Common use of Access to Premises Clause in Contracts

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 reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, 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); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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.)

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Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, its agents and designees, to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 Premises 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, the Premises and any part thereof in the event of an emergency. Landlord or Landlord's agents shall also have the right to enter upon the Premises at all reasonable hours for Premises, to inspect the purposes of inspection or of making same, to perform janitorial and cleaning services, and to make such decorations, repairs, replacements alterations, improvements or improvements in or additions to the Premises or the Building Project as Landlord may deem necessary or equipment desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required thereof without the same constituting an eviction of Tenant in whole or in part, and the rent reserved shall in no way xxxxx (includingexcept as provided in Sections 13 or 14 hereof) while said decorations, 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 lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing by reason of loss or prospective mortgagee, purchaserinterruption of business of Tenant, or 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 thereofotherwise. If Tenant shall not be personally present to open and permit an entry into the Premises said Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s '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 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing contained in this Section 10, however, shall 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 the exercise of any rights herein provided. Landlord shall incur no material additional expense therebyalso 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 exercise its rights of access not be liable to Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the Premises permitted under use of, 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 Premisesadjacent or nearby building, land, street or alley.

Appears in 2 contracts

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

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, its agents and designees, to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 Premises 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 andthe Premises and any part thereof in the event of an emergency; provided, subject to Section 2.3 hereofhowever, that in each such case, the Landlord shall not unreasonably interfere with the Tenant’s use of the Premises. Landlord or Landlord’s agents shall also have the right to enter upon the Premises at all reasonable hours for to inspect the purposes of inspection or of making same, to perform janitorial and cleaning services and to make such decorations, repairs, replacements alterations, improvements or improvements in or additions to the Premises or the Building Project as Landlord may reasonably deem necessary or equipment desirable, and Landlord shall be allowed to take all material 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 (includingexcept as provided in Sections 13 or 14 hereof) while said decorations, 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 lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, by reason of loss or interruption of business of Tenant, or otherwise; provided, however, that in each such case, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show Landlord shall not unreasonably interfere with the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage Tenant’s use 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 thereofPremises. If Tenant shall not be personally present to open and permit an entry into the Premises said Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. Provided ; provided, however, that Landlord shall incur no material additional expense therebyprovide notice to Tenant of any such entry and shall reasonably secure the Premises. Nothing contained in this Section 10, however, shall 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 the exercise of any rights herein provided, except to the extent of any damage caused to the Premises. So long as tenant’s possession of the Premises are not adversely affected, Landlord shall exercise its rights 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 access to the Premises permitted under any entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the terms Building, and provisions of this Lease to close entrances, doors, corridors, elevators or other facilities. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in such manner as to minimize to or upon, or the extent practicable interference with Xxxxxx’s use and occupation of the Premisesof, 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. Upon reasonable notice, Owner or Owner's agents shall have the right (but shall not be obligated) to enter the 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 any portion of the building or which Owner may elect to perform, in the premises, following Tenant's failure to make repairs or perform any work which Tenant shall: (i) is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Tenant shall permit Landlord Owner to erect, use and maintain pipes, ducts and replace pipes and conduits in and through the Premises, provided the same do not reduce the floor area demised premises and to more than a de minimus extent, 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 erect new pipes and any mortgagee of the Building or the Building and land or of the interest of Landlord conduits therein, and any lessor under any underlying leaseOwner may, 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 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 repairswork in the demised premises, 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 materialsmaterials 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, tools and equipment); and (iii) permit Landlordupon notice to Tenant, to enter the demised premises at reasonable times, hours for the purpose of showing the same to show the Premises during ordinary Business Hours to any existing prospective purchasers or prospective mortgagee, purchaser, or assignee of any mortgage mortgages of the Building or of the Building and the land or of the interest of Landlord thereinbuilding, and during the period of twelve (12) last six months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereofterm 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 not be personally present 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 open Tenant for any compensation and permit an entry into such act shall have no effect on this lease or Tenant's obligations hereunder. Owner shall have the Premises right at any time when for any reason an entry therein shall be necessary or permissibletime, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s agents may enter without the same by a master keyconstituting 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 forcibly enter the same, without rendering Landlord be known. Owner shall indemnify Tenant for loss or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care damage from Owner's negligence with respect 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 Premisespremises.

