ACCESS TO PREMISES BY LANDLORD. 9.4.1 Tenant shall permit Landlord and Landlord’s agents, representatives, contractors and employees and public utilities servicing the Building to enter the Premises at all reasonable times upon reasonable prior notice (except in case of actual or suspected emergency in which event no notice shall be required), which notice may be oral, for any of the following purposes, it being agreed that Landlord and Tenant shall use reasonable efforts to coordinate the presence of a representative of Tenant, but that such presence shall not be required for such entry: (i) to examine or inspect the Premises, (ii) to show the Premises to existing or prospective mortgagees, lenders or ground lessors or to prospective purchasers or tenants, (iii) to comply with any Laws or the requirements of any insurance policies or Encumbrance (as defined in Section 25.1 below) affecting the Building, (iv) to perform any Alterations, repairs, improvements, additions, replacements or restorations which Landlord shall deem necessary or desirable, or to make any Renovations, (v) to comply with any of Landlord’s obligations under this Lease, and (vi) to exercise any right or remedy of Landlord under this Lease, including, without limitation, Landlord’s rights to cure any default of Tenant under this Lease (provided that any notice of default Landlord shall give to Tenant shall also serve as any prior notice required to be given under this Section 9.4.1 and no further notice of Landlord’s entry under this Section shall be required). Landlord shall have the right to take any materials and equipment into the Premises (but not store (other than on a temporary basis as work progresses)) that may be required while any repairs, restorations, improvements, replacements, additions or Alterations are being performed in the Premises and such performance shall not constitute an actual or constructive eviction in whole or in part or entitle Tenant to any abatement of the Rent payable under this Lease (except as otherwise expressly provided in this Section 9.4.1, Section 10.2 or Article 13) or other compensation for interruption to or loss of business or subject Landlord to any other liability. Landlord shall use reasonable efforts to minimize interference in the normal conduct of Tenant’s business during any such entry by Landlord, provided that Landlord shall not be obligated to employ labor at overtime or premium pay rates. If Tenant shall not be present when any entry into the Premises shall be necessary or desirable, Landlord and Landlord’s agents, representatives, contractors or employees may enter the Premises without rendering Landlord or such parties liable, provided that such parties shall use reasonable care under the circumstances to avoid damage to Tenant’s property and Alterations.
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ACCESS TO PREMISES BY LANDLORD. 9.4.1 Tenant shall permit Landlord and Landlord’s 's agents, representatives, contractors and employees and public utilities servicing the Building to enter the Premises at all reasonable times upon reasonable prior notice (except in case of actual or suspected emergency in which event no notice shall be required), which notice may be oral, whether or not Tenant shall be present, for any of the following purposes, it being agreed that Landlord and Tenant shall use reasonable efforts to coordinate the presence of a representative of Tenant, but that such presence shall not be required for such entry: (i) to examine or inspect the Premises, (ii) to show the Premises to existing or prospective mortgagees, lenders or ground lessors or to prospective purchasers or tenantspurchasers, (iii) to comply with any Laws or the requirements of any insurance policies or Encumbrance (as defined in Section 25.1 below) affecting the Building, (iv) to perform any Alterations, repairs, improvements, additions, replacements or restorations which Landlord shall deem necessary or desirable, or to make any Renovations, (v) to comply with any of Landlord’s 's obligations under this Lease, and (vi) to exercise any right or remedy of Landlord under this Lease, including, without limitation, Landlord’s 's rights to cure any default of Tenant under this Lease (provided that any notice of default Landlord shall give to Tenant shall also serve as any prior notice required to be given under this Section 9.4.1 9.2.1 and no further notice of Landlord’s 's entry under this Section shall be required)) and (vii) during the last eighteen (18) months of the Term, to show the Premises to prospective tenants. Landlord shall have the right to take any materials and equipment into the Premises (but not store (other than on a temporary basis as work progresses)) that may be required while any repairs, restorations, improvements, replacements, additions or Alterations are being performed in the Premises and such performance shall not constitute an actual or constructive eviction in whole or in part or entitle Tenant to any abatement of the Rent payable under this Lease (except as otherwise expressly provided in this Section 9.4.1, Section 10.2 or Article 13) or other compensation for interruption to or loss of business or subject Landlord to any other liability. Landlord shall use reasonable efforts to minimize interference in the normal conduct of Tenant’s 's business during any such entry by Landlord, provided that Landlord shall not be obligated to employ labor at overtime or premium pay rates. If Tenant shall not be present when any entry into the Premises shall be necessary or desirable, Landlord and Landlord’s 's agents, representatives, contractors or employees may enter the Premises without rendering Landlord or such parties liable, provided that such parties shall use reasonable care under the circumstances to avoid damage to Tenant’s 's property and Alterations.
