Common use of Access to Premises Clause in Contracts

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 5 contracts

Samples: Lease Agreement, Stock Purchase Agreement (VCG Holding Corp), Ground Lease Agreement (VCG Holding Corp)

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Access to Premises. Section 14.1 Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or employees may Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to Tenant (examine the same, to show them to prospective purchasers, Mortgagees, Lessors or an authorized employee lessees of Tenant at the Building and their respective agents and representatives or prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (b) which Landlord may be responsible elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premisesc) for sale or for lease signs; provided; howeverthe purpose of complying with Legal Requirements, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant’s property, or otherwise.

Appears in 4 contracts

Samples: Sublease (Switch & Data, Inc.), Agreement and Guaranty (Switch & Data, Inc.), Agreement and Guaranty (Switch & Data, Inc.)

Access to Premises. Section 15.1. (a) Tenant shall permit Landlord, its agentsLandlord's agents and independent contractors and public utilities servicing the Building to have reasonable access for the purpose of maintaining existing concealed ducts, servants, pipes and conduits in and through and to access all Common Areas within the Building and all Common Areas comprising a portion of the Land. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency) reasonable advance prior notice, which notice may be oral, to Tenant (examine the same, to show the same to prospective purchasers, Mortgagees or an authorized employee lessees of Tenant at the Premises)Building or space therein, and at to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises or to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be responsible required) following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premisesiii) for sale or for lease signs; provided; howeverthe purpose of complying with Requirements, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no respect xxxxx or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall promptly repair any damage caused to the Premises by such work, alterations, improvements or additions. Tenant shall, at Tenant’s property's cost, take such action as may be reasonably necessary to grant to Landlord, its agents and independent contractors clearance and access by means of the Security System for the purposes herein set out.

Appears in 3 contracts

Samples: Agreement (Harrahs Entertainment Inc), Purchase and Sale Agreement (Harrahs Entertainment Inc), Agreement of Lease (Harrahs Entertainment Inc)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times with reasonable advance notice in order to inspect, supply cleaning service or other services to be provided Tenant (or an authorized employee of Tenant at the Premises)hereunder, and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to current and prospective lenders lenders, insurers, purchasers, tenants, brokers and governmental authorities, and perform any work or purchasers andtake any other actions reserved to Landlord under this Lease or applicable laws; provided in no event shall Landlord enter the clean room located in the Premises (except in the case of a true emergency (i.e. posing imminent threat or danger to life or property)). However, during the ninety Landlord shall: (90i) days immediately prior provide reasonable advance written or oral notice to Tenant’s on-site manager or other appropriate person (except in emergencies), (ii) take reasonable steps to minimize any disruption to Tenant’s business, and following completion of any work, return Tenant’s leasehold improvements, fixtures, property and equipment to the expiration of this Lease if Tenant declines original locations and condition to renew for an additional term in accordance with the provisions of this Leasefullest extent reasonably possible, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; and (iii) avoid materially changing the configuration or post (on reducing the Development, but not within or at the entrance square footage of the Premises) for sale or for lease signs; provided; however, that all such entries unless required by laws (and in the event of any permanent reduction, the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be completed promptly proportionately reduced). Tenant shall not place permanent partitions or other permanent obstructions in a good workmanlike manner so as the Premises which may prevent or materially impair Landlord’s access to cause the least practical interference to Tenant’s business systems and Tenant’s use of equipment for the Building or the systems and equipment for the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Tenant requests that any such access occur before or after Landlord’s entry materially and substantially interferes with the conduct of Tenant’s regular business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 3 contracts

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii), Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii), Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantsducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or employees may materially adversely affect the appearance thereof; (ii) permit the Landlord and any Mortgagee to have free and unrestricted access to and to enter upon the Premises at all reasonable times with reasonable advance notice hours for the purposes of inspecting equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or making repairs, replacements or improvements in or to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do Building or elsewhere on the following: inspect the Premises; comply Property or complying with all laws, orders, ordinances orders and requirements of governmental or other authority or of exercising any governmental unit right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or authority for improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii)’ permit Landlord, at reasonable times upon reasonable notice (which Landlord may such notice need not be responsible under in writing or given in accordance with Article 23.0 of this Lease), if any; to show the Premises during ordinary business hours to any Mortgagee, prospective lenders purchaser of any interest of Landlord in the Building, the Property or purchasers andany portion thereof, prospective Mortgagee, or prospective assignee of any Mortgage, and during the ninety (90) days period of twelve months next preceding the Term Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If during the last month of the Term, Tenant shall have removed substantially all of Tenant’s property from the Premises, Landlord may immediately prior enter and alter, renovate and redecorate the Premises, without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit any entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents must nevertheless be able to gain such entry by contacting a responsible representative of Tenant, whose name, address and telephone number shall be furnished by Tenant. Landlord shall exercise its rights of access to the expiration Premises permitted under any of the terms and provisions of this Lease if Tenant declines in such manner as to renew for an additional term in accordance with the provisions of this Leaseminimize, to prospective tenantsthe extent practicable, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and with Tenant’s use and occupation of the Premises. In all eventsIf an excavation shall be made or authorized by the Landlord to be made upon the Property, Landlord Tenant shall use commercially reasonable efforts afford, to minimize interference with the person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as said person shall deem necessary to preserve the Building, the Property or any portion thereof from injury or damage and Tenant’s business operations thereon. If to support the same by proper foundations without any claim for damage or indemnity against Landlord’s entry materially and substantially interferes with the conduct , or diminution or abatement of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyRent.

Appears in 3 contracts

Samples: Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.)

Access to Premises. Section 15.1 Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain ducts, pipes and conduits in and through the Premises, provided that such installations (i) are concealed within existing walls, columns and ceilings, to the extent feasible, and where not feasible, are appropriately furred and finished, (ii) do not cause the usable area of the Premises to be reduced except to a de minimis extent, and (iii) do not interfere, except to a de minimis extent, with Tenant’s use and occupancy of the Premises. Landlord shall promptly repair any damage to the Premises, Alterations or employees may Tenant’s Property caused by any work performed pursuant to this Article 15. Landlord shall undertake any such work in such a manner so as to minimize any interference that might be occasioned to Tenant’s business operations and to minimize any damage that might result to the appearance or function of the affected areas of the Premises; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, except as provided in Section 6.3. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to Tenant examine the same, to show them to prospective purchasers, Mortgagees, Superior Lessors or ground lessees of the Building and their respective agents and representatives, or (or an authorized employee during the final 12 months of Tenant at the Term) to prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises, to the extent expressly set forth herein, or to any timeother portion of the Building, upon reasonable or (ii) which Landlord may elect to perform following Tenant’s failure, after notice and an opportunity to Tenant under the circumstancescure, except in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of make repairs or perform any governmental unit work which Tenant is obligated to make or authority for which Landlord may be responsible perform under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premisesiii) for sale or for lease signs; provided; howeverthe purpose of complying with applicable Laws, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage allowed to take all material into and upon the Premises to the extent required without constituting an eviction or constructive eviction of Tenant in whole or in part, and Fixed Rent and Additional Rent will not be abated (except as expressly provided in this Lease) while such repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant’s property, or otherwise.

Appears in 2 contracts

Samples: Agreement of Lease (Doubleclick Inc), WebMD Health Holdings, Inc.

Access to Premises. 16.1 Landlord’s Access To Premises. Landlord, and its agents, servantsrepresentatives, or employees and contractors may enter the Premises at any reasonable times time to inspect the Premises and to make such repairs as may be required or permitted pursuant to this Lease, to perform such environmental tests as my be reasonably required to confirm Tenant’s compliance with reasonable the terms hereof and for any other business purpose. Landlord and Landlord’s employees and representatives may enter the Premises during business hours on not less than 48 hours advance written notice to Tenant (or an authorized employee except in the case of Tenant at the Premises), emergencies in which case no such notice shall be required and such entry may be at any time) for the purpose of effecting any such repairs, inspecting the Premises, showing the Premises to prospective purchasers or lenders and during the last year of the Term, to prospective tenants or for any other business purpose. If Tenant shall not be personally present to open and permit an entry into said Premises during an emergency, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefore (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property) and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon reasonable notice to Tenant under Landlord any obligations, responsibility or liability whatsoever, for the circumstancescare, supervision or repair of the Building or any part thereof, other than as herein provided. Except in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may shall be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (at all times while on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 2 contracts

Samples: Lease Agreement (Chimerix Inc), Lease Agreement (Chimerix Inc)

Access to Premises. LandlordTenant and its architects, its agentsengineers, servantsconsultants, or employees may enter and contractors shall have access prior to the Premises Projected Commencement Date, at reasonable times with reasonable (which shall include weekends and evenings) and upon advance notice and coordination with the Building management, to the Premises for the purpose of inspecting Landlord Work and planning and constructing Tenant (or an authorized employee Work. Such access shall not in any manner unreasonably interfere with Landlord Work. Further, such access shall not cause any delay in Substantial Completion of the Landlord Work. Tenant at shall submit for Landlord's approval the Premises)desired time(s) of entry, scope of work to be performed and the names of the contractor(s) who will perform such work. Such access, and all acts and omissions in connection with it, shall be subject to and governed by all other provisions of the Lease, including Tenant's indemnification obligations, insurance obligations, etc., except that Tenant shall not be obligated to pay Monthly Base Rent or Tenant's Share of Operating Expenses or Taxes. To the extent that such access by Tenant delays the Substantial Completion of the Landlord Work, such delay shall be a Tenant Delay and the Landlord Work shall be deemed Substantially Complete on the date such Landlord Work would have been completed but for such access. To the extent that such access by Tenant increases the cost of Landlord Work, Tenant shall pay Landlord such increase(s) within five (5) business days after written notice from Landlord of such amount, and if such payment is not timely received by Landlord, Landlord may, at any time, upon reasonable notice to Tenant under the circumstancesits option, in an emergencyaddition to all other rights and remedies of Landlord, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of revoke or suspend any governmental unit or authority prior permission for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if such access by Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry until payment is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyreceived.

Appears in 2 contracts

Samples: NNN Lease (United Natural Foods Inc), NNN Lease (United Natural Foods Inc)

Access to Premises. Section 15.1 (a) Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain ducts, pipes and conduits in and through the Premises provided same are concealed within existing floors, ceilings and walls and do not reduce the usable area of the Premises and provided Tenant receives prior reasonable notice and provided further that any installation shall be made while Tenant is present. Subject to scheduling with Tenant, Landlord or employees may Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice to Tenant and (or an authorized employee except no such prior notice shall be required in case of Tenant at the Premisesemergency), and at any time, upon reasonable notice to Tenant under in the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements company of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Developmentexcept in an emergency), but not within or provided that Tenant has provided a representative at the entrance designated time stated by Landlord, to reasonably examine the same, to show them to prospective purchasers, Mortgagees, Superior Lessors or, during the last twelve (12) months of the Premises) for sale Term, lessees of the Building and their respective agents and representatives or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use prospective tenants of the Premises. In all events, Landlord shall use commercially reasonable efforts have the right, upon notice to minimize interference Tenant as provided in the preceding sentence and scheduling with Tenant, to make such repairs, alterations, improvements or additions to the Premises and (i) as Landlord may deem reasonably necessary or desirable to the Premises or to any other portion of the Building, or (ii) which Landlord may elect to perform following Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage failure to Tenant’s property (make repairs or perform any work which Tenant is obligated to make or perform under this Lease after notice to Tenant and the entry is not needed because expiration of Tenant’s defaultany applicable cure period, negligence or willful misconduct)(iii) for the purpose of complying with Laws, then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord will use commercially reasonable effort to not interfere with or materially disrupt Tenant’s propertyoperations at the Premises and will adhere to or comply with Tenant’s reasonable security requirements.

Appears in 2 contracts

Samples: Agreement of Lease (Emdeon Inc.), Agreement of Lease (Emdeon Inc.)

Access to Premises. SECTION 14.1 Subject to the provisions of Section 5.3, Tenant shall permit Landlord, its Landlord's agents, servantsand public utilities servicing the Building to erect, or employees may use and maintain concealed ducts, pipes and conduits in and through the Premises. Landlord and Landlord's agents, shall have the right to enter the Premises at all reasonable times with reasonable advance upon forty-eight (48) hours' prior notice (except no such prior notice shall be required in case of a condition posing an imminent threat of harm to Tenant (persons or an authorized employee property), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of Tenant at all or any part of the Building and their respective agents and representatives or prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (a) as Landlord may deem reasonably necessary or desirable to the Premises or to any timeother portion of the Property, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (b) which Landlord may be responsible elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be reasonably required therefor without the same constituting an eviction or purchasers andconstructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, during the ninety (90) days immediately prior to the expiration alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise, unless caused by Landlord's gross negligence or willful misconduct. Landlord covenants and agrees, in exercising its rights under this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseArticle 14, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises Txxxxx's use and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent enjoyment of the interference and Landlord shall be liable for any damage to Tenant’s propertyPremises.

Appears in 2 contracts

Samples: Disturbance and Attornment Agreement (Athenahealth Inc), Disturbance and Attornment Agreement (Athenahealth Inc)

Access to Premises. Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or (iv) for the purpose of complying with reasonable advance notice laws, regulations or other requirements of government authorities; Landlord shall be allowed to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise xxxxx while any decorations, repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. If, during the last twelve (12) months of the Term, Tenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may immediately enter and alter, renovate and redecorate the Premises, without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord also shall have the right at any time, without the same constituting an authorized employee actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. In addition, Tenant at understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the building exterior facade and window glass, requiring access to the same from within the Premises), and at that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements abatement of Rent on account of any governmental unit noise, vibration or authority for which Landlord may be responsible under this Lease, if any; show other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to prospective lenders or purchasers and, during said Premises) which shall arise out of the ninety performance by Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (90) days immediately prior to except surfaces facing the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for sale or for lease signs; provided; howevershafts, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and Tenant’s use other mechanical facilities, service closets and other Building facilities are not part of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 2 contracts

Samples: Execution Original (Intralinks Inc), Execution Original (Intralinks Inc)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantsducts and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, or employees may materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have free and unrestricted access to and, subject to Section 2.3 hereof, to enter upon the Premises at all reasonable times hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable advance notice times, to Tenant (show the Premises during ordinary Business Hours to any existing or an authorized employee prospective mortgagee, purchaser, or assignee of Tenant at any mortgage of the Premises)Building or of the Building and the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit an entry into the Premises at any timetime when for any reason an entry therein shall be necessary or permissible, upon reasonable not less than two (2) business days’ written notice, except that no notice to Tenant under the circumstances, shall be required in an emergency, to do Landlord or Landlord’s agents may enter the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied same by a representative of Tenant master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if so requested by Tenant; during such entry Landlord or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, agents shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Landlord shall incur no material additional expense thereby, Landlord shall exercise its rights of access to the Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the Premises.

Appears in 2 contracts

Samples: Commencement Date Agreement (CarGurus, Inc.), Commencement Date Agreement (CarGurus, Inc.)

Access to Premises. LandlordLessee shall have access to the Leased Premises 24 hours per day, 7 days per week, 365 days per year. Lessee agrees that Lessor, its agents, servantsservants or employees, or employees any person authorized by Lessor, may enter the Leased Premises at reasonable times with reasonable advance during usual business hours (i) upon two (2) business days’ prior written notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances condition of the same and requirements of any governmental unit or authority for which Landlord to make such repairs as Lessor may be responsible required or permitted to make under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, (i) at any time without prior notice (but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference provide prior notice if possible), to exhibit the same to prospective purchasers of the Leased Premises, and, (iii) within ninety (90) days prior to the termination of this Lease, or any extensions thereof, to exhibit the Leased Premises to prospective tenants and to place in and upon the premises at such places as Lessor may determine “For Rent” signs or notices; provided, however, that such signs or notices shall not be placed in positions in which they would unreasonably interfere with the Premises and Tenantcontinued conduct of Lessee’s business operations thereonor obstruct Lessee’s own signs as then erected. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultNothing herein contained, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rentshowever, shall xxxxx in proportion be deemed or construed to the extent impose upon Lessor any obligation or liability whatever for care, supervision, repair, improvement, addition, change or alteration of the interference and Landlord shall be liable for any damage to Tenant’s propertyLeased Premises or the building or improvements thereon other than as expressly provided in this Lease.

Appears in 2 contracts

Samples: Contribution and Distribution Agreement (Xpedx Holding Co), Contribution and Distribution Agreement (Xpedx Holding Co)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises, without such entry constituting an actual or constructive eviction, in order to: (i) inspect, (ii) supply services to be provided Tenant hereunder, (iii) show the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises)current and prospective Lenders, insurers, purchasers, brokers, and governmental authorities at any time, upon reasonable notice time during the Term and to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, tenants at any time during the ninety last six (906) months of the Term, (iv) decorate, remodel, or alter the Premises if Tenant shall abandon the Premises at any time, or shall vacate the same during the last one hundred twenty (120) days immediately prior to of the expiration Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Section 19(C) below, or exercise other rights of Landlord under this Lease if Tenant declines or applicable Laws. However, Landlord shall: (a) provide reasonable advance written or oral notice of at least twenty-four (24) hours to renew Tenant’s on-site manager or other appropriate person for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by matters which will involve a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference significant disruption to Tenant’s business and (except in emergencies, in which case Landlord shall have the right to enter at any time without prior notice to Tenant), (b) take reasonable steps to minimize disruption to Tenant’s use business, and following completion of any work, return Tenant’s leasehold improvements, fixtures, property and equipment to the original locations and condition to the fullest extent reasonably possible, and (c) not materially change the configuration or reducing the square footage of the Premises. In all events, Landlord shall use commercially unless required by Laws or other causes beyond Landlord’s reasonable efforts to minimize interference with control (and in the event of any permanent material reduction, the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be proportionately reduced). Tenant shall not place partitions, furniture, or other obstructions in the Premises which may prevent or impair Landlord’s access to the Systems and Tenant’s business operations thereonEquipment for the Property or the systems and equipment for the Premises. If Tenant requests that any such access occur before or after Landlord’s entry materially and substantially interferes with the conduct of Tenant’s regular business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 2 contracts

Samples: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Access to Premises. Landlord or Landlord, its agents, servants, or employees may ’s agents shall have the right (but shall not be obligated) to enter the Demised Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to any portion of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Demised Premises after Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Leaselease, if any; show or for the purpose of complying with laws, regulations and other directions of governmental authorities. Landlord shall perform any work using all reasonable efforts to minimize interference and interruption with Tenant’s occupancy and the conduct of its business in the Demised Premises. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Demised Premises and to prospective lenders or purchasers anderect new pipes and conduits therein. Landlord may, during the ninety progress of any work in the Demised Premises, take all necessary materials and equipment into the Demised Premises without the same constituting an actual or constructive eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Landlord shall have the right to enter the Demised Premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last six (906) days immediately prior months of the term for the purpose of showing the same to prospective tenants and may, during said six (6) months period, place upon the Building the usual notices “To Let” and “For Sale” which notices Tenant shall permit to remain thereon without molestation. Whenever Landlord is permitted access to the expiration of this Lease if Tenant declines Demised Premises pursuant to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative Landlord agrees (except in the event of Tenant if so requested by Tenant; or post an emergency) that it will (on the Development, but not within or at the entrance of the Premisesi) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference schedule such access so as not to unreasonably interfere with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct operation of Tenant’s business and/or cause damage (provided that in no event will Landlord be required to employ labor at overtime rates), (ii) discuss the work plan and supervision with Tenant, and (iii) take reasonable precautions to safeguard Tenant’s equipment. If Tenant is not present to open and permit an entry into the Demised Premises, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Demised Premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s obligations hereunder. Anything to the contrary in this Lease notwithstanding, if due to any work or installation performed by Landlord under the Lease or failure by Landlord to perform its obligations under the Lease or provide a service Landlord has agreed to provide (together an “Interruption Condition”), (i) Tenant shall be unable for at least ten (10) consecutive business days to operate its business in the Demised Premises in the same manner as such business was operated prior to the occurrence of the Interruption Condition, (ii) Tenant does not operate its business in the Demised Premises in the same manner as such business was operated prior to the occurrence of the Interruption Condition during the entire period of time rent is reduced (as provided below) (iii) such interruption shall occur during Tenant’s business hours, and (iv) Tenant shall have, on the first day Tenant was unable to operate its business as aforesaid, notified Landlord (in writing in accordance with Article 28 hereof) of the same, then the Fixed Rent and the entry Additional Rent shall be reduced on a per diem basis, in the proportion in which the area of the part of the Demised Premises which is not needed because of Tenant’s default, negligence unusable or willful misconduct), then in such event the rent and any sums due and payable inoperable (as additional rents, shall xxxxx in proportion reasonably determined by Landlord) bears to the extent total area of the interference and Demised Premises, for each day subsequent to the date which is ten (10) consecutive business days after the date Landlord shall be liable for any damage to Tenant’s propertyreceives the notice required under sub-paragraph (iv) above that such portion of the Demised Premises remains unusable, as provided above until the date the Interruption Condition is remedied, as specified by Landlord.

