any one time to 24 hours, in the extent necessary to perform event that such work or to ensure 24-hour storage shall not unreasonably interfere with the safety conduct of Tenant’s personnel 's business in the demised premises without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis, unless Tenant is willing to reimburse Landlord for the difference between the normal full-time pay basis and overtime or premium pay basis and the performance of same on such overtime or premium pay basis is available and reasonably practicable, subject to the Overtime Proviso.

Appears in 1 contract

Samples: Agreement (Investment Technology Group Inc)

ACCESS TO DEMISED PREMISES; CHANGES. 15.0116.1. Tenant shall permit Landlord and persons authorized by Landlord to install, erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or (i) concealed behind walls and ceilings of the demised premises. Landlord shallpremises or (ii) if such concealment is not feasible, to the extent same shall be enclosed and “boxed in” along the surface of the walls, floors or ceilings, in as unobtrusive a manner as shall be reasonably practicable, install such pipesand, ducts and conduits in any case, are installed by such methods and at such locations as will not materially interfere with or impair Tenant’s layout or use of the demised premises (and Landlord shall make all repairs to premises. If the usable area of the demised premises shall be permanently reduced, beyond a de minimis amount, as a result of an alteration, addition or improvement (individually or collectively, a “Change”) permitted to be made necessary by Landlord pursuant to this Section 16.1, then (subject to the performance provisions of the immediately following sentence) the fixed annual rent and The Percentage shall be proportionately reduced. Notwithstanding the foregoing, there shall be no reduction of fixed annual rent or The Percentage if: (i) such work)reduction shall be de minimis (i.e., less than 50 square feet in the aggregate on any one floor of the demised premises) or (ii) such Change shall have been made by reason of any Legal Requirement or in connection with or as a result of an emergency or a Tenant’s Alteration, or in response to a request by Tenant. Landlord or its agents or designees shall have the right, but only upon reasonable advance notice (which may be telephonic) made to Tenant or any authorized employee of Tenant at the demised premises, except in cases of emergency, to enter the demised premises, premises at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or repairs, alterations, additions and improvements as Landlord may deem, deem necessary in its sole judgment, necessary or appropriate for to the demised premises and/or in or to the Building or its facilities and equipment or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and Building, (b) subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord’s interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on Landlord’s interest in the property, Landlord or its agents or designees shall have the right, but only upon notice and (c) to Tenant or read any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsutility meters located therein. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements repairs, alterations, additions and/or improvement above mentioned as the same is required for such purpose without any liability to Tenant and may take over discrete portions of the demised premises not in excess of five percent (5%) at without any one time to the extent necessary to perform such work or to ensure the safety reduction of Tenant’s personnel covenants and obligations under this Lease and without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx in no wise xxxxx, except as otherwise expressly provided in this Lease, while said repairs or alterations or repairs, alterations, additions and/or improvements are being made made, by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Wherever Landlord is required or permitted access into the demised premises under this Article 16 after reasonable notice, Landlord’s entry shall be at reasonable intervals, except in cases of emergency. Anything to the contrary in this Lease notwithstanding, neither Landlord, nor any employee, agent or contractor of Landlord, shall enter the demised premises pursuant to this Article 16 without prior notification (which may be telephonic notification or other non-written notification) to Tenant, except in the case of an emergency, in which case Landlord shall exercise use reasonable diligence so as efforts to minimize the disturbance to Tenant provide prior notification but nothing contained herein shall be deemed permitted access even if no notification is given. Tenant shall have the right to require have a representative of Tenant present during any such entry into the demised premises by Landlord, except in the case of an emergency, provided Tenant furnishes such representative promptly. Tenant shall, at all times, furnish Landlord the home telephone numbers of up to perform three (3) employees of Tenant who may be contacted when the same on an overtime or premium pay basisdemised premises are unattended. Landlord shall use reasonable efforts to avoid disruption of Tenant’s business during any such entry upon the demised premises by Landlord. If there is a conflict between the provisions of this Section 16.1 and any other provision in this Lease, the provisions of this Section 16.1 shall control.