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ACCESS TO PREMISES BY LANDLORD. 9.4.1 Tenant shall permit Landlord and Landlord’s agents, representatives, contractors and employees and public utilities servicing the Building with identification to enter the Premises at all reasonable times upon reasonable at least 24 hours’ prior notice (except in case of actual or suspected emergency in which event no notice shall be required), which notice may be oral, for any of the following purposes, it being agreed that Landlord and Tenant shall use reasonable efforts to coordinate the presence of a representative of Tenant, but that such presence shall not be required for such entry: (i) to examine or inspect the Premises, (ii) to show the Premises to existing or prospective mortgagees, lenders or ground lessors or to prospective purchasers or tenantspurchasers, (iii) to comply with any Laws or the requirements of any insurance policies or Encumbrance (as defined in Section 25.1 below25.1) affecting the Building, it being agreed that Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises, (iv) to perform any Alterations, repairs, improvements, additions, replacements or restorations which Landlord shall deem necessary or desirable, or to make any Renovations, (v) to comply with any of Landlord’s obligations under this Lease, and (vi) to exercise any right or remedy of Landlord under this Lease, including, without limitation, Landlord’s rights to cure any default of Tenant under this Lease (provided that any notice of default Landlord shall give to Tenant shall also serve as any prior notice required to be given under this Section 9.4.1 and no further notice of Landlord’s entry under this Section shall be required)) and (vii) during the last twelve (12) months of the Term, to show the Premises to prospective tenants. Landlord shall have the right to take any materials and equipment into the Premises (but not store (other than on a temporary basis as work progresses)) that may be required while any repairs, restorations, improvements, replacements, additions or Alterations are being performed in the Premises and such performance shall not constitute an actual or constructive eviction in whole or in part or entitle Tenant to any abatement of the Rent payable under this Lease (except as otherwise expressly provided in Article 13 or in this Section 9.4.1, 9.4.1 or Section 10.2 or Article 1310.2) or other compensation for interruption to or loss of business or subject Landlord to any other liability. Landlord shall use reasonable efforts to minimize interference in the normal conduct of Tenant’s business during any such entry by Landlord, provided that Landlord shall not be obligated to employ labor at overtime or premium pay rates. Notwithstanding the foregoing, to the extent that Landlord’s entry and performance under this Section 9.4.1 is not required by Law and causes Tenant’s inability to conduct business in the Premises for a period of five (5) consecutive business days, and Tenant does not actually occupy or conduct its business in the Premises during such period, for each subsequent business day on which Tenant is unable to, and does not actually, so conduct business in the Premises as a result thereof, there shall be an abatement of Base Rent. If Tenant shall not be present when any entry into the Premises shall be necessary or desirable, Landlord and Landlord’s agents, representatives, contractors or employees may enter the Premises without rendering Landlord or such parties liable, provided that such parties shall use reasonable care under the circumstances to avoid damage to Tenant’s property and Alterations.
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Samples: Lease Agreement (GrubHub Inc.)
ACCESS TO PREMISES BY LANDLORD. 9.4.1 Tenant shall permit Landlord and Landlord’s agents, representatives, contractors and employees and public utilities servicing the Building to enter the Premises at all reasonable times upon reasonable prior notice (except in case of actual or suspected emergency in which event no notice shall be requiredrequired but Landlord shall endeavor to give such notice as shall be practicable under the circumstances to Tenant at the Premises), which notice may be oral, whether or not Tenant shall be present (it being agreed that Landlord shall afford Tenant an opportunity to have a representative present unless the same shall not be practicable in case of actual or suspected emergency), for any of the following purposes, it being agreed that Landlord and Tenant shall use reasonable efforts to coordinate the presence of a representative of Tenant, but that such presence shall not be required for such entry: (i) to examine or inspect the Premises, (ii) to show the Premises to existing or prospective mortgagees, lenders or ground lessors or to prospective purchasers or tenantspurchasers, (iii) to comply with any Laws or the requirements of any insurance policies or Encumbrance (as defined in Section 25.1 below) encumbrance affecting the Building, (iv) to perform any Alterations, repairs, improvements, additions, replacements or restorations which Landlord shall deem necessary or desirabledesirable in Landlord’s good faith judgment (it being agreed that Landlord shall perform the same with diligence, or clean the affected portion of the Premises upon completion and repair any damage to make any Renovations, the Premises caused by Landlord) (v) to comply with any of Landlord’s obligations under this Lease, and (vi) to exercise any right or remedy of Landlord under this Lease, including, without limitation, Landlord’s rights to cure any default of Tenant under this Lease (provided that any notice of default Landlord shall give to Tenant which shall state that Landlord may cure such default if Tenant fails to do so shall also serve as any prior notice required to be given under this Section 9.4.1 9.4 and no further notice of Landlord’s entry under this Section shall be required)) and (vii) during the last eighteen (18) months of the Term, to show the Premises to prospective tenants. Landlord shall have the right to take any materials and equipment into the Premises (but not store (other than on a temporary basis as work progresses)) that may be required while any repairs, restorations, improvements, replacements, additions or Alterations are being performed in the Premises and such performance shall not constitute an actual or constructive eviction in whole or in part or entitle Tenant to any abatement of the Rent payable under this Lease (except as otherwise expressly provided in this Article 13 or Section 9.4.1, Section 10.2 or Article 137.3.2) or other compensation for interruption to or loss of business or subject Landlord to any other liability. Landlord shall use reasonable efforts to minimize interference in the normal conduct of Tenant’s business during any such entry by Landlord, provided that Landlord shall not be obligated to employ labor at overtime or premium pay ratesrates (except that Landlord shall employ overtime labor, if necessary, in the event of an emergency). Landlord shall, to the extent the same shall be reasonably practicable, conceal or camouflage any installations made by Landlord in the Premises above the suspended ceiling or within the walls or columns of the Premises. If Tenant shall not be present when any entry into the Premises shall be necessary or desirableif Tenant shall not elect to make a representative available when any entry into the Premises shall be voluntary on the part of Landlord, Landlord and Landlord’s agents, representatives, contractors or employees may enter the Premises without rendering Landlord or such parties liable, provided that such parties shall use reasonable care under the circumstances to avoid damage to Tenant’s property and Alterations, it being agreed that Landlord shall have no liability for the acts of the New York City Fire or Police Departments.