Appears in 2 contracts

Samples: www.sec.gov, Office Lease (Neutral Tandem Inc)

Access to Premises. LandlordLandlord shall have the right, its agentsif it so elects, servants, or employees may to enter upon the Premises at reasonable times hours, with reasonable advance notice to Tenant except in emergencies, for the purpose of inspecting the same, determining Tenant's compliance with this Lease, repairing or maintaining any pipes, conduits or ducts (or an authorized employee whether same are used in the supply of Tenant at the Premises), and at any time, upon reasonable notice services to Tenant under or to other occupants of the circumstancesbuilding or adjacent buildings) or in connection with construction work or any other improvements, repairs or alterations in an emergency, and about the building. If Landlord deems it necessary to do the following: inspect the Premises; comply with all laws, orders, ordinances make and requirements of any governmental unit repairs or authority replacements necessary for which Landlord may be Tenant is responsible under this Lease, Landlord may demand in writing that Tenant make the same, and if anyTenant refuses or neglects to commence such repairs or replacements in good faith or fails to complete the same with reasonable dispatch, Landlord may make or cause such repairs or replacements to be made; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsdoing, Landlord shall use commercially reasonable efforts not be responsible to minimize interference with the Premises and Tenant for any loss or damage that may accrue to Tenant’s 's business operations thereonby reason thereof. If Landlord’s entry materially Landlord makes or causes such repairs or replacements to be made, Tenant shall forthwith pay landlord upon demand the full costs thereof as Additional Rent hereunder with late charges and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultinterest as prescribed in Section 8.1 above; and, negligence or willful misconduct), then if Tenant shall default in such event the rent and any sums due and payable as additional rentspayment, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyhave all the remedies provided in Article 21 and elsewhere in this Lease.

Appears in 2 contracts

Samples: Healthcore Medical Solutions Inc, Healthcore Medical Solutions Inc

Access to Premises. LandlordLandlord reserves for itself, its agentsand any designated agent, servantsrepresentative, employee or employees may contractor, and shall at all times have the right to enter the Premises at all reasonable times with reasonable advance notice to inspect same, to supply any service to be provided by Landlord to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencyhereunder, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders purchasers, mortgagees or purchasers andtenants, to post notices of nonresponsibility, and to alter, improve or repair the Premises and any portion of the Building, without abatement of Base Rent or Additional Charges, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that the entrance to the Premises shall not be blocked, and further provided that the business of Tenant shall not be interfered with unreasonably. Landlord shall also have the right to place for sale and for lease signs on the outside of the Premises and in the Common Areas at any time during the ninety Term. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes or special security areas (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term designated in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested advance in writing by Tenant; ). Landlord shall have the right to use any and all means that Landlord may deem necessary or post (on the Development, but not within or at the entrance proper to open said doors in an emergency in order to obtain entry to any portion of the Premises) for sale , and any entry to the Premises or for lease signs; provided; howeverportions thereof obtained by Landlord by any of said means, that all such entries or otherwise, shall not under any circumstance be completed promptly in construed or deemed to be a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of forcible or unlawful entry into, or a detainer of, the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with or an eviction, actual or constructive, of Tenant from the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyportion thereof.

Appears in 2 contracts

Samples: Office Lease (Twilio Inc), Office Lease (Twilio Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises. Landlord or employees may Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except; no such prior notice shall be required in case of emergency), which notice may be oral, to Tenant (examine the same, to show them to prospective purchasers, Mortgagees, Lessors or an authorized employee lessees of Tenant at the Building and their respective agents and representatives or prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (b) which Landlord may be responsible elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant; , or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premisesotherwise. In all events, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage in making any repairs, alterations, additions or improvements pursuant to Tenant’s property (and the entry is not needed because of Tenant’s defaultthis Section 14.1, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and provided that Landlord shall be liable for have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any damage to Tenant’s propertyother overtime costs or additional expenses whatsoever.

Appears in 2 contracts

Samples: Switch & Data, Inc., Switch & Data, Inc.

Access to Premises. Landlord or Landlord, its agents, servants, or employees may 's agents and designees shall have the right to enter the Demised Premises at all reasonable times with reasonable advance upon five (5) days' prior notice to Tenant (or an authorized employee of Tenant at the Premiseswhich may be telephonic), and at any time, upon reasonable except that no notice to Tenant under shall be required in the circumstances, in event of an emergency, to do inspect or examine the following: inspect same, and to show them to prospective purchasers or mortgagees of the Demised Premises and to make such tests, repairs, alterations, improvements or additions as Landlord may reasonably deem necessary or desirable, and Landlord shall be allowed to take all material into and upon the Demised Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part, and the Annual Base Rent and Additional Rent shall in no way xxxxx (provided the Demised Premises are not rendered entirely unusable thereby, and if a portion of the Demised Premises is rendered entirely unusable thereby and Tenant does not in fact use such portion of the Premises; comply with all laws, ordersthen there shall be a proportionate abatement of Rent) while said repairs, ordinances and requirements alterations, improvements, or additions are being made, by reason of any governmental unit loss or authority for which Landlord may be responsible interruption of the business of Tenant, or otherwise. In the exercise of its rights under this LeaseSection, if any; show Landlord shall use all reasonable efforts, which shall not include the use of overtime labor, to minimize interference with Tenant's conduct of business in the Demised Premises to prospective lenders or purchasers and, during normal business hours. During the ninety six (906) days immediately months prior to the expiration of this the Lease if Tenant declines to renew for an additional term in accordance with Term, Landlord may exhibit the provisions of this Lease, Demised Premises to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; lessees and place upon the Demised Premises the usual "To Let" or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property"For Rent" notices.

Appears in 2 contracts

Samples: Lease (Ha Lo Industries Inc), And Option Agreement (Ha Lo Industries Inc)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the Premises; comply with all lawsdemised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided they are concealed within the walls, ordersfloor, ordinances and requirements or ceiling. Owner may, during progress of any governmental unit work in the demised premises, make all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or authority interruption of business or otherwise. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for which Landlord may be responsible under this Lease, if any; show the Premises purpose of showing the same to prospective lenders purchasers or purchasers andmortgagees of the building, and during the ninety (90) days immediately prior to last six months of the expiration term for the purpose of this Lease if Tenant declines to renew for an additional term in accordance with showing the provisions of this Lease, same to prospective tenants. If Tenant is not present to open and permit an entry into the demised premises, but only if all Owner or Owner's agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage 's property therefrom Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable Tenant for any damage to compensation and such act shall have no effect on this lease or Tenant’s property.'s obligations hereunder. VAULT, VAULT SPACE, AREA: ------------------------

Appears in 2 contracts

Samples: Sublease Agreement (Wealthhound Com Inc), Agreement of Lease (Wealthhound Com Inc)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder, (iii) show the Premises to current and prospective Lenders, insurers, purchasers, tenants (but with reasonable advance notice respect to Tenant tenants, only during the following periods: (i) if the then existing Premises consists of the Premises initially leased hereunder, only during the last 270 days of the Term, or an authorized employee (ii) if the then existing Premises consists of Tenant at the PremisesPremises initially leased hereunder plus additional premises in the Building, only during the last 365 days of the Term), brokers and governmental authorities, (iv) decorate, remodel or alter the Premises if Tenant shall abandon the Premises at any time, upon reasonable or shall vacate the same during the last 120 days of the Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Paragraph C, below, or exercise other rights of Landlord under this Lease or applicable Laws. However, Landlord shall: (a) provide not less than 24 hours’ advance written or oral notice to Tenant Tenant’s on-site manager or other appropriate person (except in emergencies in which case Landlord shall provide such notice as may be reasonable under the circumstances, if any and except in an emergencyrespect of cleaning or ordinary maintenance or repairs), (b) take reasonable steps to do the following: inspect the Premises; comply with all lawsminimize any significant disruption to Tenant’s business, orders, ordinances and requirements following completion of any governmental unit or authority for which Landlord may be responsible under this Leasework, if any; show the Premises to prospective lenders or purchasers andreturn Tenant’s leasehold improvements, during the ninety (90) days immediately prior fixtures, property and equipment to the expiration of this Lease if Tenant declines original locations and condition to renew for an additional term in accordance with the provisions of this Leasefullest extent reasonably possible, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; and (c) shall not change the configuration or post (on reduce the Development, but not within or at the entrance square footage of the Premises) for sale , unless required by Laws or for lease signs; provided; howeverother causes beyond Landlord’s reasonable control (and in the event of any permanent material reduction, that all such entries the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be completed promptly proportionately reduced). Tenant shall not place partitions, furniture or other obstructions in a good workmanlike manner so as the Premises which may prevent or impair Landlord’s access to cause the least practical interference to Tenant’s business Systems and Tenant’s use of Equipment for the Property or the systems and equipment for the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Tenant requests that any such access occur before or after Landlord’s entry materially and substantially interferes with the conduct of Tenant’s regular business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 2 contracts

Samples: Lease (New Relic Inc), Office Lease (New Relic Inc)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon Upon reasonable notice to Tenant under Tenant, and during Tenant’s business hours, Landlord and their respective employees, contractors, agents and representatives may enter onto the circumstances, in an emergency, Premises to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; (i) show the Premises to prospective lenders purchasers and potential purchasers, and to mortgagees and potential mortgagees, or purchasers and(ii) for the purpose of inspecting the Premises or performing any work which Landlord is required or permitted to perform under this Lease; provided, that, for purposes of subpart (ii) of this sentence, Landlord shall not be required to give notice prior to entry onto the Premises during the continuance of an Event of Default (hereinafter defined) or in the event of an emergency situation. Upon reasonable notice to Tenant, during the ninety last six (906) days immediately prior months of the then-current Term, unless Tenant shall have exercised the next Renewal Option, Landlord also may enter onto the Premises to show the expiration of this Lease if Tenant declines Premises to renew for an additional term in accordance with persons wishing to rent the provisions of this Leasesame, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; and place notices offering the Premises “For Rent” or post (“For Sale” on the Development, but not within or at the entrance front of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the PremisesBuilding. In all eventsHowever, Landlord shall use commercially not place any such notices on or in any door or show window of the Building. No such entry shall constitute an eviction of Tenant but any such entry shall be done by Landlord in such reasonable efforts manner as to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct any disruption of Tenant’s business and/or cause damage to Tenant’s property (and operation. Notwithstanding the entry is not needed because foregoing, Tenant may designate one or more areas as a secure area based on the sensitive nature of Tenant’s default, negligence or willful misconduct), then the activities conducted in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent portion of the interference Premises, and Landlord shall be liable for any damage to have no right of access thereto without being accompanied by Tenant’s propertydesignated representative except in the case of emergencies.

Appears in 2 contracts

Samples: Lease (Savvis Communications Corp), Certificate and Agreement (Savvis Communications Corp)

Access to Premises. Landlord, its agents, servants, 13. Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, and at other reasonable times, to examine the same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Owner shall not enter upon the demised premises except upon reasonable advance notice to Tenant under which may be oral (except in the circumstances, in case of an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for in which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries case notice shall be completed promptly in a good workmanlike manner so given as to cause the least practical interference to Tenant’s business soon as practicable) and Tenant’s use of the Premises. In all events, Landlord Owner shall use commercially make reasonable efforts to minimize interference with the Premises disturbance caused by any entry upon the premises. Tenant shall permit Owner to use and maintain and replace pipes, ducts, and conduits in and through the demised premises and to erect new pipes, ducts, and conduits therein, provided they are concealed within the walls, floors, or ceiling. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction, nor shall the Tenant be entitled to any abatement of rent while such work is in progress, nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term, for the purpose of showing the same to prospective tenant. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, and provided reasonable care is exercised to safeguard Tenant’s business operations thereonproperty, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. If Landlord’s entry materially and during the last month of the term Tenant shall have removed all or substantially interferes with the conduct all of Tenant’s business and/or cause damage property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation, and such act shall have no effect on this lease or Tenant’s obligations hereunder. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property (and line of the entry building, is not needed because of Tenant’s defaultleased hereunder, negligence anything contained in or willful misconduct)indicated on any sketch, then blue print or plan, or anything contained elsewhere in such event this lease to be the rent and any sums due and payable contrary notwithstanding. Owner makes no representation as additional rents, shall xxxxx in proportion to the extent location of the interference property line of the building. All vaults and Landlord vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed Constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be liable paid by Tenant. Occupancy: 15. Tenant will not at any time use or occupy the demised premises in violation of the certificate of occupancy issued for the building of which the demised premises are a part. Tenant has inspected the demised premises and accepts them as is. In any damage event, Owner makes no representation as to Tenant’s propertythe condition of the demised premises, and Tenant agrees to accept the same subject to violations, whether or not of record, except as set forth in this Lease.

Appears in 2 contracts

Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)

Access to Premises. Tenant shall permit Landlord, its agentsagents and designees, servantsto erect, or employees may enter use and maintain pipes, ducts, wiring and conduits in and through the Premises at reasonable times with reasonable advance notice and to Tenant (or an authorized employee have free access to the Premises and any part thereof in the event of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; , however, that all in each such entries case, the Landlord shall be completed promptly in a good workmanlike manner so as to cause not unreasonably interfere with the least practical interference to Tenant’s business and Tenant’s use of the Premises. In Landlord or Landlord’s agents shall also have the right to enter upon the Premises to inspect the same, to perform janitorial and cleaning services and to make such decorations, repairs, alterations, improvements or additions to the Premises or the Project as Landlord may reasonably deem necessary or desirable, and Landlord shall be allowed to take all eventsmaterial into and upon said Premises that may be reasonably required thereof without the same constituting an eviction of Tenant in whole or in part, and the rent reserved shall in no way xxxxx (except as provided in Sections 13 or 14 hereof) while said decorations, repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise; provided, however, that in each such case, the Landlord shall not unreasonably interfere with the Tenant’s use of the Premises. If Tenant shall not be personally present to open and permit an entry into said Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If or Landlord’s agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry materially and substantially interferes with the conduct of TenantLandlord or Landlord’s business and/or cause damage agents shall accord reasonable care to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconductproperty), then and without in any manner affecting the obligations and covenants of this Lease; provided, however, that Landlord shall provide notice to Tenant of any such event entry and shall reasonably secure the rent and any sums due and payable as additional rentsPremises. Nothing contained in this Section 10, however, shall xxxxx be deemed or construed to impose upon Landlord any obligations, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, in proportion the exercise of any rights herein provided, except to the extent of any damage caused to the interference and Premises. So long as tenant’s possession of the Premises are not adversely affected, Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the Building, and to close entrances, doors, corridors, elevators or other facilities. Landlord shall not be liable to Tenant for any expense, injury, loss or damage to Tenant’s propertyresulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley.

Appears in 2 contracts

Samples: Office Lease (AveXis, Inc.), Office Lease (AveXis, Inc.)

Access to Premises. Landlord, its agents, servants, 13. Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the Premises; comply with all lawsdemised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided they are concealed within the walls, ordersfloor, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andceiling. Owner may, during the ninety (90) days immediately prior progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason or loss or interruption of business or otherwise. Throughout the expiration term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of this Lease if Tenant declines showing the same to renew prospective purchasers or mortgagees of the building, and during the last six months of the term for an additional term in accordance with the provisions purpose of this Lease, showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the premises, but only if all Owner or Owner's agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage 's property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant’s property (and the entry is not needed because of Tenant’s defaultTenant for Vault, negligence or willful misconduct)Vault Space, then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.Area:

Appears in 2 contracts

Samples: Agreement (Edison Schools Inc), Agreement (Edison Schools Inc)

Access to Premises. Tenant shall: (i) permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have reasonable access to and to enter upon the Premises at all reasonable hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment, provided that such storage does not adversely affect Tenant’s access to or the use and occupancy of the Premises); and (iii) permit Landlord, its agentsat reasonable times, servantsto show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or employees assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit an entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the Premises at same by a master key, or, in the event of an emergency, may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable times with reasonable advance notice care to Tenant (or an authorized employee of Tenant at the PremisesTenant’s property), and at without in any timemanner affecting the obligations and covenants of this Lease; provided, upon reasonable notice to Tenant under the circumstanceshowever, except in an emergency, Landlord shall use reasonable efforts to do the following: inspect the Premises; comply schedule any access in advance with all laws, orders, ordinances Tenant and requirements at times when Tenant is reasonably able to have a representative present during such access. Landlord shall exercise its rights of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show access to the Premises to prospective lenders or purchasers and, during permitted under any of the ninety (90) days immediately prior to the expiration terms and provisions of this Lease if Tenant declines in such manner as to renew for an additional term in accordance minimize to the extent practicable interference with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance Txxxxx’s use and occupation of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 2 contracts

Samples: Confidentiality Agreement (Hubspot Inc), , and Attornment Agreement (Hubspot Inc)

Access to Premises. Tenant shall: (i) permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have reasonable access to and to enter upon the Premises at all reasonable hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment, provided that such storage does not adversely affect Tenant’s access to or the use and occupancy of the Premises); and (iii) permit Landlord, its agentsat reasonable times, servantsto show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or employees assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit an entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the Premises at same by a master key, or, in the event of an emergency, may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable times with reasonable advance notice care to Tenant (or an authorized employee of Tenant at the PremisesTenant’s property), and at without in any timemanner affecting the obligations and covenants of this Lease; provided, upon reasonable notice to Tenant under the circumstanceshowever, except in an emergency, Landlord shall use reasonable efforts to do the following: inspect the Premises; comply schedule any access in advance with all laws, orders, ordinances Tenant and requirements at times when Tenant is reasonably able to have a representative present during such access. Landlord shall exercise its rights of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show access to the Premises to prospective lenders or purchasers and, during permitted under any of the ninety (90) days immediately prior to the expiration terms and provisions of this Lease if Tenant declines in such manner as to renew for an additional term in accordance minimize to the extent practicable interference with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance Xxxxxx’s use and occupation of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 2 contracts

Samples: Confidentiality Agreement (Hubspot Inc), , and Attornment Agreement (Hubspot Inc)

Access to Premises. Landlord, its agents, servants, or employees may Landlord shall be entitled to enter upon the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any timeduring Tenant’s customary business hours, upon reasonable notice to Tenant under the circumstancesgiven no less than forty-eighty (48) hours in advance, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements for purposes of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show inspecting the Premises for potential repairs, or making any repairs thereto or to prospective lenders or purchasers andLandlord’s adjoining property. Also, during the last ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the PremisesLease Term (or commencing on such earlier date, if any, as Tenant advises Landlord that Tenant does not intend to extend or renew the Lease Term) for sale or for lease signs; provided; however, that all such entries Landlord shall be completed promptly in a good workmanlike manner so as entitled to cause enter upon the least practical interference Premises for purposes of placing any “For Lease” notices on or about the Premises, or to Tenant’s business and Tenant’s use of show or display the Premises. No such notices shall be removed, molested or hidden by Tenant. Landlord may, without prior notice in case of an emergency, enter the Premises to remedy such emergency, in which event Landlord shall give Tenant written notice within twenty-four (24) hours thereafter of the reason for and time of entry and of all actions taken by Landlord and the cost thereof. In all eventsthe event of any entry pursuant to this Paragraph 3.5, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not unreasonably interfere with the conduct of Tenant’s business and/or cause damage operations. Landlord shall coordinate with Tenant regarding both the scope and timing of any repair work in the Premises prior to Tenant’s property (and the entry is not needed because performance of any such repair work. In the event such repair work would unreasonably interfere with the conduct of Tenant’s default, negligence or willful misconductoperations (as reasonably determined by Tenant), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for take such precautions as reasonably requested by Tenant to minimize any damage to unreasonable interference thereto. Provided Landlord uses commercially reasonable judgment in minimizing unreasonable interference with Tenant’s propertyoperations, Landlord’s entry shall not be deemed an actual or constructive eviction or disturbance of Tenant. Nothing contained in this Paragraph 3.5 or elsewhere in this Lease shall obligate Landlord in any fashion under any circumstances to enter or inspect the Premises.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Premier Exhibitions, Inc.), Industrial Lease Agreement (Premier Exhibitions, Inc.)