Appears in 1 contract

Samples: Agreement (Blackrock Inc /Ny)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. 16.1 Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, to the extent practicable, install such pipes, ducts premises and conduits are installed by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, right but only upon reasonable notice (which may be telephonic) request made to Tenant or any authorized employee of Tenant at the demised premises, premises to enter the demised premises, other than vaults or other enclosures where money, securities or other valuables or confidential documents are kept, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx in no way xxxxx, except as otherwise provided in this Lease, while said repairs or alterations or improvements are being made made, by reason of loss or interruption of the business of Tenant because of the prosecution of any such work, provided Landlord diligently proceeds therewith. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basisany interference with Tenant's business operations, as in Section 9.4 provided.

Appears in 1 contract

Samples: Agreement of Lease (Vision Sciences Inc /De/)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. 15.01 Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, shall to the extent practicable, reasonably practicable install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonicexcept in the case of emergency) to Tenant or any authorized employee of Tenant at the demised premises, to enter the demised premises, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord’s interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord’s interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all necessary material into and upon the demised premises that may reasonably be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no wise xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis.

Appears in 1 contract

Samples: Agreement of Lease (Varonis Systems Inc)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. 16.01 Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, to the extent practicable, install such pipes, ducts premises and conduits are installed by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, right but only upon reasonable notice (which may be telephonic) request made to Tenant or any authorized employee of Tenant at the demised premises, premises to enter the demised premises, other than vaults or other enclosures where money, securities or other valuables or confidential documents are kept, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx in no way xxxxx, except as otherwise provided in this Lease, while said repairs or alterations or improvements are being made made, by reason of loss or interruption of the business of Tenant because of the prosecution of any such work, provided Landlord diligently proceeds therewith. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basisdisturbance.

Appears in 1 contract

Samples: Agreement of Lease (Gantos Inc)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. 15.01 Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, shall to the extent practicable, reasonably practicable install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonicexcept in the case of emergency) to Tenant or any authorized employee of Tenant at the demised premises, to enter the demised premises, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord’s interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord’s interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no wise xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis. Tenant agrees that Landlord shall have the right at any time to install in the Building on the insides of the windows thereof, a film to reduce the usage of energy in the Building. Tenant agrees that the foregoing provisions of this Section shall apply to the installation, maintenance or replacement of such film. Any notice to Tenant required pursuant to this Article 15 may be given orally.

Appears in 1 contract

Samples: Agreement of Lease (Enernoc Inc)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. 15.01 Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind existing walls and ceilings of the demised premises. Landlord shall, shall to the extent practicable, practicable install such pipes, ducts and conduits by such methods and at such locations as will not materially unreasonably interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premises, right to enter the demised premises, at reasonable times during and after business hoursBusiness Hours (as defined herein), at Landlord’s option, upon prior notice (awhich may be oral) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of within the demised premises not in excess of five percent (5%) at any one time to as the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx while said in no wise abate whilx xxxd repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis.

Appears in 1 contract

Samples: Innovo Group Inc

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ACCESS TO DEMISED PREMISES; CHANGES. 15.0115.1. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, shall to the extent practicable, practicable install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premises, right to enter the demised premises, at reasonable times during business hours and after business hoursexcept in case of emergency, at Landlord’s optionupon reasonable notice (which need not be in writing), (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no wise xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Nothing contained in this Section 15.01 shall exculpate Landlord for the negligence of Landlord, its agents, servants or others for whom as a matter of law it is liable. 'The reservation contained in the preceding sentence shall, however, be subject to the provisions of Section 9.04 hereof. Landlord shall exercise reasonable diligence (including consultation with Tenant) so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis. The provisions of Section 7.06 hereof shall apply to any entry by Landlord hereunder.

Appears in 1 contract

Samples: Agreement of Lease (Priceline Com Inc)