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ACCESS TO PREMISES BY LANDLORD. 9.4.1 Tenant shall permit Upon reasonable advance notice to Tenant, and during Tenant's business hours, Landlord and Landlord’s Lender, if applicable, and their respective employees, contractors, agents, representatives, contractors invitees and employees and public utilities servicing the Building to investors may enter onto the Premises at all reasonable times upon reasonable prior notice to (except in case i) show the Premises to purchasers and potential purchasers, and to mortgagees and potential mortgagees, or (ii) for the purpose of actual or suspected emergency in which event no notice shall be required)inspecting the Premises; provided, which notice may be oralthat, for any purposes of the following purposesclause (ii) of this sentence, it being agreed that Landlord and Tenant shall use reasonable efforts to coordinate the presence of a representative of Tenant, but that such presence shall not be required for such entry: to give notice prior to entry onto the Premises in the event of an emergency situation provided, however, Landlord may not come within ten (i10) feet of the centerline of any track infrastructure (except in the event of an emergency situation). Upon reasonable advance notice to examine or inspect Tenant, during the Premiseslast one hundred fifty (150) days of the then-current Term, (ii) unless Tenant shall have exercised the next Renewal Option, Landlord also may enter onto the Premises to show the Premises to existing or prospective mortgagees, lenders or ground lessors or persons wishing to prospective purchasers or tenants, (iii) to comply with any Laws or rent the requirements of any insurance policies or Encumbrance (as defined in Section 25.1 below) affecting the Building, (iv) to perform any Alterations, repairs, improvements, additions, replacements or restorations which Landlord same. No such entry shall deem necessary or desirable, or to make any Renovations, (v) to comply with any of Landlord’s obligations under this Lease, and (vi) to exercise any right or remedy of Landlord under this Lease, including, without limitation, Landlord’s rights to cure any default constitute an eviction of Tenant under this Lease (provided that but any notice of default Landlord shall give to Tenant shall also serve as any prior notice required to be given under this Section 9.4.1 and no further notice of Landlord’s such entry under this Section shall be required)done by Landlord in such reasonable manner as to reasonably minimize any disruption of Tenant's business operation. Landlord shall have the right comply with, and shall cause any of its admittees pursuant to take any materials and equipment into the Premises (but not store (other than on a temporary basis as work progresses)) that may be required while any repairsthis section to comply with, restorations, improvements, replacements, additions or Alterations are being performed in the Premises and such performance shall not constitute an actual or constructive eviction in whole or in part or entitle Tenant Tenant's reasonable safety requirements related to any abatement of the Rent payable under this Lease (except as otherwise expressly provided in this Section 9.4.1, Section 10.2 or Article 13) or other compensation for interruption to or loss of business or subject Landlord to any other liabilityentry upon active rail property. Landlord shall use reasonable efforts to minimize interference in the normal conduct of Tenant’s business during any Any such entry by LandlordLandlord and its admittees upon the Premises may, provided that Landlord at Tenant's discretion, be subject to mandatory escort by Tenant and shall not be obligated unreasonably interfere with Tenant's operations. Except with respect to employ labor at overtime or premium pay rates. If any entry in a non-emergency situation in accordance with the terms of this Section 13, Tenant shall not be present when responsible for any entry into damage or destruction of property or personal injury or death suffered on the Premises shall be necessary by Landlord, Lender or desirabletheir respective employees, Landlord and Landlord’s agentscontractors, representatives, contractors invitees or employees may enter the Premises without rendering investors arising from such permitted entry pursuant to this Section 13, and Landlord shall indemnity and hold Tenant harmless from any claims for damage or destruction of property or personal injury or death asserted against Tenant by any such parties liable, provided that persons in connection with such parties shall use reasonable care under the circumstances to avoid damage to Tenant’s property and Alterationsentry.
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