Access to Premises. Landlord, Landlord reserves for itself and its agents, servants, or employees may and independent contractors the right to enter the Premises upon at reasonable times with reasonable advance least twenty-four (24) hours notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, ordersto supply any service to be provided by Landlord to Tenant, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders purchasers, mortgagees, beneficiaries or purchasers and, during the ninety (90no earlier than twelve (12) days immediately months prior to the expiration of this Lease if Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant declines to renew for an additional term in accordance is complying with the provisions of its obligations under this Lease, and to prospective tenantsalter, but only if all such showings are accompanied improve or repair the Premises or any other portion of the Building. Landlord's right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by a representative the character of Tenant if so requested by Tenant; the work to be performed in making repairs or post (on the Developmentimprovements, but not within or at provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsthe event of an emergency, Landlord shall use commercially reasonable efforts have the right to minimize interference with enter the Premises and Tenant’s business operations thereonat any time on oral notice. If Except to the extent caused by Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, 's gross negligence or willful misconduct), then in such event Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the rent and Premises, any sums due and payable as additional rentsright to abatement of Rent, shall xxxxx in proportion or any other loss occasioned by Landlord's exercise of any of its rights under this Section 21. Any entry to the extent Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant's use of the interference Premises as is reasonably practical, provided, however, that Landlord and Landlord Tenant shall be liable for cooperate as to the timing and staging of any damage to Tenant’s propertysuch work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 2 contracts

Samples: Agreement of Lease (Lawson Products Inc/New/De/), Real Estate Sales Contract and Escrow Instructions (Lawson Products Inc/New/De/)

Access to Premises. Landlord, its agents, servants, 13. Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises demised premises in any emergency at any time, and at other reasonable times with times, upon reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencywhich may be oral, to do examine the following: inspect the Premises; comply with all lawssame and to make such repairs, orders, ordinances replacements and requirements of any governmental unit or authority for which Landlord improvements as Owner may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior deem necessary and reasonably desirable to the expiration of this Lease if Tenant declines demised premises or to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance any other portion of the Premises) for sale building or for lease signs; provided; howeverwhich Owner may elect to perform. Owner agrees that while exercising such right of entry or making such repairs, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsreplacements or improvements, Landlord Owner shall use commercially reasonable efforts to minimize interference interfering with the Premises permitted use. Tenant shall permit Owner to use and Tenant’s maintain and replace pipes, ducts, and conduits in and through the demised premises and to erect new pipes, ducts, and conduits therein, provided they are concealed within the walls, floors, or ceiling. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction, nor shall the Tenant be entitled to any abatement of rent while such work is in progress, nor to any damages by reason of loss or interruption of business operations thereonor otherwise except as set forth herein. Throughout the term hereof, Owner shall have the right to enter the demised premises at reasonable hours upon reasonable advance notice to Tenant which may be oral for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last 24 months of the term, for the purpose of showing the same to prospective tenant. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry Tenant is not needed because of Tenantpresent to open and permit an entry into the demised premises, Owner or Owner’s defaultagents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion provided reasonable care is exercised to the extent of the interference and Landlord shall be liable for any damage to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building, is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to be the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be paid by Tenant.

Appears in 2 contracts

Samples: Agreement of Sublease (Liquid Holdings Group, Inc.), Office Lease (Liquid Holdings Group, Inc.)

Access to Premises. LandlordAfter reasonable notice, its agents, servants, or employees may Tenant agrees to permit Landlord and the authorized representatives of Landlord to enter the Premises at reasonable all times with reasonable advance notice during usual business hours for the purpose of inspecting, making any necessary repairs required or permitted to Tenant (or an authorized employee of Tenant at the Premises)be made by Landlord hereunder, conducting environmental testing, and at performing any time, upon reasonable notice work therein required or permitted to Tenant under the circumstances, in an emergency, be made by Landlord hereunder that may be necessary to do the following: inspect the Premises; comply with all any laws, ordersordinances, ordinances and rules, regulations or requirements of any governmental unit public authority or authority for which of the Board of Fire Underwriters or any similar body or that Landlord may be responsible deem necessary to prevent waste or deterioration in connection with the Premises. Nothing herein shall imply any duty upon the part of Landlord to do any such work that, under any provision of this Lease, if any; show Tenant may be required to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant’s default in failing to perform the same. The Landlord may, during the progress of any work in the Premises, keep and store upon the Premises all necessary materials, tools and equipment. The Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of Tenant by reason of making repairs or the performance of any work in the Premises, or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected in any manner whatsoever so long as Landlord uses reasonable care to minimize its disturbance of Tenant’s business operations hereunder. Tenant agrees that no additional locks will be placed on any of the doors to the Premises without the written consent of Landlord. Landlord reserves the right to enter upon the Premises at any time in the event of an emergency and, after reasonable notice, at reasonable hours to exhibit the Premises to prospective lenders purchasers or purchasers and, others; and to exhibit the Premises to prospective tenants and to display “For Lease” or similar signs on windows or doors in the Premises during the ninety (90) days immediately prior to last twelve months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions Term of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested without hindrance or molestation by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 2 contracts

Samples: Commercial Lease (Entellus Medical Inc), Commercial Lease (Entellus Medical Inc)

Access to Premises. LandlordUpon reasonable notice, its agents, servants, Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice times, to Tenant under examine the circumstancessame and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to any portion of the building or which Owner may elect to perform, in an emergencythe premises, following Tenant's failure to do make repairs or perform any work which Tenant is obligated to perform under this lease, or for the following: inspect the Premises; comply purpose of complying with all laws, ordersregulations and other directions of governmental authorities. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andOwner may, during the ninety (90) days progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Owner shall have the right, upon notice to Tenant, to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgages of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants and may, during said six months period, place upon the premises the usual notice "To Let" and "For Sale" which notices Tenant shall permit to remain thereon without molestation. If during the last month of term Tenant shall have removed all or substantially all of Tenant's property therefrom, Owner may immediately prior enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder. Owner shall have the right at any time, without the same constituting an eviction and without incurring liability to Tenant therefor to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the building and to change the name, number or designation by which the building may be known. Owner shall indemnify Tenant for loss or damage from Owner's negligence with respect to access to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertypremises.

Appears in 2 contracts

Samples: Agreement of Lease (Blue Fish Clothing Inc), Agreement of Lease (Blue Fish Clothing Inc)

Access to Premises. LandlordLessor shall provide Lessee, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseLessor’s normal security and safety requirements, with which Lessee agrees to prospective tenantscomply and cause its employees, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Developmentcontractors and sub- contractors to comply, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries Lessee shall be completed promptly have first received written notification thereof, with access to the Site as reasonably necessary to allow Lessee to perform the installation work and operate, maintain, improve and replace the System as contemplated in a good workmanlike manner so as the PPA2-D, including, without limitation, ingress and egress rights to cause and from the least practical interference Premises for Lessee and its employees, contractors and sub-contractors and access to Tenantelectrical panels and conduits to interconnect the System with the Site’s business and Tenant’s use of the Premiseselectrical wiring. In all events, Landlord Lessor shall use commercially reasonable efforts to minimize provide sufficient space, adjacent to the Premises, for the temporary storage and staging of tools, materials and equipment and for the parking of construction crew vehicles and temporary construction trailers and facilities reasonably necessary during the installation work, removal work and access for rigging and material handling. Lessor shall provide Lessee a reasonable area adjacent to the Premises for construction laydown. Lessor and its authorized representatives shall at all times have access to and the right to observe the installation work, subject to compliance with Lessee’s safety rules, but shall not interfere with the installation work or handle any Lessee equipment or the System without prior written authorization from Lessee. In addition, Lessor shall grant Lessee, in accordance with Lessor’s normal security and safety requirements, with which Lessee agrees to comply and cause its employees, contractors and sub-contractors to comply, provided, that Lessee shall have first received written notification thereof, access to the Site as reasonably necessary to allow Lessee to perform the O&M Work, including, without limitation, ingress and egress rights to and from the Premises for Lessee and its employees, contractors and subcontractors and local electric utility personnel. Notwithstanding anything to the contrary herein, with respect to future changes to Lessor’s security and safety requirements, Lessor shall provide Lessee with written notification of such changes and if Lessee reasonably determines that compliance with such changes would materially or adversely increase Lessee’s obligations or decrease Lessee’s rights under this Agreement, Lessee and Lessor shall negotiate in good faith to determine how to resolve the impact of such changes on Lessee; provided, that, if Lessee and Lessor are unable through such negotiations to reach an agreement as to the impact of such changes on Lessee, Lessee shall have the right to terminate this Agreement as set forth in Section 8 hereof, in which case the provisions of Section 12.2 (b) of the PPA2-D shall apply. Lessee shall perform the O&M Work in a manner that minimizes inconvenience to and interference with Lessor and Lessor’s invitees’ and customers’ use of the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion Property to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertycommercially practicable.

Appears in 1 contract

Samples: Lender Agreement (Bloom Energy Corp)

Access to Premises. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, its agentsand, servantsat other reasonable times, upon reasonable notice, to examine the same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Premises and to erect new pipes and conduits therein provided they are concealed within the walls, floors, or employees may ceiling. Landlord may, during the progress of any work in the Premises, take all necessary materials and equipment into said Premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress not to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Landlord shall have the right to enter the Premises at reasonable times hours and reasonable prior notice for the purpose of showing the same to prospective purchasers or mortgagees of the Building with the exception of high security areas, and during the last six months of the term for the purpose of showing the same to prospective tenants with the exception of high security areas. If Tenant is not present to open and permit an entry into the Premises, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly (under emergency conditions only) and provided reasonable advance notice care is exercised to Tenant (safeguard Tenant’s property, such entry shall not render Landlord or an authorized employee its agents liable therefor, nor in any event shall the obligations of Tenant at hereunder be affected. If during the Premises)last month of the term Tenant shall have removed all or substantially all of Tenant’s property therefrom Landlord may immediately enter, alter, renovate or redecorate the Premises without limitation or abatement of rent, and at such act shall have no effect on this Lease or Tenant’s obligations hereunder; provided that Landlord shall indemnify Tenant and hold Tenant harmless from and against any time, upon reasonable notice to Tenant under and all claims arising from or in connection with (i) the circumstances, in an emergency, to do conduct or management of the following: inspect the Premises; comply with all laws, orders, ordinances and requirements Premises or of any governmental unit work or authority for which Landlord may be responsible under this Leasething whatsoever done, if any; show or any condition created (other than by Tenant) in or about the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration period of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, time that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with has entered the Premises and Tenant’s business operations thereon. If (ii) any accident, injury or damage whatever caused as a result of Landlord’s entry materially and substantially interferes with activities occurring in, at or upon the conduct of TenantPremises during Landlord’s business and/or cause damage to Tenant’s property (and entrance into the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event Premises during the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent last month of the interference and Landlord shall be liable for any damage to Tenant’s propertyterm.

Appears in 1 contract

Samples: Agreement of Lease (Merisel Inc /De/)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at 16.01 Upon reasonable times with reasonable advance prior written notice to Tenant (or except in the event of an authorized employee of Tenant at the Premises)emergency, and then at any time), upon reasonable notice Tenant will permit Landlord and its agents access to Tenant under the circumstances, in an emergency, to do Premises during all normal business hours for the following: inspect purpose of examining the Premises; comply with all laws, ordersmaintaining existing pipes and conduits in and through the Premises and making any repairs, ordinances and requirements of any governmental unit alterations or authority for additions which Landlord may be responsible under this Leasedeem necessary for the safety, if any; show preservation or improvement of the Premises or the Building. Landlord will be allowed to prospective lenders or purchasers and, during take all material into the ninety (90) days immediately prior Premises that may be reasonably required for such work and to perform such acts without the expiration of this Lease if Tenant declines to renew for same constituting an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative eviction of Tenant if so requested by Tenant; in whole or post (on the Developmentin part, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, provided Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not unreasonably interfere with the conduct of Tenant’s 's business. The rent will not xxxxx while the repairs, alterations, improvements or additions are being made unless any such repairs (i) extend over a period of more than three (3) consecutive business and/or cause damage to Tenant’s property days; and (and ii) preclude Tenant from conducting its business in a commercially reasonable manner within the entry is not needed because Premises for a period of Tenant’s defaultmore than three (3) consecutive business days, negligence or willful misconduct), then in such event which case fifty percent (50%) of the rent and any sums due and payable as additional rents, Base Rent shall xxxxx be abated in proportion to the extent percentage of the interference and Landlord Premises that cannot be used for Tenant's business in a comercially reasonable manner. Said rent abatement shall be liable for that period beyond three (3) consecutive business days during which Tenant is precluded from using the applicable portion of the Premises for Tenant's business in a commercially reasonable manner as a result of any damage repairs, alterations, improvements or additions being made by Landlord. Notwithstanding anything contained herein to the contrary, in no event shall rent xxxxx if repairs or replacements to the Premises or any other portion of the Building are necessitated by Tenant’s property's negligence or breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Federal Screw Works)

Access to Premises. LandlordLandlord and its employees, its agentsservants and agents shall have the right, servantsupon 24 hours’ prior notice, or employees may to enter the Premises during business hours, or at such other reasonable times for the purpose of examining or inspecting the Premises to ensure that Tenant is complying with reasonable all of its obligations hereunder, showing the same to prospective purchasers, mortgagees, or tenants of the Office Unit, performing janitorial, cleaning, maintenance and repair services, including, but not limited to regular HVAC service repairs, maintenance, and replacement, and making such alterations, repairs, improvements or additions to the Premises or other portions of the Property as Landlord may deem necessary or desirable. Notwithstanding the foregoing, prior to Landlord's entry into the Premises other than in an emergency or for purposes of performing Landlord's normal janitorial, cleaning, maintenance and repair services contemplated under this Lease (for which entry no advance notice shall be required), Landlord shall provide at least twenty-four (24) hours prior notice to Tenant (or which notice need not be in writing). In connection with any such entry, Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an authorized employee eviction of Tenant at the Premises)in whole or in part, and the Rent shall not xxxxx while said alterations, repairs, improvements or additions are being made by reason of loss or interruption of business of Tenant or otherwise. If representatives of Tenant shall not be present to open and permit entry into the Premises at any timetime when such entry by Landlord is necessary or permitted hereunder, upon reasonable notice Landlord may enter by means of a master key (or forcibly in the event of an emergency) without liability to Tenant under the circumstances, in and without such entry constituting an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements eviction of any governmental unit Tenant or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions termination of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Commencement Date Agreement (Duolingo, Inc.)

Access to Premises. LandlordLandlord shall have the right, its agentswith advance notice to Tenant, servantsand during normal banking business hours, to enter upon and in the Leased Premises to examine the same and to make such repairs, replacements, alterations, improvements and additions in the Leased Premises as Landlord may deem necessary, and to take all materials into and upon the Leased Premises that may be required therefore, without the same constituting all eviction of Tenant, in whole or employees may in part, and without any abatement of Rent or Additional Rent Charges; provided, however, Landlord shall use reasonable efforts not to unreasonably interfere with or interrupt Tenant’s intended uses of the Leased Premises. Upon reasonable notice to Tenant, and during normal banking hours, Landlord shall have the right to enter the Leased Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises it to prospective lenders purchasers, landlord or purchasers and, during tenants (under ground or underlying leases) and mortgages of the ninety Leased Premises. During the six (906) days immediately months prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm, Landlord may show the Leased Premise to prospective tenantstenants or purchasers of the Leased Premises. Notwithstanding the foregoing, but only if Landlord acknowledges that all such showings are accompanied or part of the Leased Premises will be used by a representative branch bank of a national banking association and, as such, during all times that Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultopen for business, negligence or willful misconduct)the Leased Premises will be subject to a security system and monitored alarm system, then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall first notify Tenant to obtain access if such access is required during non-business hours. Tenant shall provide Landlord with the contact information for an individual who will be liable for any damage available twenty-four hours a day to Tenant’s propertyprovide access in the event of an emergency situation at the Leased Premises.

Appears in 1 contract

Samples: Commercial Lease Agreement (Millennium Bankshares Corp)

Access to Premises. Section 15.1. Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain ducts, pipes and conduits in and through the Premises, provided that such ducts, pipes or employees may enter conduits do not materially interfere with Tenant’s use and occupancy of the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at for the Premises)Permitted Uses, shall be completely concealed behind then existing walls and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance ceiling of the Premises) for sale or for lease signs; provided; however, that all and shall not cause a reduction of the usable floor space of the Premises (other than to a de minimis extent). Landlord shall undertake any such entries shall be completed promptly work in such a good workmanlike manner so as to cause the least practical minimize any interference to Tenant’s business operations and Tenant’s use to minimize any damage to the appearance or function of the affected areas of the Premises. In Landlord shall, at its expense, repair all events, Landlord shall use commercially reasonable efforts to minimize interference with damage and restore the portion of the Premises that is the subject of such installation to substantially the condition existing before such installation. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times on reasonable prior notice (except that in an emergency, only such prior notice as may be practicable will be required), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Superior Lessors or lessees of the Building and their respective agents and representatives, to inspect any or all aspects of any Alterations (as more particularly set forth in Section 4.6 hereof), and during the final twelve (12) months of the Term, to prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (ii) which Landlord may elect to perform following Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes failure to make repairs or perform any work that Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultapplicable Laws, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part, and Fixed Rent and Additional Rent will not be abated while such repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant’s property, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Telx Group, Inc.)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantswires, ducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or employees may materially adversely affect the appearance thereof or materially adversely interfere with Tenant's use of the Premises for the Use of the Premises; (ii) permit the Landlord and any Mortgagee to have free and unrestricted access to and to enter upon the Premises at all reasonable times with reasonable advance notice hours for the purposes of inspecting equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or making repairs, replacements or improvements in or to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do Building or elsewhere on the following: inspect the Premises; comply Property or complying with all laws, orders, ordinances orders and requirements of governmental or other authority or of exercising any governmental unit right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or authority for improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times and upon reasonable prior notice (which Landlord may notice need only be responsible under this Leasereasonable given the applicable circumstances and need not be in writing or given in strict compliance with Article 23.0 hereof, if any; "BILLS AND NOTICES"), to show the Premises during ordinary business hours to any Mortgagee, prospective lenders purchaser of any interest of Landlord in the Building, the Property or purchasers andany portion thereof, prospective Mortgagee, or prospective assignee of any Mortgage, and during the ninety (90) days period of twelve months next preceding the Term Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If during the last month of the Term, Tenant shall have removed substantially all of Tenant's property from the Premises, Landlord may immediately prior enter and alter, renovate and redecorate the Premises, without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit any entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents must nevertheless be able to gain such entry by contacting a responsible representative of Tenant, whose name, address and telephone number shall be furnished by Tenant. Landlord shall exercise its rights of access to the expiration Premises permitted under any of the terms and provisions of this Lease if Tenant declines in such manner as to renew for an additional term in accordance with the provisions of this Leaseminimize, to prospective tenantsthe extent practicable, but only if all such showings are accompanied by a representative of Tenant if so requested by interference with Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business 's use and Tenant’s use occupation of the Premises. In all eventsIf an excavation shall be made or authorized by the Landlord to be made upon the Property, Landlord Tenant shall use commercially reasonable efforts afford, to minimize interference with the person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as said person shall deem necessary to preserve the Building, the Property or any portion thereof from injury or damage and Tenant’s business operations thereon. If to support the same by proper foundations without any claim for damage or indemnity against Landlord’s entry materially and substantially interferes with the conduct , or diminution or abatement of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyRent.

Appears in 1 contract

Samples: Lease Agreement (NeuroMetrix, Inc.)

Access to Premises. 16.1 Landlord or any Superior Mortgagee or any other party designated by Landlord, its and their respective agents, servants, or employees may shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any timeduring regular business hours, upon reasonable at least 24 hours prior notice to Tenant under (which notice may be oral) except in the circumstances, in an case of emergency, to do the following: inspect (i) examine the Premises; comply with , (ii) show it to prospective purchasers, mortgagees, or during the last 15 months of the Term to lessors or lessees, and their respective agents and representatives or others provided that Tenant shall have the right to accompany Landlord and any such interested party at all lawstimes while the same are in the Premises, ordersand (iii) to make such maintenance, ordinances repairs or replacements to the Structural Elements as provided in Section 6.1 and/or to perform any other maintenance, repairs or replacements in and requirements to the Premises which if not made would materially adversely affect the structure, systems, safety or security of any governmental unit or authority for the Premises which Landlord may be responsible elect to perform following Tenant’s failure to perform as required under this LeaseLease within thirty (30) days after Tenant having received notice of such failure to perform from Landlord; provided, that, if any; show the Premises to prospective lenders or purchasers and, during the ninety such performance is not susceptible of being completed within said thirty (9030) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsday period, Landlord shall use commercially reasonable efforts have no right to minimize interference with the Premises perform same on behalf of Tenant so long as Tenant has commenced (if practicable) and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage is diligently prosecuting such performance to Tenant’s property (and the entry is not needed because of Tenant’s defaultcompletion, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable allowed to take all material into the Premises (but may not store) that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any damage abatement of Rent. Except in the case of an emergency, if any work performed by Landlord pursuant to this Article 16 would affect Tenant or Tenant’s propertyuse, enjoyment and occupancy of the Premises, then Landlord shall give notice of such work to Tenant prior to commencing such work, and if requested by Tenant shall perform such work on an overtime basis at Tenant’s sole cost and expense (except if such work affects access or any services, in which case such work will be performed on an overtime basis at Landlord’s sole cost and expense).