Appears in 2 contracts

Samples: Agreement of Lease (Blue Fish Clothing Inc), Agreement of Lease (Blue Fish Clothing 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 reduce the floor area to more than a de minimus extent, 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 Landlord's agents shall have 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, right to enter upon the Premises at all reasonable hours for the purposes of inspection or of making repairs, replacements or improvements in or times 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 timesexamine them, to show the Premises during ordinary Business Hours them to any existing prospective purchasers, mortgagees, lessors or prospective mortgagee, purchaser, or assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord thereinlessees, and during to make and perform such decorations, cleaning, maintenance, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable for the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing safety, improvement or preservation of the Premises or of other portions of the Building, without the same constituting an eviction of Tenant in whole or in part or entitling Tenant to any part thereofabatement of rent, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be personally present to open and permit an entry into the Premises Premises, at any time when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s 's agents may enter the same Premises by use of a master key, or in an emergency may forcibly enter the samePremises, without rendering Landlord or such Landlord's agents liable therefor (if provided that during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Landlord shall incur no material additional expense therebyhave the right to erect, build, use and maintain unexposed pipes, ducts and conduits in and through the premises. If an excavation shall be made upon land adjacent to the Building or any part thereof or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as such person shall deem necessary to preserve the Building or any part thereof from injury or damage and to support any part thereof by proper foundations without any claim for damages or indemnity against Landlord or diminution or abatement of rent. Notwithstanding anything to the contrary in this paragraph, Landlord shall exercise agrees to use its best efforts not to interfere unreasonably with the Tenant or the Tenant's business in the course of exercising its rights under this paragraph. In the event that Landlord's exercise of access to the Premises permitted its rights under any of the terms and provisions this paragraph prevents Tenant from operating its business for three or more days (unless such exercise results from Tenant's action, breach of this Lease in Lease, or negligence). Tenant shall be entitled to an abatement of rent until such manner as time that Tenant is able to minimize to the extent practicable interference with Xxxxxx’s use and occupation of operate its business on the Premises.

Appears in 1 contract

Samples: Office Lease (Horizon Organic Holding Corp)

Access to Premises. Section 14.1 (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, representatives, contractors and employees and the agents, representatives, contractors and employees of public utilities and telecommunications companies servicing the Building to erect, use and maintain concealed ducts, exhausts, pipes, ducts cables, risers and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities and telecommunications companies servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in or restorations (i) as Landlord may reasonably deem necessary to the Premises or to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, electrical, heating, air conditioning or other systems(iii) or for the purpose of complying with all lawsany Requirements, orders a Superior Lease or a Mortgage, 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 shall be allowed to take all material into and upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show that may be required therefor without the Premises during ordinary Business Hours to any existing same constituting an eviction or prospective mortgagee, purchaser, constructive eviction of Tenant in whole or assignee of any mortgage of the Building or of the Building in part and the land or Fixed Rent (and any other item of the interest of Landlord therein, and during the period of twelve (12Rental) 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, upon not less than two xxxxx (2) business days’ written notice, except that no notice shall be required in 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 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. 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 expressly set forth in Section 14.2 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of the Premisesloss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: PSW Technologies Inc

Access to Premises. 13. Landlord or Landlord's agents shall have the right (but shall not be obligated) to enter the demised premises in any emergency at any time, and upon notice, at other reasonable times to examine the same and in make such repairs, replacements and improvements as Landlord may reasonably decree necessary and reasonably desirable to the demised 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 shall: (i) is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and replace pipes and conduits in and through the Premises, provided the same do demised premises and (not reduce the floor area to more than a de minimus extent, or materially adversely affect the appearance thereof; (iilegible) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit therein. 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 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 may during the progress of any such repairswork in the demised premises, 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 materials and equipment); and (iii) permit Landlord, 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 Landlord shall have the right to enter the demised premises at reasonable times, hours for the purpose of showing the same to show the Premises during ordinary Business Hours to any existing prospective purchasers or prospective mortgagee, purchaser, or assignee of any mortgage mortgagees of the Building or of the Building and the land or of the interest of Landlord thereinbuilding, and during the period of twelve (12) last six months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereofterm for the purpose of showing the same to prospective tenants. If Tenant shall is 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergencypremises, Landlord or Landlord’s 's agents may enter the same whenever such entry may be necessary or permissible by a master keykey or forcibly and provided reasonable care is exercised to safeguard Tenant's property and 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 may forcibly enter incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder. Landlord shall have the sameright at any time, without rendering 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. 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 the contrary notwithstanding. Landlord or makes no representation as to the location of the property line of the building. All vaults and vault space and all such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care areas not within the property line of the building, which Tenant may be permitted to Tenant’s property)use and/or occupy, is to be used and/or occupied under a revocable license, and without in if any manner affecting such license be revoked, or if the obligations and covenants amount of this Leasesuch space or area be diminished or required by any federal, state or municipal authority or public utility. Provided that Landlord shall incur no material additional expense therebynot be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, Landlord nor shall exercise its rights such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of access to the Premises permitted under any of the terms and provisions of this Lease in municipal authorities for such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the Premisesvault or area shall be paid by Tenant.