ACCESS TO DEMISED PREMISES; CHANGES. 15.0116.1. Tenant shall permit Landlord and persons authorized by Landlord to install, erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, to the extent practicable, install such pipes, ducts premises and conduits are installed by such methods and at such locations as will not materially interfere with or impair Tenant’s layout or use of the demised premises (and Landlord shall make all repairs except to the demised premises made necessary by the performance of such work)a de minimis extent. Landlord or its agents or designees shall have the right, but only upon reasonable advance notice (which may be telephonic) made to Tenant or any authorized employee of Tenant at the demised premises, except in cases of emergency, to enter the demised premises, during and after business hours, premises at Landlord’s optionreasonable times, (a) after business hours for the making of such repairs or alterations or repairs, alterations, additions and improvements as Landlord may deem, deem necessary in its sole judgment, necessary or appropriate for to the demised premises and/or in or to the Building or its facilities and equipment or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and Lease, (b) subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord’s interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on Landlord’s interest in the property, Landlord or its agents or designees shall have the right, but only upon notice and (c) to Tenant or read any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsutility meters located therein. Landlord shall be allowed to temporarily take all material into and upon the demised premises that may be required for the repairs or alterations or improvements repairs, alterations, additions and/or improvement above mentioned as the same is required for such purpose without any liability to Tenant and may take over discrete portions of the demised premises not in excess of five percent (5%) at without any one time to the extent necessary to perform such work or to ensure the safety reduction of Tenant’s personnel covenants and obligations under this Lease and without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx in no wise xxxxx, except as otherwise expressly provided in this Lease, while said repairs or alterations or repairs, alterations, additions and/or improvements are being made made, by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall diligently proceed in the prosecution of such work and shall exercise reasonable diligence so as efforts to minimize the any disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basiswith Tenant’s business operations.

Appears in 1 contract

Samples: Agreement of Lease (General Maritime Corp/)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. 15.01 Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premisespremises and that Landlord promptly repairs any damage to the demised premises caused by such installation. Landlord shall, to the extent practicable, install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but but, except in the case of an emergency, only upon reasonable advance notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premises, to enter the demised premises, during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building Complex and (b) for the purpose of inspecting them or exhibiting them to existing or prospective purchasers, mortgagees or ground lessees of all or part of the Land, Building or Property or to prospective assignees, agents or designees of any such parties. Without limiting the foregoing, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of TenantTenant (except in the case of an emergency), to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsrooms and, not more than once monthly (except in an emergency). Landlord shall be allowed to take all material into and upon the demised premises (but not store such material in the demised premises) that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform such work or to ensure the safety of Tenant’s personnel without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis.

Appears in 1 contract

Samples: Office Lease (Arch Capital Group Ltd.)

ACCESS TO DEMISED PREMISES; CHANGES. 15.0113.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind existing walls and ceilings of the demised premises. Landlord shall, shall to the extent practicable, reasonably practicable install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonicexcept in the case of emergency) to Tenant or any authorized employee of Tenant at the demised premises, to enter the demised premises, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no wise xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis. Nothing contained herein shall be construed, however, as requiring Landlord to perform any work during overtime hours or premium pay basis.

Appears in 1 contract

Samples: Primus Guaranty LTD

ACCESS TO DEMISED PREMISES; CHANGES. 15.0116.1. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, to the extent practicable, install such pipes, ducts premises and conduits are installed by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonic) 12 hours' prior request, except in the case of an emergency, made to Tenant or any authorized employee of Tenant at the demised premises, premises to enter the demised premises, other than vaults or other enclosures where money, securities or other valuables or confidential documents are kept, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not xxxxx in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations or improvements are being made made, by reason of loss or interruption of the business of Tenant because of the prosecution of any such work, provided Landlord diligently proceeds therewith. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basisdisturbance.

Appears in 1 contract

Samples: Agreement of Lease (Pimco Advisors Holdings Lp)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. 15.01 If Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. , Landlord shall, shall to the extent practicable, practicable (except as required by law or for the safety of the occupants of the Building) install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable notice (which may be telephonic) to Tenant or any authorized employee of Tenant at the demised premises, right to enter the demised premises, at reasonable times during and after business hours, at Landlord’s optionupon not less than twenty-four (24) hours prior notice (which may be oral), (a) except in the case of an emergency, for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and; subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no wise xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis.

Appears in 1 contract

Samples: Sublease Agreement (Eyetech Pharmaceuticals Inc)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. 14.01 Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premisesDemised Premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, to the extent practicable, install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)Demised Premises. Landlord or its agents or designees (including any mortgagee or superior lessor) shall have the right, but only upon reasonable notice (which may be telephonicexcept in the case of emergency) to Tenant or any authorized employee of Tenant at the demised premisesDemised Premises, to enter the demised premisesDemised Premises, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord’s interest in the property of which the Demised Premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord’s interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises Demised Premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no way xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance Any notice to Tenant but nothing contained herein shall required pursuant to this Article may be deemed to require Landlord to perform the same on an overtime or premium pay basisgiven orally.