Appears in 1 contract

Samples: Agreement of Lease (Rae Systems Inc)

Access to Premises. Landlord, Landlord reserves for itself and its agents, servants, or employees may and independent contractors the right to enter the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice notice) to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, ordersto supply any service to be provided by Landlord to Tenant hereunder, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; to show the Premises to prospective lenders purchasers, mortgagees, beneficiaries or purchasers and, (during the ninety last twelve (9012) days immediately prior months of the Term) prospective tenants, to the expiration post notices of this Lease if nonresponsibility, to determine whether Tenant declines to renew for an additional term in accordance is complying with the provisions of its obligations under this Lease, and to prospective tenantsalter, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; improve or post (on repair the Development, but not within Premises or at the entrance any other portion of the Premises) Building provided that Landlord shall not under any circumstances, except for sale emergencies threatening life or for lease signs; provided; howeverproperty, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to enter Tenant’s business computer areas without the permission of Tenant. Tenant shall not place any locks on any interior doors in the Premises without the consent of Landlord and Tenant’s without providing Landlord with copies of the keys for such locks. In the event of an emergency, Landlord shall have the right to enter the Premises at any time without notice. Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open doors in an emergency, in order to obtain entry to any portion of the Premises. In all eventsExcept as provided in Section 12 above, Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent or Additional Charges, or any other loss occasioned by Landlord’s exercise of any of its rights under this Article 20; provided that Landlord shall always use commercially reasonable its best efforts to avoid or minimize any interference with the Premises and Tenant’s business operations thereonbusiness. If Tenant waives all rights to consequential damages (including, without limitation, damages for lost profits and lost opportunities) arising in connection with Landlord’s entry materially and substantially interferes with the conduct exercise of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyits right under this Section 20.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (Thoratec Corp)

Access to Premises. Landlord, its agents, servants, 13. Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises demised premises in any emergency at any time, and, at other reasonable times with times, upon reasonable advance notice to Tenant, to examine the same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to any portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein, provided they are concealed within the walls, floors or ceiling, and provided Tenant’s occupancy and use of the Demised Premises in not unreasonably disturbed. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Notwithstanding the foregoing, as Tenant is responsible for any and all maintenance and repairs to the premises, whether structural or non-structural, throughout the Lease Term, in the event any repairs deemed necessary by Owner are not completed by Tenant, to Owner’s satisfaction, within fourteen (14) days written notice of same, to the extent Owner shall undertake any such repairs on Tenant’s behalf, the total cost of same, together with fifteen (15%) percent markup, shall be charged to Tenant as additional rent, and shall be due to Owner by the 1st of the immediately succeeding month, without exception. Nothing herein shall be deemed to require Owner to issue notice to Tenant of any repairs to be undertaken or to relieve Tenant obligation to conduct repairs in the event no notice is issued. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours and upon reasonable advance notice to Tenant, for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an authorized employee entry into the demised premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant at hereunder be affected. If during the Premises)last month of term Tenant shall have removed all or substantially all of Tenant’s property therefrom Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s obligations hereunder. Owner specifically reserves the right to conduct inspections of the demises premises, the structure, roof, basement, bathroom, plumbing system, electrical system and storage spaces at any timetime during business hours, upon reasonable advance notice to Tenant. Notwithstanding the foregoing, each party shall enjoy reasonable and necessary ingress and egress rights for the sole, exclusive and limited purpose of accessing electrical switchyards, running supporting cabling, and infrastructure for both Owner and Tenant under operations. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the circumstancesproperty line of the building is leased hereunder, anything contained in an emergencyor indicated on any sketch, blueprint or plan, or anything contained elsewhere in this lease to do the following: inspect contrary notwithstanding. Owner makes no representation as to the Premises; comply with location of the property line of the building. All vaults and vault space and all lawssuch areas not within the property line of the building, orders, ordinances and requirements of any governmental unit or authority for which Landlord Tenant may be responsible permitted to use and/or occupy, is to be used and/or occupied under this Leasea revocable license, and if any; show any such license be revoked, or if the Premises amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to prospective lenders any liability nor shall Tenant be entitled to any compensation or purchasers anddiminution or abatement of rent, during the ninety (90) days immediately prior to the expiration nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of this Lease if Tenant declines to renew municipal authorities for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested vault or area shall be paid by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Plant Lease Agreement (Bit Brother LTD)

Access to Premises. Landlord, its agents, servants, or employees may Tenant agrees to permit Landlord and the authorized representatives of Landlord to enter the Premises at reasonable all times during usual business hours with reasonable advance advanced notice for the purpose of inspecting the same and making any necessary repairs to Tenant (the Premises and performing any work therein that may be necessary to comply with any laws, ordinances, rules, regulations or an authorized employee requirements of Tenant at any public authority or of the Board of Fire Underwriters or any similar body or that Landlord may deem necessary to prevent waste or deterioration in connection with the Premises). Nothing herein will imply any duty upon the part of Landlord to do any such work which, under any provision of this Lease, Tenant is required to perform and the performance thereof by Landlord will not constitute a waiver of the Tenant’s default to perform the same. Landlord may, during the progress of any work in the Premises or Building, keep and store upon the Premises or Building all necessary materials, tools, and equipment. Landlord will not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of the Tenant, nor will Tenant’s lease obligations be affected by reason of making repairs or the performance of any work, including materials handling into or through the Premises or Building. Landlord reserves the right to enter upon the Premises (a) at any time, upon reasonable notice to Tenant under time in the circumstances, in event of an emergency, and (b) at reasonable hours and with reasonable advanced notice to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show exhibit the Premises to prospective lenders purchasers or purchasers and, others; and to exhibit the Premises to prospective tenants and to display “For Rent” or similar signs on windows or doors in the Premises during the ninety last one hundred twenty (90120) days immediately prior to of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested without hindrance by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Commercial Lease (Aetrium Inc)

Access to Premises. Section 14.1 (A) Landlord, its or Landlord's agents, servants, or employees may shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or in an authorized employee of Tenant at the Premises)emergency, and at any time, upon and, in non-emergency situations, at other reasonable times on reasonable advance oral notice to Tenant's office manager or assistant manager or other on-site employee of Tenant under the circumstances, in an emergencywith apparent authority, to do examine the following: inspect same and to make such repairs, replacements and non-decorative improvements as Landlord may deem necessary or desirable to any portion of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Premises following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premisesany other reasonable purpose. In all events, Landlord shall use commercially reasonable efforts to minimize minimize, to the extent reasonably practicable, interference with Tenant's use of the Premises for the Permitted Use. Whenever such repairs or work is necessary in order to perform work in another tenant's premises within the Building, Landlord agrees whenever practicable to perform such repairs or work in the Premises before or after "Business Hours" or on non-"Business Days" ( as such terms are defined in Section 24.1). Tenant shall permit Landlord to use, maintain and replace pipes and conduits in and through the Premises and Tenant’s business operations thereon. If Landlord’s entry materially to erect new pipes and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (conduits therein, provided such new pipes and the entry is not needed because of Tenant’s defaultconduits are, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent practicable, within the walls, above the ceiling or below the finished floor (or, if not practicable, then "snug" to columns or ceilings whenever practicable). Landlord may, during the progress of any work in the interference Premises, take all necessary materials and equipment for the work then being performed into the Premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of Rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Landlord shall be liable for any damage shall, at Landlord's cost and expense, restore the Premises as nearly as practicable to Tenant’s propertyits prior condition after completion of such work and remove its materials and equipment therefrom.

Appears in 1 contract

Samples: Agreement (U S Trust Corp /Ny)

Access to Premises. LandlordSubject to the following provisions, its agents, servants, or employees may to enter the Premises at reasonable times with reasonable advance notice in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder (or an authorized employee of Tenant at except for the PremisesSecure Areas as described below), (iii) show the Premises to current and at any timeprospective Lenders, upon reasonable notice to Tenant under insurers, purchasers, governmental authorities, and their representatives, and during the circumstanceslast nine (9) months of Tenant's occupancy, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders tenants and leasing brokers, and (iv) decorate, remodel or purchasers and, alter the Premises if Tenant abandons the Premises at any time or vacates the same during the ninety last 120 days of the Term (90without thereby terminating this Lease), and (v) days immediately prior perform any work or take any other actions under Paragraph C below, or exercise other rights of Landlord under this Lease or applicable Laws. If Tenant requests that any such non-disruptive access occur before or after Building Hours, and Landlord schedules the work accordingly, Tenant shall pay all overtime and other additional costs in connection therewith. In connection with any such access to the expiration of this Lease if Premises, except in emergencies or for cleaning or other routine services to be provided to Tenant declines to renew for an additional term in accordance with the provisions of under this Lease, Landlord shall: (a) provide reasonable advance written or oral notice to prospective tenantsTenant's on-site manager or other appropriate person, but only if all such showings are accompanied by a representative of and (b) take reasonable steps to minimize any disruption to Tenant's business. Notwithstanding anything contained in this Lease to the contrary, Tenant if so requested by Tenant; or post (on shall have the Development, but not right to reasonably designate certain limited areas within or at the entrance of the Premises, such as the Telecommunications Equipment Room, as secure areas ("Secure Areas") for sale or for lease signs; provided; however, that all such entries shall which may be completed promptly in a good workmanlike manner so as locked by Tenant and to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, which Landlord shall use commercially reasonable efforts not have the key or other method of access (such as key cards or security codes), except when a Tenant employee or representative is present. Tenant acknowledges that Landlord's lack of access to minimize interference with the Premises Secure Areas may impair the ability of Landlord or other persons (including, without limitation, fire and Tenant’s business operations thereonpolice personnel) to respond to emergency situations in or affecting the Secure Areas. If Landlord’s entry materially Tenant waives and substantially interferes with releases all claims, demands, liabilities, losses and expenses (collectively, "claims") which may arise or occur as a result of any delay or difficulty in gaining, or inability to gain, access to the conduct of Tenant’s business and/or cause Secure Areas by Landlord or other persons (including, without limitation, fire and police personnel) in emergency situations, and Tenant shall defend, indemnify and hold Landlord and its agents and employees harmless from any claims, damages, losses and expenses, including damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion doors to the extent of the interference and Secure Areas arising therefrom. Landlord shall be liable for have no obligation to provide any damage cleaning services to Tenant’s propertythe Secure Areas.

Appears in 1 contract

Samples: Office Lease (E Spire Communications Inc)

Access to Premises. LandlordSublessor reserves, its agentsand shall at all reasonable times have, servants, or employees may the right to re-enter the Premises at reasonable times with reasonable advance upon 24 hours' prior notice to Tenant Sublessee (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, except in an emergency) to inspect the same, to do the following: inspect the Premises; comply with all lawssupply any service to be provided by Sublessor to Sublessee, orders, ordinances and requirements of any governmental unit to show or authority for which Landlord may be responsible under this Lease, if any; to allow Lessor to show the Premises to prospective lenders purchasers, mortgagees; or purchasers andtenants, during to post notices of nonresponsibility, and to alter, improve or repair the ninety (90) days immediately prior Premises. Any such work shall be without abatement of Rent provided the work is necessary to comply with governmental requirements or is reasonably necessary to keep the Premises in the condition required by this Sublease and Sublessor complies with this Section. For such purpose, Sublessor may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the expiration Premises shall not be blocked thereby, and further provided that the business of Sublessee shall not be interfered with unreasonably. For each of the purposes stated in this Lease if Tenant declines Section, Sublessor shall at all times have and retain a key with which to renew for unlock all of the doors in, upon and about the Premises, excluding Sublessee's vaults and safes or special security areas (designated in advance). Sublessor shall have the right to use any and all means which Sublessor may deem necessary or proper to open all doors in an additional term emergency in accordance with the provisions of this Lease, order to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance obtain entry to any portion of the Premises) for sale , and any entry to any portion of the Premises obtained by Sublessor by any such means, or for lease signs; provided; howeverotherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, that or a detainer of, the Premises, or an eviction, actual or constructive, of Sublessee from all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use or part of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Agreement (Corillian Corp)

Access to Premises. LandlordLandlord and its authorized representatives shall have the right to enter upon the Premises during all regular business hours for the purpose of inspecting or exhibiting the same to prospective purchasers, its agentsmortgagees and tenants. Landlord shall have the right to maintain and repair all utility equipment, servantsin, upon, above or employees under the Premises as may be necessary for the servicing of the Premises and/or other portions of the Shopping Center. Landlord shall also have the right to enter the Premises during all regular business hours (and in emergencies at reasonable times with reasonable advance notice all times) for the purpose of making any repairs to the Premises or to the building of which it forms a part as Landlord may deem necessary, and for any other lawful purpose; and in connection therewith, Landlord shall have the right to take materials, tools and equipment in, through or above the Premises that may be required without the same constituting an actual or constructive eviction of Tenant from the Premises or any part thereof. Nothing herein shall be deemed to impose any duty upon Landlord to do any such work which Tenant is required to perform, and the performance thereof by Landlord shall not be a waiver of Tenant's default in failing to perform the same. Landlord shall not be liable for any inconvenience, disturbance, loss of business or other damage to Tenant (due to the performance by Landlord of any work in, upon, above or an authorized employee under the Premises or for bringing materials, tools and equipment in, through or above the Premises, and the obligations of Tenant at under this Lease shall not thereby be affected in any manner, nor shall the Premises), and at same constitute any time, upon reasonable notice to Tenant under the circumstances, in ground for an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements abatement of any governmental unit or authority for which Landlord may be responsible under this Leaserents, if any; show the Premises to prospective lenders or purchasers andprovided, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts not to minimize interference interfere with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.the

Appears in 1 contract

Samples: Casa Ole Restaurants Inc

Access to Premises. Landlord, its agents, servants, or employees may enter Landlord shall have free access to the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to the Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply and without interference with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance 's Use of the Premises, at all reasonable time (and in case of emergency at any time) for sale the purpose of examining the same or for lease signs; provided; howevermaking such repairs, alterations, additions or improvements to the Premises, or the Building of which the Premises are a part, that all Landlord may deem necessary or which Tenant has failed to do (but nothing in this Paragraph shall obligate Landlord to make any such entries shall be completed promptly in a good workmanlike manner so as to cause repairs, alterations, additions or improvements) and also for the least practical interference to Tenant’s business and Tenant’s use purpose of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with exhibiting the Premises and putting up notices "To Rent," during the last six (6) months of the original or extended term, as the case may be, or "For Sale", which notices shall not be removed, obliterated or hidden by Tenant’s business operations thereon. If Landlord’s No forcible entry materially and substantially interferes with the conduct of Tenant’s business and/or cause shall be made by Landlord unless such entry shall be reasonably necessary to prevent injury, loss or damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultpersons or property, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for repair any damage to property occasioned thereby. Landlord shall repair any damage to property of Tenant or anyone claiming under Tenant caused by or resulting from Xxxxxxxx's making any such repairs, alterations, additions or improvements except only such damage as shall result from the entry to the Premises and/or the making of such repairs, alterations, additions or improvements which Landlord shall make as a result of an emergency or the default, negligence, fault or willful misconduct of Tenant or anyone claiming under or through Tenant’s property. No action of Landlord pursuant to this Paragraph shall be deemed an eviction or disturbance of Tenant nor shall Tenant be allowed any abatement of rent or damages for any injury or inconvenience occasioned thereby.

Appears in 1 contract

Samples: Lease Agreement (Ibis Technology Corp)

Access to Premises. LandlordLandlord shall have the right to enter the Demised Premises during normal business hours to inspect or to exhibit the same to prospective purchasers, its agentsmortgagees, servantsTenants and tenants and to make such repairs, additions, alterations or employees Improvements Landlord may deem reasonably necessary. Landlord shall be allowed to take all material into and upon said Demised Premises that may be required theretofore without the same constituting an eviction of Tenant in whole or in part, and the rents reserved shall not abxxx xhile said work is in progress by reason of loss or interruption of Tenant's business or otherwise; Tenant shall have no claim for damages. If Tenant shall not be personally present to permit an entry into said premises when for any reason an entry therein shall be permissible, Landlord may enter the Premises at reasonable times with reasonable advance notice to Tenant (same by a master key or an authorized employee by the use of Tenant at force without rendering Landlord liable therefor and without in any manner affecting the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements obligations of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show . The provisions of this paragraph shall not be construed to impose upon Landlord any obligation whatsoever for the Premises to prospective lenders maintenance or purchasers and, during repair of the ninety building or any part thereof. During the six (906) days immediately months prior to the expiration of this Lease if or any renewal term, Landlord may place upon the Demised Premises signs indicating that -- the Demised Premises are available for rent or sale, which Tenant declines shall permit to renew remain thereon, except as otherwise provided for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Lease Agreement (International Airline Support Group Inc)

Access to Premises. 22. A. Landlord or Landlord's agents shall have the right to enter and/or pass through the Demised Premises at all times to examine the same, its agentsto show them to mortgagees, servantsground lessors, prospective purchasers or employees lessees or mortgagees of the Building, adjusters or any other persons, and to make such repairs, improvements or additions as Landlord may enter deem necessary or desirable and Landlord shall be allowed to take all material into and upon and/or through said Demised Premises that may be required therefor. Landlord's access to the Demised Premises shall be limited to once per month at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, (except during the ninety last 12 months of the term or in the event of an emergency or necessary repairs). During the one (901) days immediately year prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseDemised Term, or any renewal term, Landlord may exhibit the Demised Premises to prospective tenantstenants or purchasers at all reasonable hours and without unreasonably interfering with Tenant's business. If Tenant shall not be personally present to open and permit an entry into said premises, but only if all such showings are accompanied at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a representative of Tenant master key, without rendering Landlord or such agent liable therefor (if so requested by Tenant; during such entry Landlord or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries Landlord's agents shall be completed promptly in a good workmanlike manner so as to cause the least practical interference accord reasonable care to Tenant’s business and Tenant’s use of the Premises's property). In all events, Landlord shall use commercially reasonable efforts to minimize interference comply with Tenant's security procedures (except in the Premises and Tenant’s business operations thereoncase of an emergency). If Landlord’s entry materially and during the last month of the Demised Term, Tenant shall have removed all or substantially interferes with the conduct all of Tenant’s business and/or cause damage 's property there from, Landlord may immediately enter, alter, renovate or redecorate the Demised Premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and 's obligations hereunder. Landlord shall be liable for any damage to Tenant’s propertyprovide Tenant with 194 building access cards. Landlord shall provide Tenant with additional building access cards at a charge of $25.00 per card.

Appears in 1 contract

Samples: Agreement of Lease (Falconstor Software Inc)

Access to Premises. LandlordLessee agrees that Lessor, its Lessor's beneficiaries and their agents, servantsemployees or servants or any person authorized by Lessor may enter the Demised Premises during normal business hours, except that Lessor shall be permitted to enter the Demised Premises at any time when Lessor believes there is an emergency situation which warrants additions, improvements, changes or alterations to the Demised Premises, as Lessor may elect to make, and to [****] same to prospective purchasers of the Demised Premises or to respective tenants and to place upon the Demised Premises at such places as may be determined by Lessor "for rent" signs or notices during the last one hundred eighty (180) days of the term hereof and Lessee undertakes and agrees that neither Lessee nor any person within Lessee's control will interfere with such signs or notices. Such entry, inspection and repairs, additions, improvements, changes or alterations as Lessor may make on the Demised Premises shall not constitute eviction of Lessee in whole or in part and the rent reserved shall in no way xxxxx while such work is being done by reason of loss or interruption of business of Lessee or otherwise. If Lessee or Lessee's agents or employees shall not be present to permit entry into the Demised Premises at any time and for any reason when entry therein shall be necessary or permissible under this Lease, Lessee or Lessor's beneficiaries or their agents or employees may enter the Premises at same by reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertymeans.

Appears in 1 contract

Samples: Impac Group Inc /De/

Access to Premises. LandlordLandlord and its authorized representatives may, its agentsduring Tenant's normal business hours: (i) inspect the Premises (except for network control rooms and any restricted areas), servants(ii) exhibit the Premises (except for network control rooms and any restricted areas) to current and prospective tenants (during the last one hundred eighty (180) days of the Term only), purchasers, Lenders, insurers, governmental authorities, and brokers, (iii) place in and upon the Premises or such other places as may be determined by Landlord "For Rent" signs or notices if Tenant shall abandon or vacate the Premises, or employees may at any time during the last one hundred eighty (180) days of the Term, and (iv) enter or permit entry to the Premises in emergencies or for any other reasonable purpose, or for the purpose of exercising any other rights or remedies expressly granted or reserved to Landlord under this Lease or applicable Law. However, in connection with entering the Premises to exercise any of the foregoing rights, Landlord shall take reasonable steps to minimize any interference with Tenant's business, and following completion of the work, shall return Tenant's leasehold improvements, fixtures, property and equipment to the original locations and condition to the fullest extent reasonably possible. Landlord shall give Tenant at least twenty-four (24) hours notice (except in the case of an emergency when no such notice shall be required) prior to entering the Premises pursuant to this Article 17. Tenant shall be entitled to provide Landlord with an escort to accompany Landlord or its representatives when Landlord or its representatives enter the Premises at reasonable times with reasonable advance notice pursuant to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyArticle 17.

Appears in 1 contract

Samples: Sharps Compliance Corp

Access to Premises. LandlordLandlord or its authorized designate(s) shall have the right, its agentsat any time and from time to time, servants, or employees may to enter upon the Premises at reasonable times with reasonable advance notice for the purposes of inspecting the same, preventing waste, conducting construction and/or alteration and/or maintenance activities, making such repairs as Landlord may consider appropriate and/or necessary (but without any obligation to Tenant (or an authorized employee of Tenant at the Premisesdo so except as expressly provided for herein), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show showing the Premises to prospective lenders or purchasers andtenants, mortgagees and/or purchasers. If during the ninety (90) days last month of the Term, Tenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may immediately prior enter and alter, renovate and redecorate the Premises without elimination or abatement of Rent or Additional Rent or incurring liability to the expiration of this Lease if Tenant declines to renew for an additional term any compensation or offsets in accordance with the provisions of Rent or Additional Rent and charges owed and such acts shall have no effect upon this Lease. SUBJECT TO FORCE MAJEURE AND SUCH RESTRICTIONS AS LANDLORD MAY REASONABLY IMPOSE, to prospective tenantsAND EXCEPT FOR BONA-FIDE EMERGENCY CIRCUMSTANCES, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post THE PREMISES SHALL BE AVAILABLE FOR TENANT'S ACCESS THERETO TWENTY-FOUR (on the Development24) HOURS PER DAY, but not within or at the entrance of the PremisesSEVEN (7) for sale or for lease signs; provided; howeverDAYS PER WEEK, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the PremisesEVERY DAY OF THE YEAR. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertySUCH CONTINUOUS ACCESS RIGHT SHALL ALSO INCLUDE ACCESS TO THE COMMON AREAS SERVING THE PREMISES AND TO THE PARKING FACILITY SERVING THE BUILDING.

Appears in 1 contract

Samples: Lease (Liquidmetal Technologies)

Access to Premises. Landlord and Landlord, its agents, servants, or employees may ’s agents shall have the right to enter the Premises at reasonable times and in such a manner so as not to unreasonably interfere with reasonable advance notice Tenant’s business to Tenant (examine and inspect the Premises and to show them to prospective lenders, purchasers, or lessees of the Building or Property, and to make such repairs to the Premises as Landlord may deem necessary because of Tenant’s failure to accomplish the same and Landlord shall be allowed to take all material into and upon the Premises that may be required for such purposes without liability in doing so and without the same constituting an authorized employee eviction of Tenant at in whole or in part and the Premises)rent reserved shall not xxxxx while the repairs are being made by reason of loss or interruption of business of Tenant, and at any time, upon reasonable notice to Tenant under or otherwise. During the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety six (906) days immediately months prior to the expiration of the Lease Term, Landlord may exhibit the Premises to prospective tenants or purchasers, and place upon the Premises the notices “For Lease” or “For Sale” which notices Tenant shall permit to remain without molestation. At any time during the Lease, Landlord may exhibit the Premises and Property to prospective lenders or purchasers. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry shall be necessary or permissible, Landlord or Landlord’s agent may enter the same by a master key, or may, if reasonably required, forcibly enter the same, without in any manner affecting the obligations and covenants of this Lease if Tenant declines to renew for an additional term and without incurring any liability in accordance with the provisions of doing so. Nothing in this Lease, however, shall be deemed or construed to prospective tenantsimpose upon Landlord any obligation, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; responsibility or post (on liability whatsoever, for the Developmentcare, but not within maintenance, or at the entrance repair of the Premises) for sale Building or for lease signs; any part of it, except as otherwise specifically provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts give Tenant twenty-four (24) hours prior written notice if Landlord is to minimize interference with enter during nonbusiness hours, except in the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct case of Tenant’s business and/or cause damage to Tenant’s property (and the entry emergencies, where no notice is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyrequired.

Appears in 1 contract

Samples: Lease Agreement

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at 16.01 Upon reasonable times with reasonable advance prior written notice to Tenant (or except in the event of an authorized employee of Tenant at the Premises)emergency, and then at any time), upon reasonable notice Tenant will permit Landlord and its agents access to Tenant under the circumstances, in an emergency, to do Premises during all normal business hours for the following: inspect purpose of examining the Premises; comply with all laws, ordersmaintaining existing pipes and conduits in and through the Premises and making any repairs, ordinances and requirements of any governmental unit alterations or authority for additions which Landlord may be responsible under this Leasedeem necessary for the safety, if any; show preservation or improvement of the Premises or the Building. Landlord will be allowed to prospective lenders or purchasers and, during take all material into the ninety (90) days immediately prior Premises that may be reasonably required for such work and to perform such acts without the expiration of this Lease if Tenant declines to renew for same constituting an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative eviction of Tenant if so requested by Tenant; in whole or post (on the Developmentin part, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, provided Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not unreasonably interfere with the conduct of Tenant’s 's business. The rent will not abate while the repairs, alterations, improvements or additixxx xre being made unless any such repairs (i) extend over a period of more than three (3) consecutive business and/or cause damage to Tenant’s property days; and (and ii) preclude Tenant from conducting its business in a commercially reasonable manner within the entry is not needed because Premises for a period of Tenant’s defaultmore than three (3) consecutive business days, negligence or willful misconduct), then in such event which case fifty percent (50%) of the rent and any sums due and payable as additional rents, Base Rent shall xxxxx be abated in proportion to the extent percentage of the interference and Landlord Premises that cannot be used for Tenant's business in a commercially reasonable manner. Said rent abatement shall be liable for that period beyond three (3) consecutive business days during which Tenant is precluded from using the applicable portion of the Premises for Tenant's business in a commercially reasonable manner as a result of any damage repairs, alterations, improvements or additions being made by Landlord. Notwithstanding anything contained herein to the contrary, in no event shall rent abate if repairs or replacements to the Premises or any othex xxxtion of the Building are necessitated by Tenant’s property's negligence or breach of this Lease.

Appears in 1 contract

Samples: Escrow Agreement (Experience Management LLC)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, ; in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this This Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Ground Lease (VCG Holding Corp)

Access to Premises. LandlordSubject to the provisions of this Paragraph ------------------ 16, its agents, servants, or employees may Landlord reserves and shall have the right to enter the Premises at reasonable times with reasonable advance upon twenty-four (24) hours notice (except in case of emergency, when no notice shall be required) to inspect the same, to supply any service to be provided by Landlord to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencyhereunder, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show submit the Premises to prospective lenders purchasers or purchasers and, (during the ninety last six (906) days immediately prior to months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to only) prospective tenants, but only if to post notices of nonresponsibility, to use and maintain pipes and conduits in and through the Premises and to alter, improve or repair the Premises or any other portion of the Building, all such showings are accompanied by without being deemed guilty of an eviction of Tenant and without abatement of rent. Tenant shall have the right to have a representative of Tenant if so requested by Tenant; accompany Landlord when Landlord enters the Premises (except in case of emergency). Landlord may, for the purpose of altering, improving or post (on repairing the Development, but not within Premises or at the entrance any other portion of the Premises) for sale or for lease signs; provided; howeverBuilding, that all such entries shall be completed promptly in a good workmanlike manner so as to cause erect scaffolding and other necessary structures where reasonably required by the least practical interference to Tenant’s business and Tenant’s use character of the Premiseswork to be performed. In all events, Landlord shall use commercially reasonable efforts where practicable to conduct such entries and activities in a workmanlike manner so as to reasonably minimize interference with Tenant's ability to conduct its business at the Premises and Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with 's business, any loss of occupancy or quiet enjoyment of the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent Premises and any sums due and payable as additional rents, shall xxxxx in proportion to the extent other loss occasioned thereby or arising therefrom. No provision of the interference and Landlord this Paragraph 16 shall be liable for construed as obligating Landlord to perform any damage to Tenant’s propertyrepairs, alterations or decoration not otherwise expressly required of Landlord under this Lease.

Appears in 1 contract

Samples: Lease (Telegen Corp /Co/)

Access to Premises. LandlordSection 17.01. Landlord and its designees shall have the right to enter upon the Demised Premises at all times in the case of an emergency and otherwise upon at least twenty-four (24) hours notice to inspect and examine same, its agentsto make repairs, servantsadditions, alterations, or employees improvements to the Demised Premises, the Building within which the Demised Premises are located or any property owned or controlled by Landlord within such Building. Landlord's rights of entry as aforesaid, and the taking of all property into and upon the Demised Premises that may be required in connection therewith, shall not be considered an eviction of Tenant, in whole or in part, constructive or otherwise, and Landlord shall not be liable to Tenant for any expense, damage, or loss or interruption of the business of Tenant by reason thereof, and the rent reserved hereunder shall continue without abatement during the period of any such entry and while such repairs, alterations, improvements or additions are being made. Landlord or Landlord's designees shall have the right, upon at least twenty-four (24) hours notice, to enter the Demised Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Demised Premises to prospective lenders purchasers, mortgagees or purchasers and, during lessees of the ninety (90) days immediately Demised Premises or building of which the Demised Premises form a part. During the six month period prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm hereof, Landlord may exhibit the Demised Premises to prospective tenantstenants and Landlord may place upon the Demised Premises notices reading, but only if all such showings are accompanied by a representative "To Let" or "For Rent", which notices Tenant shall allow to be posted conspicuously without molestation. If Landlord, in the exercise of Tenant if so requested by its rights under this Article 17, shall unreasonably interfere with Tenant; or post (on the Development, but not within or at the entrance 's occupancy of the PremisesDemised Premises and such interference results in Tenant being unable to use the Demised Premises for the purposes set forth in Section 2.01 hereof for three (3) consecutive days, then all annual minimum rent and all additional rent payable pursuant to Section 7.03, Article 12 and Article 14 shall xxxxx from the date on which such interference resulted in Tenant being unable to use the Demised Premises for sale the purposes set forth in Section 2.01 hereof until the earlier of the date on which Tenant resumes, or for lease signs; provided; howeveris again able to resume, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with Demised Premises for the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then purposes set forth in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertySection 2.01 hereof.

Appears in 1 contract

Samples: Lease (Microframe Inc)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times with reasonable advance notice in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder, (iii) show the Premises to current and prospective Lenders, insurers, purchasers, tenants, brokers and governmental authorities, (iv) decorate, remodel or an authorized employee of alter the Premises if Tenant at shall abandon the Premises), and Premises at any time, upon or shall vacate the same during the last 120 days of the Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Paragraph (C) below, or exercise other rights of Landlord under this Lease or applicable Laws. However, Landlord shall: (a) provide reasonable advance written or oral notice to Tenant under the circumstancesTenant's onsite manager or other appropriate person (except for cleaning and ordinary maintenance and except in emergencies), in an emergency(b) take reasonable steps to minimize any significant disruption to Tenant's business, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements following completion of any governmental unit or authority for which Landlord may be responsible under this Leasework, if any; show the Premises to prospective lenders or purchasers andreturn Tenant's leasehold improvements, during the ninety (90) days immediately prior fixtures, property and equipment to the expiration of this Lease if Tenant declines original locations and condition to renew for an additional term in accordance with the provisions of this Leasefullest extent reasonably possible, and (c) take reasonable steps to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; avoid materially changing the configuration or post (on reducing the Development, but not within or at the entrance square footage of the Premises) for sale , unless required by Laws or for lease signs; provided; howeverother causes beyond Landlord's reasonable control (and in the event of any permanent material reduction, that all such entries the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be completed promptly proportionately reduced). Tenant shall not place partitions, furniture or other obstructions in a good workmanlike manner so as the Premises which may prevent or impair Landlord's access to cause the least practical interference to Tenant’s business Systems and Tenant’s use of Equipment for the Property or the systems and equipment for the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s If Tenant requests that any such access occur before or after Landlord's regular business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 1 contract

Samples: Office Lease (Purchasesoft Inc)

Access to Premises. LandlordWithout limiting any other rights Landlord may have pursuant hereto or at law, its agents, servants, or employees may Landlord shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at Premises, including the Premises)building, and at any timetime for any of the following purposes: (i) to examine the Premises and to perform any maintenance, upon reasonable notice repairs or alterations to Tenant under any part of the circumstances, Premises or to any equipment and services serving the Premises or any other part of the Project; (ii) in an cases of emergency, ; (iii) to do read any utility or other meters; (iv) during the following: inspect last twelve (12) months of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; Term to show the Premises to prospective lenders or purchasers andtenants and to permit prospective tenants to make inspections, measurements and plans; and (v) at any time during the ninety (90) days immediately prior Term to show the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, Premises to prospective tenantspurchasers or lenders. Landlord shall have the right to run through the Premises conduits, wires, pipes, ducts and other elements of any systems for utilities, heating, ventilating, air-conditioning and humidity control, telephone and other communications systems and any other such systems to serve the Premises or the Project. Landlord shall exercise its rights pursuant to this section 17.5 in such manner and at such times as Landlord, acting reasonably but only in its sole discretion, shall determine. At any time that entry by Landlord is desired in case of emergency, and if all such showings are accompanied by a representative no personnel of Tenant if so requested are known by Tenant; or post (Landlord to be present on the Development, but not within Premises or if such personnel fail for any reason to provide Landlord immediate access at the entrance of the Premises) for sale or for lease signs; provided; however, that all time such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsentry is desired, Landlord shall use commercially reasonable efforts to minimize interference with may forcibly enter the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause without liability for damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertycaused thereby.

Appears in 1 contract

Samples: Ace Hardware Corp

Access to Premises. LandlordThe provisions of Section 7(d) of the Original Lease are amended and restated in their entirety as follows: Subject to an event of casualty or condemnation or force majeure (provided Landlord shall at all times use commercially reasonable efforts to provide such access despite such conditions), its agentsLandlord shall provide Tenant with access to the Premises, servantsthe Building and the Parking Garage twenty-four (24) hours a day, seven (7) days a week; provided, however, that (i) Landlord may temporarily restrict access to the Premises, the Building and the Parking Garage as reasonably necessary to repair or employees may enter maintain the Premises Building or any Building systems (including, but not limited to, one 12-hour interruption each year for Building and systems maintenance upon prior written notice at reasonable times with reasonable advance notice least thirty (30) days prior to Tenant (or an authorized employee such scheduled shutdown, provided that to the extent commercially practicable Landlord will schedule such work during non-Business Hours and will coordinate the scheduling of Tenant at any such work if it must occur during Business Hours in a manner that does not materially adversely affect Tenant's business from the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which (ii) Landlord may be responsible under this Lease, if any; show establish reasonable and nondiscriminatory regulations for the exercise of access to the Premises to prospective lenders during non-Business Hours (as long as access is not unreasonably restricted during such hours), for the safety of the tenants or purchasers and, during occupants of the ninety (90) days immediately prior Building or for the protection of the Building. In the event Tenant is precluded from access to the expiration Premises for three (3) consecutive business days not the result of this Lease if Tenant declines a casualty or condemnation or force majeure (subject to renew for an additional term in accordance with the provisions of this Lease, Landlord's obligations to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with provide such access despite such condition), and as a result Tenant is unable to access and use the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconductportion affected), then in such event the rent Base Rent and any sums due applicable Expense Adjustment Amount and payable as additional rentsTax Adjustment Amount for the Premises (or if only a portion of the Premises is affected, for such portion) shall xxxxx be abated commencing on the first day following the third (3rd) consecutive business day of such preclusion until access has been restored. Notwithstanding the foregoing, [A] in proportion the event that Tenant is precluded from access to more than fifty percent (50%) of any floor included in the Premises, it shall be deemed that Tenant is precluded from access to the extent entire floor; and [B] if Tenant is precluded from access to more than fifty percent (50%) of the interference and Landlord Premises, then it shall be liable for any damage deemed that Tenant is precluded from access to Tenant’s propertythe entire Premises. Landlord will take all commercially reasonable efforts to restore all access as soon as practicable.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

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Access to Premises. Landlord and Landlord, its ’s agents, servants, or employees and contractors may enter the Premises at reasonable times with reasonable advance (including during normal business hours) on50 notice to Tenant (for the purpose of cleaning, inspecting, altering, improving and repairing the Premises or an authorized employee other parts of the Building and ascertaining compliance with the 47 ; provided, that the failure of Tenant to make such immediate notification shall not make Tenant liable for any damage resulting from such water intrusion/loss, unless Tenant would otherwise be liable for such damage under the other provisions of this Lease 48 ; provided, however, that the foregoing items (c) through (g), inclusive shall not apply to the installation or movement within the Premises, by or at the Premises)direction of Tenant, and of Tenant’s modular furniture, computers, equipment, wires, lines, cabling or similar connections, trade fixtures, partitions or other personal property located or to be located within the Premises that do not (x) require modification to the Building, (y) affect the structure of the Building, or (z) require the addition of, or connection to, any pipe, line, wire, conduit or related facility for water, electricity, natural gas, sewer or other utility 49 , excepting only claims caused by the Indemnified Causes 50 at any time, upon reasonable notice least twenty-four (24) hours’ provisions of this Lease by Tenant51. Landlord shall have free access to Tenant under the circumstances, Premises in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which . Landlord may be responsible under this Lease, if any; also show the Premises to prospective lenders purchasers, tenants52 or purchasers andmortgagees at reasonable times. Tenant waives any claim for any damage, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Leaseinjury or inconvenience to, to prospective tenantsor interference with, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use business, occupancy or quiet enjoyment of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and other loss occasioned by such entry, unless caused by Landlord’s willful misconduct or gross negligence. Landlord shall at all times have a key with which to unlock all of the doors in the Premises (excluding Tenant’s business operations thereon. If Landlord’s entry materially vaults, safes and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconductsimilar areas designated in writing by Tenant in advance), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Office Lease (CHG Healthcare Services, Inc.)

Access to Premises. Landlord, its agents, servants, or employees may enter Landlord shall have access to the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises)with, and at any timeexcept in emergencies, upon reasonable notice to Tenant under the circumstancesand in compliance with Tenant’s confidentiality, in an emergency, to do the followingsecurity and health and safety protocols to: (a) inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show (b) exhibit the Premises to prospective purchasers, lenders or purchasers andtenants; (c) determine whether Tenant is complying with its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant hereunder; (e) post notices of non-responsibility; (f) make repairs required of Landlord hereunder or repairs to any adjoining space or utility services or make repairs, during the ninety (90) days immediately prior alterations or improvements to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance any other portion of the Premises) for sale or for lease signs; Project, provided; , however, that all such entries work shall be completed promptly done in a good workmanlike manner so as commercially reasonable and prompt manner, or (g) exercise any of its rights hereunder including, without limitation, its cure rights under Section 17.1. Landlord may, in order to cause carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the least practical interference to Tenant’s business and Tenant’s use character of the Premiseswork to be performed, and during the course of work being performed keep and store upon the Premises all necessary material, supplies, and equipment, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. In all eventsFor each of the aforesaid purposes, Landlord shall use commercially reasonable efforts at all times have and retain a key with which to minimize interference with unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, if any. No additional locks shall be placed by Tenant upon any doors in the Premises and if more than two keys for any lock are desired, such additional keys shall be paid for by Tenant’s business operations thereon. If All keys shall be duplicated only by Landlord’s , and under no circumstance shall Tenant cause any key to be duplicated. Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency or in re-taking possession in order to obtain entry materially and substantially interferes with to the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultPremises, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rentsentry to the Premises obtained by Landlord by any of said means, or otherwise, shall xxxxx in proportion not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the extent Premises, or an eviction of Tenant from the interference Premises or any portion thereof, and Landlord any damages caused on account thereof shall be liable for any damage to paid by Tenant’s property.