Appears in 1 contract

Samples: Agreement of Lease (Dipexium Pharmaceuticals, Inc.)

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premises. Landlord shall, shall to the extent practicable, reasonably practicable install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere with or impair Tenant’s 's layout or use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable advance notice (which may be telephonicexcept in the case of emergency) to Tenant or any authorized employee of Tenant at the demised premises, to enter the demised premises, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in the Building and (b) and, subject to the foregoing, shall also have the right to enter the demised premises for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of the Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have the right, but only upon notice to Tenant or any authorized employee of Tenant, to enter the demised premises so as to access the Building’s core mechanical, electrical and communications roomsdesignees. Landlord shall be allowed to take all material into and upon the demised premises that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no wise xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis. Tenant agrees that Landlord shall have the right at any time to install in the Building on the inside of the windows thereof, a film to reduce the usage of energy in the Building. Tenant agrees that in the event Landlord shall exercise its option to install such film the foregoing provisions of this Section shall apply to the installation, maintenance or replacement of such film.

Appears in 1 contract

Samples: 24/7 Media Inc

ACCESS TO DEMISED PREMISES; CHANGES. 15.01. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the demised premises, provided the same are installed adjacent to or concealed behind walls and ceilings of the demised premisespremises or, if such concealment is reasonably impracticable, installed adjacent to such walls and ceilings provided that same shall be furred and the usable area of the demised premises is not reduced more than by a de minimis extent. Landlord shall, to the extent practicable, shall install such pipes, ducts and conduits by such methods and at such locations as will not materially interfere minimize interference with or impair and impairment of Tenant’s 's layout or and use of the demised premises (and Landlord shall make all repairs to the demised premises made necessary by the performance of such work)premises. Landlord or its agents or designees shall have the right, but only upon reasonable prior notice (which may be telephonic) to Tenant or any authorized employee and accompanied by a representative of Tenant at if Tenant shall make the demised premisessame available, to enter the demised premises, at reasonable times during and after business hours, at Landlord’s option, (a) for the making of such repairs or alterations or improvements as Landlord may deem, in its sole judgment, deem necessary or appropriate for the Building or which Landlord shall be required to or shall have the right to make by the provisions of this Lease or any other lease in to keep the Building in good repair as a PARK AVE ARMORY/NYLPC - LEASE PT II functioning office building, and (b) shall also have the right to enter the demised premises after reasonable prior notice and, at the election of Tenant, with a representative of Tenant, if one is made available for the purpose of inspecting them or exhibiting them to existing prospective purchasers or prospective purchasers, mortgagees or ground lessees of all or part of the Land, entire Building or Property or to prospective assignees, agents mortgagees of the fee or designees of Landlord's interest in the property of which the demised premises are a part or to prospective assignees of any such parties. Without limiting mortgages or to the foregoingholder of any mortgage on the Landlord's interest in the property, Landlord or its agents or designees shall have or, during the right, but only upon notice twelve (12) months prior to Tenant or any authorized employee the expiration of Tenantthe term of this Lease, to enter prospective tenants of the demised premises so as premises. Subject to access the Building’s core mechanicalprovisions of the following sentence, electrical and communications rooms. Landlord shall be allowed to take all material into and upon the demised premises (provided such material is not stored in the demised premises overnight) that may be required for the repairs or alterations or improvements above mentioned and may take over discrete portions of as the demised premises not in excess of five percent (5%) at any one time to the extent necessary to perform same is required for such work or to ensure the safety of Tenant’s personnel purpose, without the same constituting an actual or constructive eviction of Tenant in whole or in part, and the rent reserved hereunder shall not in no wise xxxxx while said repairs or alterations or improvements are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. In connection with Landlord's access to the demised premises, Landlord's ability to perform repairs or alterations and Landlord's ability to bring materials into the demised premises pursuant to this Section 15.01, Landlord shall exercise reasonable diligence so as to minimize the disturbance to Tenant Tenant's use and enjoyment of the demised premises but nothing contained herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis, subject to the provisions of Section 7.05 hereof.

Appears in 1 contract

Samples: Agreement of Lease (PPC Publishing Corp)

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