Appears in 1 contract

Samples: Lease Agreement (Twist Bioscience Corp)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at ducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and at any timemortgagee of the Building or the Building and land or of the interest of Landlord therein, upon reasonable notice and any lessor under any underlying lease, and their representatives, to Tenant under the circumstanceshave free and unrestricted access provided that Landlord abides by Tenant’s confidentiality requirements, except in an emergency, to do and to enter upon the following: inspect Premises at all reasonable hours for the Premises; comply purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders, ordinances orders and requirements of governmental or other authority or of exercising any governmental unit right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or authority for which Landlord may be responsible under this Leaseimprovements or while performing work and furnishing materials in connection with compliance with any such laws, if anyorders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment, provided that such storage does not materially adversely affect Tenant’s access to or the use and occupancy of the Premises); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective lenders mortgagee, purchaser, or purchasers andassignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance last month of the Premises) for sale Term, Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage property therefrom, Landlord may immediately enter and alter, renovate and redecorate the Premises, without elimination or abatement of rent, or incurring liability to Tenant’s property (Tenant for any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises at any time when for any reason an entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or, in the event of an emergency, may forcibly enter the same, without rendering Landlord or such agents liable for any damage therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Landlord shall exercise its rights of access to the Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the Premises, provided, however, that Landlord shall not be required to incur any overtime labor charges therefor. Any entry by Landlord under this Section 17.2 shall be subject to the provisions of Section 2.3 hereof.

Appears in 1 contract

Samples: Foundation Medicine, Inc.

Access to Premises. Section 14.1 (A) Landlord, its or Landlord's agents, servants, or employees may shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or in an authorized employee of Tenant at the Premises)emergency, and at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Landlord may deem reasonably necessary or desirable to any portion of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Premises following Tenant's failure, after the expiration of any notice and/or grace period provided under this Lease, if any; show or promptly in the event of an emergency, respectively, as the case may be, to make repairs or perform any work which Tenant is obligated to perform under this Lease, or for any other reasonable purpose. Tenant shall permit Landlord to use, maintain and replace pipes and conduits in and through the Premises and to prospective lenders erect new pipes and conduits therein, provided such new pipes and conduits are, to the extent practicable, within the walls, above the ceiling or purchasers andbelow the finished floor or, if not practicable, then "snug" to columns or ceilings whenever practicable as will not materially interfere with or impair Tenant's layout or use of the Premises or detract from the appearance thereof. Landlord may, during the ninety (90) days immediately prior progress of any work in the Premises, take all necessary materials and equipment into the Premises without the same constituting an eviction nor shall the Tenant be entitled to the expiration any abatement of Rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise; provided, however, no such exercise of this Lease if Tenant declines right by Landlord shall unreasonably impair Tenant's access to, or otherwise unreasonably or materially interfere with Tenant's ability to renew for an additional term in accordance with use the provisions Premises as contemplated by this Lease, subject, however to Section 14.2 and 25.2 of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Paine Webber Group Inc

Access to Premises. Section 14.1 (A) Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain, concealed ducts, pipes and conduits in and through the Premises, and Landlord agrees to use reasonable efforts to minimize any such activity so as not to disrupt Tenant's business operations. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice to Tenant (or an authorized employee except in case of Tenant at the Premisesemergency), and at any time, upon reasonable which notice to Tenant under the circumstances, in an emergencymay be oral, to do examine the following: inspect same, to show them to prospective purchasers, Mortgagees or lessees of the Premises; comply with all lawsBuilding or space therein, ordersand to make such repairs, ordinances and requirements alterations, improvements or additions (i) as Landlord may deem necessary to the Premises or to any other portion of any governmental unit the Building, or authority for (ii) which Landlord may be responsible elect to perform following ten (10) days after notice following Tenant's failure to make or commence making and thereafter diligently prosecute to completion repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with all Requirements and Insurance Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders or purchasers and, during that may be required therefor without the ninety (90) days immediately prior to the expiration same constituting a breach by Landlord of this Lease if Tenant declines to renew for an additional term in accordance with the any provisions of this Lease, to prospective tenantsa breach of Tenant's quiet enjoyment, but only if all such showings are accompanied by a representative an eviction or constructive eviction of Tenant if so requested by Tenant; in whole or post (on the Developmentin part, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct release of Tenant’s business and/or cause damage 's obligations to Tenant’s property pay Fixed Rent, Escalation Rent, or any item of Rental, and the Fixed Rent, Escalation Rent (and the entry is not needed because any other item of Rental) shall in no wise abatx xxxle said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyotherwise.

Appears in 1 contract

Samples: Agreement of Lease (Net2000 Communications Inc)

Access to Premises. Landlord or Landlord, its agents, servants, or employees may ’s agents shall have the right to enter the Premises at all reasonable times times, with reasonable advance notice (not less that 48 hours advance notice to Tenant), to examine the same and to show them to prospective purchasers, mortgagees, Tenants or tenants of Landlord, or to public officials lawfully having an interest therein, or to make such decorations, repairs, alterations, improvements or additions as Landlord may reasonably deem necessary or desirable or to close entrances, doors, corridors or other facilities. Landlord, Tenant and all other tenants in the Building and their respective guests, invitees and employees shall have ingress and egress to and from all common public areas of the Building, provided that (or an authorized employee i) Landlord has the right, under reasonable regulations, to regulate and control such guests, invitees and employees with respect to such access and the days and hours of Tenant at access, and (ii) all Common Areas and facilities not within the Premises), which Tenant may be permitted to use and occupy, are to be used and occupied under a revocable license, and at if the amount of such areas is diminished, Landlord shall not be subject to any timeliability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, upon reasonable notice nor shall such diminution of such areas be deemed constructive or actual eviction. In exercising is right of access to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply , Landlord agrees to take reasonable precautions to minimize interference with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business operations and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Lease Agreement (Insys Therapeutics, Inc.)

Access to Premises. SECTION 14.1 Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises, provided such work is performed by Landlord in a manner so as to minimize any interference that might be occasioned to Tenant's business operations and to minimize any damage that might result to the Premises, Tenant's Alterations or employees may Tenant's Property. Landlord shall promptly repair any damage to the Premises, Tenant's Alterations or Tenant's Property caused by any work performed by Landlord pursuant to this Article 14; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, unless Tenant shall first pay to Landlord as Additional Rent Landlord's reasonable estimate of any excess costs and expenses incurred by Landlord in employing such overtime or premium rate labor, and shall thereafter reimburse Landlord for any additional costs and expenses incurred by Landlord in excess of such estimated amount. Landlord or Landlord's agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to Tenant (examine the same, to show them to prospective purchasers, Mortgagees, Lessors or an authorized employee lessees of Tenant at the Building and their respective agents and representatives or prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (b) which Landlord may be responsible elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premisesc) for sale or for lease signs; provided; howeverthe purpose of complying with Legal Requirements, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and, except as and to the extent provided in Section 5.4, Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant’s property, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Abovenet Communications Inc)

Access to Premises. Landlord17.1 Landlord reserves, its agentsfor itself and any designated agent, servantsrepresentative, employee or employees may contractor, the right to enter the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee and, except in cases of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, after giving Tenant reasonable notice: (a) to do the following: inspect the Premises; comply , (b) to determine whether Tenant is complying with all laws, orders, ordinances and requirements the terms of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; (c) to show the Premises to prospective lenders or purchasers andpurchasers, mortgagees or, during the ninety (90) days immediately prior to last year of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions Term of this Lease, to prospective tenants, but only if all such showings are accompanied (d) to post notices of nonresponsibility, and (e) to alter, improve or repair the Premises and any portion of the Building, without the abatement of Base Rent or Additional Charges, and may for that purpose erect, use and maintain necessary structures in and through the Premises where reasonably required by a representative the character of Tenant if so requested by Tenant; or post (on the Developmentwork to be performed, but not within or at provided that the entrance to the Premises shall not be blocked thereby, and further provided that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned thereby. Tenant agrees that 24 hours notice shall be deemed reasonable notice under this Section 17.1. Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon and about the Premises (excluding Tenant's vaults or safes). Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open said doors in an emergency in order to obtain entry to any portion of the Premises) for sale , and any entry to the Premises or for lease signs; provided; howeverportions thereof obtained by Landlord by any of said means, that all such entries or otherwise, shall not under any circumstances be completed promptly in construed or deemed to be a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of forcible or unlawful entry into, or detainer of, the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with or an eviction, actual or constructive, of Tenant from the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence premises or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyportion thereof.

Appears in 1 contract

Samples: Commercial Lease (Montgomery Realty Group Inc)

Access to Premises. Section 14.1 (A) Tenant shall permit Landlord, its Landlord’s agents and public utilities servicing the Building to erect, use and maintain, ducts, pipes and conduits in and through the Premises provided the same are reasonably concealed behind walls, below floors or above ceilings. Landlord or Landlord’s agents, servantssubject to Landlord’s compliance with Tenant’s reasonable security requirements, or employees may shall have the right to enter the Premises at all reasonable times with upon such reasonable advance prior notice to Tenant (or an authorized employee but in no event less than 24 hours except in case of Tenant at the Premises), and at any time, upon reasonable notice to Tenant emergency) as may be practicable under the circumstances, in an emergencywhich notice may be oral, to do examine the following: inspect the Premises; comply with all lawssame, ordersto show them to prospective purchasers, ordinances Mortgagees or Lessors, and requirements of any governmental unit to make such repairs, alterations, improvements or authority for which additions (i) as Landlord may be responsible deem reasonably necessary to the Premises or to any other portion of the Building, or (ii) which (subject to the provisions of Section 4.4 hereof) Landlord may elect to perform following ten (10) days after notice following Tenant’s failure to make or commence making and thereafter diligently prosecute to completion repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with all Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders or purchasers and, during the ninety that may reasonably be required therefor (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries provided same shall be completed promptly neatly stored in a good workmanlike manner so as to cause the least practical interference to Tenant’s business an area reasonably designated by Tenant and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not interfere with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and business) without the entry is not needed because same constituting a breach by Landlord of any provisions of this Lease, a breach of Tenant’s defaultquiet enjoyment, negligence an eviction or willful misconduct)constructive eviction of Tenant in whole or in part, then or a release of Tenant’s obligations to pay Fixed Rent, Escalation Rent, or any item of Rental, and except as expressly provided in such event Section 14.3 hereof, the rent Fixed Rent, Escalation Rent (and any sums due and payable as additional rentsother item of Rental) shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. The foregoing notwithstanding, at the time Landlord shall xxxxx in proportion request entry to the extent of Premises, Tenant may request that Landlord or Landlord’s employees, agents, contractors or designees enter the interference Premises at a reasonable time other than the time proposed by Landlord, and Landlord shall be liable for any damage make a reasonable effort to Tenant’s propertyaccommodate such request.

Appears in 1 contract

Samples: Agreement of Lease (Kbw, Inc.)

Access to Premises. Landlord, Landlord and its agents, servants, or employees may authorized designees shall have the right to enter upon the Premises during regular business hours (and in emergencies at all times) for all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do purposes including the following: (i) to inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show exhibit the Premises to prospective lenders purchasers, mortgagees and tenants; (ii) to erect, use, maintain and/or repair pipes, cables, conduits, plumbing, vents, wires and/or utility equipment in, upon, above or purchasers andunder the Premises as may be necessary for the servicing of the Premises and/or other portions of the Building or Office Building and/or for adding or removing equipment or other special facilities of utilities with respect to space leased to other tenant(s); and (iii) to make any repairs, additions, alterations or improvements to or on the Premises or Building as Landlord may deem necessary. Nothing herein shall be deemed to impose upon Landlord a duty to do any work that Tenant is required to perform under any provision of this Lease, and the performance thereof by Landlord shall not constitute a waiver of tenant's default in failing to perform the same. In connection with Landlord's exercise of Access Rights, (i) Landlord shall in no event be liable for any inconvenience, disturbance, loss of business or other damages to Tenant, (ii) Obligations of Tenant under this Lease shall not thereby be affected nor shall the same constitute grounds for any abatement of rent or declaration of a constructive eviction; (iii) Landlord shall use all reasonable efforts not to interfere with Tenant's business in the Premises, but in no event shall Landlord be required to incur any additional expenses for work to be done other than during regular business hours; and (iv) Landlord shall not enter the ninety Premises without a representative of the Tenant present unless an emergency or casualty occurs. During the period commencing twelve (9012) days immediately months prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions Term (or of this any Option Term as the case may be), Landlord may place upon the exterior of the Premises "For Lease," "To Let" or "For Rent" signs of reasonable size, to prospective tenantswhich shall not be removed, but only if all such showings are accompanied by a representative of Tenant if so requested damaged, defaced or hidden by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Lease Agreement (Central Jersey Bancorp)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice Subject to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this subsection, (i) Landlord and its authorized agents shall have free access to the Premises at any and all reasonable times for customary services (such as regular janitorial services and other services that Landlord is required to perform on a regular basis pursuant to this Lease), and (ii) Landlord and its authorized agents shall have the right, upon not less than one (1) business days’ advance written notice to Tenant, to prospective tenantsenter the Premises during Normal Building Hours (1) to perform non-customary services (such as non-emergency repairs), but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on 2) to inspect the Developmentsame, but not within or at and (3) for the entrance purposes pertaining to the rights of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business Landlord under this Lease. Landlord and Tenant’s use of the Premises. In all events, Landlord its authorized agents shall use commercially reasonable efforts to minimize any interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct operation of Tenant’s business and/or cause damage from the Premises during any such entry, and any entry to Tenant’s property the Premises permitted by this subsection shall be subject to such security procedures (including, without limitation, identification, sign-in, confidentiality, and the entry escorting) as Tenant may reasonably require, provided, however, if a representative of Tenant is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion present to permit an entry to the extent Premises permitted by this subsection, Landlord and its authorized agents may nevertheless enter the Premises pursuant to this subsection. During the last nine (9) months of the interference term of this Lease (as may have been extended) Landlord may show the Premises to prospective lessees during Normal Building Hours, upon at least one (1) business day’s advance written notice to Tenant and accompanied by Tenant or its agent. Notwithstanding the foregoing, Landlord shall be liable for have no right to enter into any damage secure areas of the Premises unless accompanied by an agent or employee designated by Tenant (whom Tenant agrees to Tenant’s propertymake available). landlord shall require that cleaning and security contracts include a requirement that the contractors obtain background investigations on all personnel prior to such persons’ accessing any portion of the Premises.

Appears in 1 contract

Samples: Office Lease (Alliance Data Systems Corp)

Access to Premises. Landlord or Landlord, its agents, servants, or employees may 's agents shall have the right (but shall not be obligated) to enter the Demised Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and in any emergency at any time, upon and, at other reasonable times after giving reasonable notice, to examine the same and to make such repairs, replacements and improvements as Landlord may reasonably deem necessary and reasonably desirable to any portion of the Building or which Landlord may elect to perform in the Demised Premises after Tenant's failure, after the giving of notice and the expiration of any applicable cure period, to make repairs or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Landlord shall perform any work using all reasonable efforts to minimize interference and interruption with Tenant's occupancy and the conduct of its business in the Demised Premises. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Demised Premises and to erect new pipes and conduits therein provided the same does not, in more than a de-minimus manner, reduce the area of the Demised Premises or ceiling heights. Landlord may, during the progress of any work in the Demised Premises, take all necessary materials and equipment into the Demised Premises without the same constituting an actual or constructive eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Landlord shall have the right to enter the Demised Premises at reasonable hours-after giving reasonable notice for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last nine (9) months of the term for the purpose of showing the same to prospective tenants and may, during said nine (9) months period, place upon the Building the usual notices "To Let" and "For Sale" which notices Tenant under shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the circumstancesDemised Premises, Landlord or Landlord's agents may enter the same whenever such entry may be necessary or permissible by master key or, in the case of an emergency, forcibly and provided reasonable care is exercised to do safeguard Tenant's property, such entry shall not render Landlord or its agents liable therefore, nor in any event shall the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative obligations of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall hereunder be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premisesaffected. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in 's occupancy when exercising such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyaccess rights.

Appears in 1 contract

Samples: Office Lease (Fusion Telecommunications International Inc)

Access to Premises. Landlord, Tenant agrees to permit Landlord and/or its agents, servants, or employees may authorized representatives to enter the Premises at all times during usual business hours on reasonable times with reasonable advance written notice to Tenant for the purpose of inspecting the same. Tenant further covenants and agrees that Landlord or any person authorized by Landlord may enter upon the Premises during normal business hours, or after hours (or an authorized employee of Tenant at the Premiseswith appropriate security measures), and at in order to make any time, upon reasonable necessary repairs to the Premises or perform work therein (provided that prior written notice has been given to Tenant under the circumstances, in an emergency, and such repairs have been approved by Tenant): (i) which may be necessary to do the following: inspect the Premises; comply with all any laws, ordersordinances, ordinances and requirements rules or regulations of any governmental unit public authority, insurance agency or authority for any similar body; (ii) which Landlord may be responsible under this Lease, if any; show deem necessary to prevent waste or deterioration in connection with the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines does not make those repairs which are its responsibility hereunder following written demand from Landlord; (iii) which may be necessary in an emergency situation; or (iv) which Landlord may deem necessary in the course of performing any remodeling, construction or other work in any portion of the Building, including without limitation the Premises of another tenant, adjacent to, above, or below the Premises. Nothing herein contained shall imply any duty on the part of Landlord to renew for an additional term in accordance with the provisions do any such work which, under any provision of this Lease, Tenant may be required to prospective tenantsdo, but only if all such showings are accompanied by nor shall it constitute a representative waiver of any Tenant if so requested by Tenant; or post (on default in failing to do the Developmentsame. Notwithstanding anything contained in this Section to the contrary, but not within or at the entrance in any entry of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord and its employees and contractors shall use exercise good faith, commercially reasonable efforts to minimize any interference with with, or disturbance to Tenant or the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct operation of Tenant’s business and/or cause damage to Tenant’s property (and in the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyPremises.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Obagi Medical Products, Inc.)

Access to Premises. LandlordLessor shall provide Lessee with access to the Premises as reasonably necessary to allow Lessee to develop, construct, own, operate and maintain the Facility as contemplated herein, including ingress and egress rights to the Premises for Lessee, its Affiliates and any employees, agents, servantsrepresentatives, subcontractors, Lenders, investors, potential Lenders or employees may enter potential investors, regulators and other designees of any of the foregoing and any local electric utility personnel, and access to the Facility to interconnect the Facility with the local electrical grid. Lessor grants Lessee all ingress and egress rights of way to the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee as necessary for the design, construction, operation and maintenance of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, Facility during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance Term of the Premises) for sale or for lease signs; provided; however, that all Lease. Lessor shall provide such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with space on the Premises and Tenant’s business operations thereonaccess as is reasonably requested by Lessee for laydown, for the temporary storage and staging of tools, materials, parts, supplies and equipment, for rigging and material handling, for the parking of vehicles and temporary trailers and facilities and for erecting an office or other structure, in each case as reasonable necessary or convenient for the development, construction, ownership, operation, and maintenance of the Facility or any portion thereof. If Landlord’s entry materially Lessor will identify specific areas for storage, staging, and substantially interferes with parking use by the conduct of Tenant’s business and/or cause damage to Tenant’s property (Lessee and its Affiliates. Lessor and its authorized representatives shall at all times have access to, and the entry right to observe, the development, construction, ownership, operation and maintenance of the Facility on the Premises, subject to compliance with Xxxxxx’s safety rules. Notwithstanding anything in this Lease to the contrary, Xxxxxx acknowledges that Xxxxxx currently operates, and intends to operate during the Term, a working business ( “Lessor’s Operations”) on the land immediately adjacent to the Premises and a portion of the Premises that is not needed because used to develop and build the Facilities. The Facilities and Xxxxxx’s Operations will be separated via a fence. Both Lessor and Lessee agree at all times to minimize its interference with and/or interruption of Tenanteach other’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyactivities.

Appears in 1 contract

Samples: Solar Site Option & Lease Agreement

Access to Premises. LandlordTenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, its agents, servants, or employees may enter windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto at reasonable times during Regular Hours on Business Days upon reasonable prior notice (except in the case of an emergency or to comply with reasonable advance notice applicable law (which compliance requires immediate access to Tenant (avoid a health or an authorized employee of Tenant at life safety concern or to avoid a penalty or to avoid damage to the PremisesBuilding), and in which events Landlord may access the Premises at any time, upon reasonable notice to Tenant under with or without notice) through the circumstancesPremises for the purposes of operation, in an emergencymaintenance, to do the following: inspect the Premises; comply with all laws, orders, ordinances alteration and requirements repair. The method of installation and location of any governmental unit pipes or authority for which Landlord may wiring to be responsible under this Lease, if any; show installed within the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries and benefiting another tenant shall be completed promptly in a good workmanlike manner so as to cause the least practical interference subject to Tenant’s business and Tenant’s use approval, not to be unreasonably withheld, conditioned or delayed. Any piping or conduit shall, to the extent feasible, be installed along the ceiling, existing walls or existing columns. After the installation of the Premises. In all eventsany such pipes or wiring, Landlord shall restore or repair so much of the Premises affected by the installation. Landlord shall, upon any entry into the Premises, use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct operation of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultbusiness, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and provided however that Landlord shall not be liable for any damage obligated to Tenant’s propertyuse overtime labor or incur additional costs in connection with such efforts.

Appears in 1 contract

Samples: Office Lease (PCI Media, Inc.)

Access to Premises. Landlord and Landlord, its agents, servants, ’s agents and the agents of any Fee Mortgage lender or employees may Leasehold Mortgage lender shall have the right to enter the Premises at reasonable times and in such a manner so as not to interfere with reasonable advance notice to Tenant (the use of the Premises or an authorized employee the conduct of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstancesbusiness or operations on them, in an emergency, order to do the following: examine and inspect the Premises; comply with all laws, orders, ordinances Premises and requirements of any governmental unit or authority for which Landlord may be responsible (when allowed under this Lease) to show them to prospective purchasers or tenants, if any; show and to make such repairs to the Premises as Landlord may deem necessary because of Tenant’s failure to prospective lenders accomplish necessary repairs or, with respect to lenders, to gain access to any collateral in which the lender has a security interest of any kind, all without such entry constituting an eviction in whole or purchasers andin part, during and the ninety rent reserved shall not xxxxx while such repairs are being made. During the six (906) days immediately months prior to the expiration of this the Lease if Tenant declines Term, Landlord may exhibit the Premises to renew for an additional term in accordance with prospective tenants or purchasers, and place upon the provisions of this Premises the notices “For Lease” or “For Sale.” At any time during the Lease, Landlord may exhibit the Premises to prospective tenantspurchasers. Nothing in the foregoing provisions however, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; shall be deemed or post (on construed to impose upon Landlord any obligation, responsibility, or liability whatsoever, for the Developmentcare, but not within maintenance, or at the entrance repair of the Premises) for sale Premises or for lease signs; any part of them, except as otherwise specifically provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts give Tenant not less than twenty-four (24) hours prior written notice if Landlord is to minimize interference with enter during nonbusiness hours, except in the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct case of Tenant’s business and/or cause damage to Tenant’s property (and the entry emergencies where no notice is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyrequired.

Appears in 1 contract

Samples: Ground Lease Agreement

Access to Premises. Section 14.1 Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises, provided that such use shall not reduce the usable square footage of the Premises by an amount in excess of one percent (1%) of the rentable square footage of the Premises. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to Tenant (examine the same, to show them to prospective purchasers, Mortgagees, Lessors or an authorized employee lessees of Tenant at the Building and their respective agents and representatives or prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (b) which Landlord may be responsible elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premisesc) for sale or for lease signs; provided; howeverthe purpose of complying with Legal Requirements, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant’s property, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Fibernet Telecom Group Inc\)

Access to Premises. LandlordShoring. Tenant shall: (a) permit Landlord to erect, its agentsuse and maintain pipes, servantsducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or employees may adversely affect (other than in a de minimis manner) the appearance thereof; (b) upon reasonable prior oral or emailed notice (except that only such notice, if any, as is reasonably practical shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and Land or of the interest of Landlord therein, and any lessor under any ground or underlying lease, and their representatives, to have access to and to enter upon the Premises at all reasonable times hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with reasonable advance notice all Legal Requirements or of exercising any right reserved to Tenant Landlord by this Lease (including the right during the progress of any such repairs, replacements or an authorized employee improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (c) permit Landlord upon reasonble prior oral or emailed notice, to show the Premises during ordinary business hours to any existing or prospective mortgagee, ground lessor, space lessee, purchaser, or assignee of Tenant at any mortgage, of the Premises)Building or of the Building and the land or of the interest of Landlord therein, and at any timeduring the period of twelve (12) months next preceding the Expiration Date, upon reasonable prior oral or emailed notice of at least twenty-four (24) hours (or such shorter notice if Tenant has consented) to Tenant under any person contemplating the circumstances, leasing of the Premises or any part thereof. Except in the event of an emergency, Tenant shall have the right to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by have a representative of Tenant if so requested by Tenant; or post (accompany Landlord on any such entry into the Development, but not within or at the entrance laboratory portions of the Premises provided that Landlord’s entry is not delayed as a result thereof. If, during the last month of the Term, Tenant shall have removed all or substantially all of Tenant’s property therefrom, Landlord may enter and alter, renovate and redecorate the Premises) , without elimination or abatement of rent, or incurring liability to Tenant for sale or any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises at any time when for lease signs; provided; however, that all such entries any reason an entry therein shall be completed promptly necessary or permissible, Landlord or Landlord’s agents may (i) enter the same by a master key, or (ii) in a good workmanlike manner so as circumstances which can reasonably be considered to cause be an emergency and provided that there is no other reasonable means of timely entry into the least practical interference Premises, forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s business property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Landlord shall incur no additional expense thereby, Landlord shall exercise its rights of access to the Premises permitted under any of the terms and provisions of this Lease in such manner as to minimize to the extent practicable interference with Tenant’s use and occupation of the Premises. In all events, Landlord If an excavation shall use commercially reasonable efforts be made upon land adjacent to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage or shall be authorized to Tenant’s property (and the entry is not needed because of Tenant’s defaultbe made, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, Tenant shall xxxxx in proportion afford to the extent person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as said person shall deem necessary to preserve the interference Building from injury or damage and Landlord shall be liable to support the same by proper foundations without any claims for any damage to Tenant’s propertydamages or indemnity against Landlord, or diminution or abatement of rent.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Gritstone Bio, Inc.)

Access to Premises. LandlordLandlord and its agents and representatives shall have the right to enter into and upon any and all parts of the Premises (a) to inspect or examine the Premises; (b) to determine the course and degree of completion of Tenant’s Work and its compliance with Tenant’s Plan (as defined in Section 54) and the terms of conditions of this Lease; (c) to perform any obligation of Landlord under this Lease or exercise any right or remedy reserved to Landlord under this Lease; (d) to erect, its agentsinstall, servantsuse and maintain pipes, ducts and conduits in and through the Premises; (e) to make such decorations, repairs, alterations, improvements or additions, or employees to perform such maintenance, including, but not limited to, the maintenance of all heating, air conditioning, ventilating, elevator, plumbing, electrical, telecommunication and other mechanical facilities, as Landlord may enter deem necessary or desirable; (f) to take all materials into and upon the Premises that may be required in connection with any such decorations, repairs, alterations, improvements, additions or maintenance; (g) to alter, renovate and decorate the Premises at any time during the Lease Term if Tenant shall have removed all or substantially all of Tenant’s property from the Premises; (h) to show the Premises to prospective tenants within the last eight (8) months of the Lease Term; and (i) to show the Premises to prospective purchasers or lenders of the Building. Supplementing the above, (i) Landlord agrees that, except in cases of emergency and/or when required or permitted by law, any entry upon the Demised Premises shall be made at reasonable times with during Regular Business Hours, and only after reasonable advance notice; (ii) if Tenant, its agent, representative or employee shall not be personally present or shall not open and permit an entry into the Demised Premises at any time when such entry shall be necessary or permissible, Landlord shall use a master key or forcibly enter the Demised Premises, without liability; and (iii) lessors under any superior lease and the holders of any mortgage shall have the right to enter the Demised Premises from time to time through their respective employees, agents, representatives and architects to inspect the Premises or to cure any default of Landlord or Tenant relating thereto. Tenant shall not be entitled to any abatement or reduction of Rent by reason of this Section 13, nor shall such be deemed to be an actual or constructive eviction. Notwithstanding anything to the contrary contained in this Section 13, Landlord and its agents shall have the right to permit access to the Demised Premises, whether or not Tenant shall be present, to any receiver, trustee, assignee for the benefit of creditors, sheriff, marshal or court officer entitled to, or reasonably purporting to be entitled to, such access for the purpose of taking possession of, or removing, any property of Tenant or any other occupant of the Demised Premises, or for any other lawful purpose, or by any representative of the fire, police, building, sanitation or other department of the City, State or Federal Governments. Except in eases of emergency and/or when entry is required or permitted by law, any such entry upon the Demised Premises shall be made only after reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any timeand, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsrequest, Landlord shall use commercially reasonable efforts provide Tenant with any available proof of authority and entitlement to minimize interference with the Premises and Tenant’s business operations thereonenter. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage Nothing contained in this Section or any action taken by Landlord pursuant to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rentsthis Section, shall xxxxx be deemed to constitute recognition by Landlord that any person other than Tenant has any right or interest in proportion to this Lease or the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyDemised Premises.

Appears in 1 contract

Samples: Lease Agreement (Shutterstock, Inc.)

Access to Premises. LandlordSubject to the terms of Section 8 with respect to repairs and Section 14 with respect to services, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice Tenant shall permit Landlord to Tenant (or an authorized employee of Tenant at the Premises), use and at any time, upon reasonable notice to Tenant under the circumstances, maintain pipes and conduits in an emergency, to do the following: inspect and through the Premises; comply provided, such pipes and conduits are concealed above the ceiling, beneath the floor or behind the demising walls, and do not interfere with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall have the right to enter the Premises at reasonable hours upon at least twenty-four (24) hours advance written notice (except in the case of emergency) and in the accompaniment of a representative of Tenant to examine the same and to make such repairs required of Landlord hereunder and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part; provided, any such entry is strictly of a temporary nature. In the event any such entry by Landlord renders the Premises unusable for more than two (2) consecutive days, the Rent shall xxxxx from and after said second day for so long as said entry renders the Premises unusable. Landlord is expressly granted permission to show the Premises at any reasonable time upon at least twenty-four (24) hours advance written notice to prospective tenants, mortgagees, purchasers, lessees of the Building and other persons with a business interest therein; provided, however, that Landlord shall only exhibit the Premises to prospective tenants during the final six (6) months of Tenant’s occupancy of the Premises. Landlord agrees to use commercially reasonable best efforts in connection with any entry to minimize any interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of to protect Tenant’s business and/or cause damage to Tenant’s employees and property (within the Premises, and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in Tenant shall cooperate with such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and efforts. Landlord shall be liable responsible for any damage to persons or property within the Premises caused by such entry by Landlord. If Tenant shall not be personally present to open and permit an entry into the Premises when for emergency reasons an entry therein shall be necessary, Landlord may enter the same by a master key, or may forcibly enter the same, without rendering Landlord liable therefor (if during such entry Landlord shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations, terms, covenants, conditions, provisions or agreements of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Land or the Building or any part thereof, other than as otherwise provided in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Autodesk Inc)

Access to Premises. LandlordLandlord shall have the right, at all reasonable times upon 24 hours prior notice to Tenant, either itself or through its authorized agents, servants, or employees may to enter the Premises at reasonable times with reasonable advance notice (i) to Tenant make repairs, alterations or changes as Landlord is required or permitted to make hereunder, (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice ii) to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; (iii) to show the Premises to prospective lenders mortgagees and purchasers. Landlord shall have the right, either itself or purchasers andthrough its authorized agents, during to enter the ninety Premises at all reasonable times for inspection to show prospective tenants if within one hundred eighty (90180) days immediately prior to the expiration Expiration Date as extended by any exercised option. Landlord agrees that at all times other than in the event of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Leaseemergency, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord it shall use commercially reasonable efforts to minimize interference with Tenant's business in connection with its right of entry hereunder. Tenant, its agents, employees, invitees, and guests, shall have the right of ingress and egress to common and public areas of the Building, provided Landlord by reasonable regulation may control such access for the comfort, convenience, safety and protection of all tenants in the Building, or as needed for making repairs and alterations. Tenant shall be responsible for providing access to the Premises to its agents, employees, invitees and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference guests after hours and Landlord shall provide card access therefore at Tenant's expense to be liable for paid out of the Allowance (as defined in the Workletter), but in no event shall Tenant's use of and access to the Premises after hours compromise the security of the Building. Landlord shall have the right to enter the Premises at any damage to Tenant’s propertytime in the event of an emergency.

Appears in 1 contract

Samples: Office Lease (Lifepoint Hospitals Holdings Inc)

Access to Premises. LandlordSection 17.01. Landlord and its designees shall have the right to enter upon the Demised Premises at all times during normal business hours and upon twenty four (24) hours telephonic notice to Tenant's designated representation at the Demised Premises (except in emergency situations) to inspect and examine same, its agentsto make repairs, servantsadditions, alterations, or employees improvements to the Demised Premises, the Building within which the Demised Premises are located or any property owned or controlled by Landlord within such Building. In the case of emergency situations, Landlord may enter have access to the Demised Premises at reasonable times with reasonable advance but shall still be required to give telephonic notice to Tenant (or an authorized employee of Tenant's designated representative at the Demised Premises within a reasonable time following Landlord's gaining access to the Demised Premises. Any work performed by Landlord shall be performed in such a manner so as not to interfere with any ongoing experiments being conducted by Tenant at the Demised Premises). Landlord's rights of entry as aforesaid, and at any timethe taking of all property into and upon the Demised Premises that may be required in connection therewith, upon reasonable notice shall not be considered an eviction of Tenant, in whole or in part, constructive or otherwise, and Landlord shall not be liable to Tenant under for any expense, damage, or loss or interruption of the circumstancesbusiness of Tenant by reason thereof, in an emergency, to do and the following: inspect rent reserved hereunder shall continue without abatement during the Premises; comply with all laws, orders, ordinances and requirements period of any governmental unit such entry and while such repairs, alterations, improvements or authority for which additions are being made. Landlord may be responsible under this Lease, if any; or Landlord's designees shall have the right to enter the Demised Premises at all times to show the Demised Premises to prospective lenders purchasers, mortgagees or purchasers andlessees of the Demised Premises, during the ninety (90) days immediately Building or the Center. During the six month period prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm hereof, Landlord may exhibit the Demised Premises to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference tenants and Landlord may place upon the Demised Premises notices reading, "To Let" or "For Rent", which notices Tenant shall allow to be liable for any damage to Tenant’s propertyposted conspicuously without molestation.

Appears in 1 contract

Samples: And Attornment Agreement (PTC Therapeutics, Inc.)

Access to Premises. 18.1 ACCESS TO PROMISES. Landlord or Landlord, its agents, servants, or employees may 's agents shall have the right to enter the Premises at all reasonable times to examine the same and to show them to prospective purchasers, mortgagees, lessees or tenants of Landlord, or to public officials lawfully having an interest therein, or to make such decorations, repairs, alterations, improvements or additions as Landlord may reasonably deem necessary or desirable or to close entrances, doors, corridors, elevators or other facilities provided there is still reasonable access to the Premises. Landlord, Tenant and all other tenants in the Building and their respective guests, invitees and employees shall have ingress and egress to and from all common public areas of the Building, provided that (i) Landlord has the right, under reasonable regulations, to regulate and control such guests, invitees and employees with reasonable advance respect to such access and the days and hours of access, access by Tenant's employees to said Premises will be available twenty-four (24) hours per day, seven (7) days a week unless written notice to Tenant the contrary is provided by Landlord five (5) business days in advance of such limited access or an authorized employee in the event of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with and (ii) all laws, orders, ordinances common areas and requirements of any governmental unit or authority for facilities which Landlord Tenant may be responsible permitted to use and occupy, are to be used and occupied under this Leasea revocable license, and if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration amount of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsareas is diminished, Landlord shall use commercially not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction provided there is still reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion access to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyPremises.

Appears in 1 contract

Samples: Lease Agreement (Papnet of Ohio Inc)

Access to Premises. Landlord, The Tenant shall permit the Landlord and its agents, servants, or employees may surveyors and workmen (with all necessary appliances) at all reasonable times by prior appointment to enter the said Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do for the following: inspect a) to view the condition of the Premises; comply with b) to do all lawssuch works and things as may be required for any repairs, ordersalterations or improvements to the said Premises; 4.8 c) to do all such works and things as may be required for any repairs, ordinances and requirements alterations or improvements to any parts of any governmental unit building to which the said Premises may form a part of or authority adjoin. Where the need for which repair is due to the Tenant’s negligence or default, the Landlord may serve upon the Tenant written notice specifying any work or repair necessary to be responsible under this Leasedone by the Tenant. The Tenant shall, if any; show within fourteen (14) days after service of such notice, proceed with the works and repairs. If the Tenant fails to carry out the repairs within a reasonable time, the Landlord may elect to do so, and the cost incurred thereunder shall be forthwith recoverable from the Tenant as a debt due and owing from the Tenant to the Landlord. The Tenant acknowledges that where the Landlord’s contractor is arranged to attend to the Premises to prospective lenders for any maintenance requirement reported by the Tenant, and where no fault/defect is found or purchasers and, during where the ninety (90) days immediately prior fault/defect is attributable to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; acts or post (on the Development, but not within or at the entrance omissions of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause Tenant and/or the least practical interference to Tenant’s business and Tenant’s use visitors, the Tenant shall bear the charge-out rate of the Premisessuch contractor. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.4.9

Appears in 1 contract

Samples: Important

Access to Premises. LandlordSubject to the provisions hereof, Landlord and its agents, servants, or employees may enter authorized agents shall have free access to the Premises at any and all reasonable times with reasonable advance notice for customary services (such as regular janitorial services and other services that Landlord is required to Tenant (or an authorized employee of Tenant at the Premisesperform on a regular basis pursuant to this Lease), and for non-customary services (such as non-emergency repairs) upon at any time, upon reasonable least forty-eight (48) hours’ verbal notice to Tenant under the circumstances, in an emergencyTenant, to do the following: inspect the Premises; comply with all laws, orders, ordinances same and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior purposes pertaining to the expiration rights of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the PremisesLandlord. In all events, Landlord shall use commercially reasonable efforts to minimize any interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct operation of Tenant’s business and/or cause damage from the Premises during any such entry. During the last twelve (12) months of the term of this Lease (as may have been extended) Landlord may show the Premises to Tenant’s property (and prospective lessees. Notwithstanding the entry is not needed foregoing, because of the nature of Tenant’s defaultbusiness, negligence or willful misconduct)the confidential and proprietary processes and procedures, then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for have no rights to enter the Lab nor any damage to “quality assurance” area within the Premises unless accompanied by a representative of Tenant. Landlord shall strictly comply with Tenant’s propertystandard health, hygiene and safety protocols when entering the Lab or the “quality assurance” areas. In connection with any entry into the Premises by Landlord or any of its agents, employees, affiliates, members, managers, partners, officers, directors, contractors or other representatives, Landlord shall require such persons comply with Tenant’s security measures which may include, without limitation, checking in at a receptionist desk and providing the receptionist with such person’s name and company affiliation and being escorted in the Premises by a representative of Tenant (except in the case of emergencies).

Appears in 1 contract

Samples: Lease (Talis Biomedical Corp)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Deed of Ground Lease (Ricks Cabaret International Inc)

Access to Premises. Landlord and Landlord, its agents, servants, or 's employees and agents may enter the Premises at reasonable all times with reasonable during the period when Tenant is open for business and at all other times on 24 hour advance notice except in the event of an emergency without diminution or abatement of rent and without liability to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice i) to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws(ii) during periods of time when Tenant is not open for business to the public (whenever possible) to make repairs, ordersadditions or alterations to the Premises, ordinances the Project, or any property owned or controlled by Landlord (and requirements of any governmental unit or authority for which such purposes Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be responsible under this Leaseperformed, if any; show always providing the entrance to the Premises shall not be blocked thereby); (iii) to prospective lenders save or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with post any notice required or permitted under the provisions of this LeaseLease or by law; (iv) to cure any default by Tenant or to exercise any remedy of Landlord for a default; and (v) for any other lawful purpose. For the purpose of providing access as required by this Section, Landlord shall have a key to prospective tenantsunlock all doors on the Premises. If an excavation is made or is authorized to be made upon land adjacent to the Premises or the Project, but only if Tenant agrees to permit all necessary persons to enter the premises for the Purpose of doing such showings are accompanied by a representative work as Landlord deems necessary to preserve the walls of Tenant if so requested the Project from injury or damage. Nothing contained herein shall impose or be deemed to impose any duty on the part of Landlord to do any work or repair, maintenance, reconstruction or restoration, which under any provision of this Lease is required to be done by Tenant; or post (on and the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, performance thereof by Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct not constitute a waiver of Tenant’s business and/or cause damage 's default in failing to Tenant’s property (and do the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertysame.

Appears in 1 contract

Samples: American Vantage Companies

Access to Premises. Tenant shall: (i) permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have reasonable access to and to enter upon the Premises at all reasonable hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment, provided that such storage does not adversely affect Tenant’s access to or the use and occupancy of the Premises); and (iii) permit Landlord, its agentsat reasonable times, servantsto show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or employees assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit an entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Lxxxxxxx's agents may enter the Premises at same by a master key, or, in the event of an emergency, may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable times with reasonable advance notice care to Tenant (or an authorized employee of Tenant at the PremisesTenant's property), and at without in any timemanner affecting the obligations and covenants of this Lease; provided, upon reasonable notice to Tenant under the circumstanceshowever, except in an emergency, Landlord shall use reasonable efforts to do the following: inspect the Premises; comply schedule any access in advance with all laws, orders, ordinances Tenant and requirements at times when Txxxxx is reasonably able to have a representative present during such access. Landlord shall exercise its rights of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show access to the Premises to prospective lenders or purchasers and, during permitted under any of the ninety (90) days immediately prior to the expiration terms and provisions of this Lease if Tenant declines in such manner as to renew for an additional term in accordance minimize to the extent practicable interference with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance Txxxxx's use and occupation of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Confidentiality Agreement (Hubspot Inc)

Access to Premises. Landlord and Landlord, its agents, servants, or employees may ’s agents shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant during Business Hours, for the purpose of inspecting same for the purpose of (or an authorized employee of Tenant at the Premises)a) maintenance, repair, and at any timefor making additions to and running pipes, upon reasonable notice to Tenant under conduits and ducts through the circumstancesPremises (which, in an emergencywherever reasonably practicable, to do will be run above the following: inspect the Premises; comply with all laws, orders, ordinances ceiling and/or behind existing walls) and requirements of any governmental unit or authority (b) for which Landlord may be responsible under this Lease, if any; show showing the Premises to prospective tenants, purchasers and lenders or purchasers and, (during the ninety last six (906) days immediately prior months of the Lease Term), and Tenant hereby waives any claim against Landlord for damage or inconvenience caused by any of the above except to the expiration of this Lease if Tenant declines to renew for an additional term extent otherwise specifically set forth in accordance with the provisions of this Lease. Except in the case of an emergency (in which case no prior notice shall be required), Landlord shall give Tenant advance notice of Landlord’s intent to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post enter the Premises (on which shall be at least seven (7) business days’ notice for entry to the Development, but not within or at Security Area (a) and 24 hours’ notice for entry to the entrance remainder of the Premisespremises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize the interference with Tenant’s operations during the exercise of Landlord’s rights under this Section 23, but Landlord shall not be required to use after hours labor. Notwithstanding the foregoing to the contrary, Landlord shall not be required to enter only during Business Hours in the event Landlord, in its good faith judgment, believes it would be injured by failure to take rapid action or if the necessity for repairs constitutes an emergency. If there are areas of the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with that Tenant does not want Landlord to have the conduct of Tenant’s business and/or cause damage right to Tenant’s property enter unattended (and the entry is not needed because of Tenant’s default, negligence or willful misconducta “Security Area”), then Tenant shall notify Landlord of such Security Area, and shall provide a representative of Tenant to accompany Landlord’s agents at all times during the exercise of Landlord’s rights under this Section 23 within such Security Area. Landlord shall keep confidential and require all Landlord related parties to keep confidential any information that they may learn about Tenant or its business operations in such event connection with any entry into the rent and any sums due and payable Premises. As of the Effective Date, Tenant has identified that certain area shown on the plan attached as additional rentsExhibit “H” to be the Security Area. Tenant shall have the right, upon at least seven (7) days’ notice to Landlord, to amend Exhibit “H”. Tenant shall xxxxx in proportion have access to the extent building twenty-four (24) hours per day, seven (7) days per week, by means of the interference and a key or an electronic controlled access system. Additional keys or controlled access cards required by Tenant for any reason will be provided upon Tenant’s payment of a fee as reasonably determined by Landlord. Landlord shall be liable for any damage provide one hundred fifty (150) electronic access cards at no charge to Tenant’s property.

Appears in 1 contract

Samples: Lease Agreement (Passage BIO, Inc.)

Access to Premises. LandlordLessee agrees that Lessor, its agents, servantsservants or employees, or employees any person authorized by Lessor, may enter the Leased Premises at reasonable times with reasonable advance notice during usual business hours to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances condition of the same and requirements of any governmental unit or authority for which Landlord to make such repairs as Lessor may be responsible required or permitted to make under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to exhibit the same to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance purchasers of the PremisesLeased Premises and/or Building, and, within six (6) for sale months prior to the termination of this Lease, or for lease signsany extensions thereof, to exhibit the Leased Premises to prospective tenants and to place in and upon the premises at such places as Lessor may determine "For Rent" signs or notices; provided; , however, that all such entries signs or notices shall not be placed in positions in which they would unreasonably interfere with the continued conduct of Lessee's business or obstruct Lessee's own signs as then erected. Such entry, inspection and repairs as Lessor may make of or to the Leased Premises and the Building and improvements thereon and such signs and notices shall not constitute eviction of Lessee in whole or in part. Nothing herein contained, however, shall be completed promptly in a good workmanlike manner so as deemed or construed to cause the least practical interference to Tenant’s business and Tenant’s use impose upon Lessor any obligation or liability whatever for care, supervision, repair, improvement, addition, change or alteration of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with Leased Premises or the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence Building or willful misconduct), then improvements thereon other than as expressly provided in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertythis Lease.

Appears in 1 contract

Samples: Lease (Source Interlink Companies Inc)

Access to Premises. Section 14.1 (A) Subject to Section 14.1(D), Landlord, its or Landlord's agents, servants, or employees may shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or in an authorized employee of Tenant at the Premises)emergency, and at any time, and, at other reasonable times, upon reasonable prior notice to Tenant under Tenant, except in case of an emergency (which notice may be telephonic or sent via facsimile transmission) to examine the circumstancessame and to make such repairs, in an emergency, replacements and improvements as Landlord may deem necessary or desirable to do any portion of the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Premises following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease. Tenant shall permit Landlord to use, if any; show maintain and replace ducts, exhausts, cables, risers, pipes and conduits in and through the Premises and to prospective lenders erect new ducts, exhausts, cables, risers, pipes and conduits therein, provided such new pipes and conduits are within the walls, above the ceiling, below the finished floor or purchasers andotherwise concealed. Landlord may, during the ninety (90) days immediately prior progress of any work in the Premises, take all necessary materials and equipment into the Premises without the same constituting an eviction nor shall the Tenant be entitled to the expiration any abatement of Rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise; provided, however, no such exercise of this Lease if Tenant declines right by Landlord shall unreasonably impair Tenant's access to, or otherwise unreasonably or materially interfere with Tenant's ability to renew for an additional term in accordance with use the provisions of Premises as contemplated by this Lease, subject, however to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business Sections 14.2 and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property25.2 hereof.

Appears in 1 contract

Samples: Agreement of Lease (Knight Trading Group Inc)

Access to Premises. LandlordLandlord reserves and shall at all times have the right to enter the Leased Premises at all reasonable times after reasonable prior notice to inspect same, its agentsto supply any service to be provided by Landlord to Tenant hereunder, servantsto show the Leased Premises to prospective purchasers, mortgagees or tenants, and to alter, improve or repair the Leased Premises and any portion of the Buildings, without abatement of Base Rent or Additional Rent, and may for that purpose erect, use and maintain, scaffolding, pipes, conduits and other necessary structures in and through the Leased Premises where reasonably required by the character of the work to be performed, provided that the entrance to the Leased Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant s business, any loss of occupancy or quiet enjoyment of the Leased Premises or any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Leased Premises, excluding Tenant s vaults and safes, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant special security areas (or an authorized employee of Tenant at the Premisesdesignated in advance), and at Landlord shall have the right to use any time, upon reasonable notice and all means that Landlord may deem necessary or proper to Tenant under the circumstances, open said doors in an emergency, in order to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of obtain entry to any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance portion of the Leased Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Lease

Access to Premises. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, and, at other reasonable times upon reasonable prior notice, which may be oral, to examine the same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform and such access by Landlord shall not reduce the usable area of the Premises (other than to a de minimis amount) and shall not have a material adverse impact on Tenant’s access to the Premises. Landlord shall use its agentsreasonable commercial efforts in order to minimize any interference with Tenant’s business operations during any access to the Premises, servantsbut this shall not be construed so as to require Landlord to perform any work on an overtime or other premium pay basis. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Premises and to erect new pipes and conduits therein provided they are concealed within the walls, floor or employees ceiling. Landlord may during the progress of any work in the Premises take all necessary materials and equipment into the Premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Throughout the term hereof Landlord shall have the right to enter the Premises at reasonable times with reasonable advance notice hours for the purpose of showing the same to prospective purchasers or mortgagees of the Building and during the last six months of the Term for the purpose of showing the same to prospective tenants. If Tenant (or is not present to open and permit an authorized employee of Tenant at entry into the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in Premises during an emergency, to do Landlord or Landlord’s agents may enter the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord same whenever such entry may be responsible under this Leasenecessary by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, if any; show such entry shall not render Landlord or its agents liable therefor, nor in any event shall the Premises to prospective lenders or purchasers and, obligations of Tenant hereunder be affected. If during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance last month of the Premises) for sale Term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this Lease or Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, obligations hereunder. Tenant shall xxxxx in proportion have access to the extent of the interference Premises seven (7) days a week, twenty-four (24) hours per day, subject only to landlord’s security rules and Landlord shall be liable for any damage to Tenant’s propertyregulations.

Appears in 1 contract

Samples: Agreement of Lease (Borderfree, Inc.)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at 16.01 Upon reasonable times with reasonable advance prior written notice to Tenant (or except in the event of an authorized employee of Tenant at the Premises)emergency, and then at any time), upon reasonable notice Tenant will permit Landlord and its agents access to Tenant under the circumstances, in an emergency, to do Premises during all normal business hours for the following: inspect purpose of examining the Premises; comply with all laws, ordersmaintaining existing pipes and conduits in and through the Premises and making any repairs, ordinances and requirements of any governmental unit alterations or authority for additions which Landlord may be responsible under this Leasedeem necessary for the safety, if any; show preservation or improvement of the Premises or the Building. Landlord will be allowed to prospective lenders or purchasers and, during take all material into the ninety (90) days immediately prior Premises that may be reasonably required for such work and to perform such acts without the expiration of this Lease if Tenant declines to renew for same constituting an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative eviction of Tenant if so requested by Tenant; in whole or post (on the Developmentin part, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, provided Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not unreasonably interfere with the conduct of Tenant’s 's business. The rent will not abate while the repairs, alterations, improvements or additionx xxx being made unless any such repairs (i) extend over a period of more than three (3) consecutive business and/or cause damage to Tenant’s property days; and (and ii) preclude Tenant from conducting its business in a commercially reasonable manner within the entry is not needed because Premises for a period of Tenant’s defaultmore than three (3) consecutive business days, negligence or willful misconduct), then in such event which case fifty percent (50%) of the rent and any sums due and payable as additional rents, Base Rent shall xxxxx be abated in proportion to the extent percentage of the interference and Landlord Premises that cannot be used for Tenant's business in a commercially reasonable manner. Said rent abatement shall be liable for that period beyond three (3) consecutive business days during which Tenant is precluded from using the applicable portion of the Premises for Tenant's business in a commercially reasonable manner as a result of any damage repairs, alterations, improvements or additions being made by Landlord. Notwithstanding anything contained herein to the contrary, in no event shall rent abate if repairs or replacements to the Premises or any other xxxxxon of the Building are necessitated by Tenant’s property's negligence or breach of this Lease.

Appears in 1 contract

Samples: Escrow Agreement (Experience Management LLC)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantswires, ducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or employees may materially adversely affect the appearance thereof; (ii) permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and their representatives, to have free and unrestricted access to and to enter upon the Premises at all reasonable times with reasonable advance notice to Tenant hours for the purposes of inspection or making repairs (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under time in the circumstances, in event of an emergency, to do the following: inspect the Premises; comply as reasonably determined by Landlord), or complying with all laws, orders, ordinances orders and requirements of governmental or other authorities, or exercising any governmental unit or authority for which right reserved to Landlord may be responsible under by this Lease; and (iii) permit Landlord, if any; at reasonable times, to show the Premises during ordinary business hours to any mortgagee, prospective lenders purchaser, prospective mortgagee, or purchasers andprospective assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the ninety One-hundred and eighty (90180) days immediately prior to day period preceding the expiration of this Lease if (or any other date whereby Tenant declines may have the right to renew for an additional term earlier terminate this Lease in accordance with the provisions of this Leasehereof), to prospective tenantsany person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit entry into the Premises at any time when for any reason entry therein shall be necessary or permissible, but only if all such showings are accompanied Landlord or Landlord’s agents may enter the same by a representative of Tenant master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefore (if so requested by Tenant; during such entry Landlord or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, agents shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage accord reasonable care to Tenant’s property) and without in any manner affecting the obligations and covenants of this Lease. Tenant shall at all times provide Landlord with a copy of all keys, and pass cards to the Premises. Prior to entering the Premises, Landlord shall provide Tenant with at least 24 hours advance notice (email or telephonic notice, including a message left on a message system of a Tenant indicated employee (if indicated employee is provided by Tenant), or with an answering service of, shall be sufficient for the purposes of this sentence), except in the event of an emergency, as reasonably determined by Landlord, whereupon no such advance notice shall be required.

Appears in 1 contract

Samples: Form of Commercial Lease (GrowGeneration Corp.)

Access to Premises. LandlordThe Lessor and its authorized representatives, its agents, servantsemployees, or employees may and attorneys may, but shall be under no duty to, enter the Premises at reasonable times with reasonable advance notice and hours, subject to Tenant (or an authorized employee the rights of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, tenants in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Leasepossession, if any; show , to inspect the Property in order to determine whether the Lessee is complying with its undertakings, duties, and obligations under‌ DRAFT this Ground Lease, to make such necessary repairs, additions, improvements, changes, or alterations to the Premises as the Lessor may elect to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term make in accordance with the terms and provisions hereof (the Lessor agreeing to provide five (5) Business Days' prior written notice of this Leaseits intent to make such necessary repairs, additions, improvements, changes, or alterations to the Premises, except in the case of an emergency where no such prior notice shall be required), and to exhibit the same to prospective tenantspurchasers, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; operators, mortgagees, or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use tenants of the Premises. In all eventsSuch entry, Landlord inspection and repairs, additions, improvements, changes, or alterations as the Lessor may make of the Premises shall use commercially not constitute an eviction of the Lessee in whole or in part, and the Rent shall in no way xxxxx by reason of loss or interruption of the business of the Lessee or otherwise while such work is being done. The Lessor agrees to employ its reasonable efforts to minimize interference with any interruption to the business operations of the Lessee resulting from the Lessor's (or its designated representatives') work in or on the Premises. Nothing herein contained, however, shall be deemed or construed to impose upon the Lessor any obligation or liability whatsoever for care, supervision, repair, improvement, additions, change, or alteration to the Premises and Tenant’s business operations thereonother than as herein expressly provided. If Landlord’s entry materially and substantially interferes with Further, nothing in this Section shall be construed to permit the conduct of Tenant’s business Lessor to make any material changes, improvements, and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion alterations to the extent of Premises, including, without limitation, any demolition or removal thereof if such action would violate any restrictions imposed upon the interference and Landlord shall be liable for Lessee with respect to the same under any damage to Tenant’s propertyBond Document.

Appears in 1 contract

Samples: Ground Lease Agreement

Access to Premises. Section 14.1 (A) Tenant shall permit Landlord, its Landlord’s agents, servantsrepresentatives, or contractors and employees may and public utilities servicing the Building to erect, use and maintain, concealed ducts, pipes and conduits in and through the Premises, as limited by the provisions of Section 14.1(C). Landlord, Landlord’s agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building shall have the right to enter the Premises at all reasonable times with reasonable advance upon at least twenty-four (24) hours’ prior notice to Tenant (or except to the case of an authorized employee of Tenant at the Premisesemergency in which event Landlord and Landlord’s agents, representatives, contractors, and employees may enter without prior notice to Tenant), and at any time, upon reasonable which notice to Tenant under the circumstances, in an emergencymay be oral, to do examine the following: inspect same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs and alterations (provided such alterations are performed subject to, and as limited by, the Premises; comply with all lawsprovisions of Section 14.1(C)), ordersor restorations under Articles 10 or 11 of this Lease (i) as Landlord may deem necessary or reasonably desirable to the Premises or to any other portion of the Building, ordinances and requirements of any governmental unit or authority for (ii) which Landlord may be responsible elect to perform following ten (10) days after notice, except to the case of an emergency (in which event Landlord and Landlord’s agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premisesiii) for sale the purpose of complying with any Requirements, a Superior Lease or for lease signs; provided; howevera Mortgage, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or to part and the Fixed Rent (and any damage to other item of Rental) shall in no wise axxxx while said repairs and alterations (provided such alterations are performed subject to, and as limited by, the provisions of Section 14.1(C)), or restorations under Articles 10 or 11 of this Lease are being made, by reason of loss or interruption of business of Tenant’s property, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Coty Inc /)

Access to Premises. Section 16.1. (A) Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at pipes and conduits in and through the Premises), and at any time, upon reasonable notice to Tenant under provided the circumstances, in an emergency, to same do the following: inspect the Premises; comply not interfere with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the PremisesPremises or decrease the usable area thereof by more than a de minimis amount. In all eventsLandlord, Landlord any Lessor or such party’s agents shall use commercially reasonable efforts have the right to minimize interference with enter the Premises at all reasonable times upon (except in case of emergency) reasonable prior notice, which notice may be oral, to examine the same, to prior to show the same to prospective purchasers, Mortgagees or lessees of the Building or space therein, and to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary to the Premises (or as Landlord is otherwise entitled to make under this Lease to the Premises), or to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to any other portion of the Building, or (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be required) following Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultRequirements, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no respect xxxxx or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise (except as otherwise expressly set forth in this Lease). Notwithstanding the foregoing, for purposes of showing the Premises to prospective lessees, Landlord shall only be entitled to enter the Premises, (i) during the 12 months immediately prior to the Fixed Expiration Date, upon reasonable prior notice (which may be oral), or (ii) at any damage time after an Event of Default under this Lease, without notice to Tenant’s property.

Appears in 1 contract

Samples: Agreement (Ampex Corp /De/)

Access to Premises. Landlord, Landlord and its agents, servants, or employees may authorized representatives shall have the right to enter upon the Premises at during all regular business hours, upon reasonable times with reasonable advance prior notice to Tenant (which notice may be oral) and subject to Tenant's reasonable security precautions, for the purpose of (i) inspecting or exhibiting the same to prospective purchasers, mortgagees and tenants, and (ii) maintaining and repairing all utility equipment in, upon, above or under the Premises as may be necessary for the servicing of the Premises or other portions of the Commercial Center. Landlord and its authorized representatives shall also have the right to enter upon the Premises during all regular business hours (and in emergencies at all times) for the purpose of making any repairs thereto or thereon to the Building, as Landlord may deem necessary, and for any other lawful purpose; and in connection therewith, Landlord shall have the right to bring and store materials, tools and equipment in, through or above the Premises that may be required therefore, without the same constituting an authorized actual or constructive eviction of Tenant from the Premises or any part thereof. However, nothing herein shall be deemed to impose any duty upon Landlord to do any such work which, under any provisions of this Lease, Tenant shall be required to perform, and the performance thereof by Landlord shall not shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord in no event shall be liable for any inconvenience, disturbance, loss of business or other damages to Tenant by reasons of the performance by Landlord of any work in, upon, above or under the Premises or for bringing and storing materials, tools and equipment in, through or above the Premises during the course thereof, and the obligations of Tenant under the Lease shall not be affected thereby in any manner whatsoever, nor shall the same constitute any ground for an abatement of any rents, charges or other sums reserved hereunder. Landlord shall use all reasonable efforts not to interfere with or interrupt the conduct and operation of Tenant's business in the Premises, but in no event shall Landlord be required to incur any additional expense for work to be during hours or days other than regular business hours and days of the parties performing such work. If Tenant or Tenant's employees shall not be personally present to permit an entry into the premises when an emergency or casualty occurs, Landlord must contact the Westport Police Department and any entry by Landlord must be accompanied by a Police officer or agent or employee of Tenant at contacted as a result. During the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety period commencing Twelve (9012) days immediately months prior to the expiration of this Lease if Tenant declines to renew for an additional the Term (or any renewal term in accordance with thereof) , Landlord may place upon the provisions exterior of this the Premises "For Lease", to prospective tenants"To Let", but only if all such showings are accompanied by a representative or "For Rent" signs of Tenant if so requested reasonable size which signs shall not be removed, obliterated or hidden by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall xxxxx in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Samples: Lease (Village Bancorp Inc)

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