Appears in 1 contract

Samples: Lease (Maxwell Shoe Co Inc)

Access to Premises. Tenant shall: (i) LESSEE shall permit Landlord LESSOR to erect, use and ------------------ maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, . LESSOR or materially adversely affect the appearance thereof; (ii) LESSOR's agents shall upon reasonable prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee the case of emergencies) have 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, right to enter upon the Premises at all reasonable hours for Premises, to inspect the purposes of inspection or of making same, and to make such decorations, repairs, replacements alterations, improvements or improvements in or additions to the Premises or Building as LESSOR may deem necessary or desirable, and LESSOR shall be allowed to take all material into and upon the Building Premises that may be required without the same constituting an eviction of LESSEE in whole or equipment in part and the rent reserved shall in no way xxxxx (includingexcept as provided in Paragraph 9) while said decorations, 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 lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing by reason of loss or prospective mortgagee, purchaserinterruption of business of LESSEE, or assignee of any mortgage of the Building otherwise, provided that LESSOR shall not unreasonably interfere 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 thereofinterrupt LESSEE's business. If Tenant LESSEE shall not be personally present to open and permit an entry into the Premises Premises, at any time time, when for any reason an entry therein shall be deemed reasonably necessary by LESSOR, LESSOR or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s LESSOR's agents may enter the same by a master key, or may forcibly enter the samepass key of forcibly, without rendering Landlord LESSOR or such its agents liable therefor (if during such entry Landlord LESSOR or Landlord’s LESSOR's agents shall accord reasonable care to Tenant’s LESSEE's property), and without in any manner affecting the obligations and covenants of this Lease. Provided Nothing herein contained, however, shall be deemed or construed to impose upon LESSOR any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or Building, other than as provided in this Agreement. LESSOR shall also have the right any time, without the same constituting an actual or constructive eviction and without incurring any liability to LESSEE, to change the arrangement and/or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Building, and to close entrances, doors, corridors, elevators or other facilities, provided that Landlord such acts of LESSOR shall incur no material additional expense thereby, Landlord shall exercise its not substantially disturb the rights of access LESSEE granted hereunder. LESSOR shall not be liable to LESSEE for any expense, injury, loss or damage resulting from work done in or upon, or the Premises permitted under use of, 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 Premisesadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Lease Agreement (Metavante Corp)

Access to Premises. Section 16.1. (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to erect, use and maintain pipesconcealed ducts, ducts pipes and conduits in and through the Premises, provided the same do not reduce interfere with Tenant's use of the floor Premises or decrease the usable area to thereof by more than a de minimus extentminimis amount. Landlord, any Lessor or materially adversely affect such party's agents shall have 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, right to enter upon the Premises at all reasonable hours for times upon (except in case of emergency) reasonable prior notice, which notice may be oral, to examine 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 timessame, to show the Premises during ordinary Business Hours same to any existing prospective purchasers, Mortgagees or prospective mortgagee, purchaser, or assignee of any mortgage lessees of the Building or of the Building and the land or of the interest of Landlord space therein, and during to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary to the period of twelve Premises (12) months next preceding or as Landlord is otherwise entitled to make under this Lease to the Expiration Date Premises), or to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to any person contemplating the leasing other portion of the Premises Building, or any part thereof. If Tenant shall not be personally present (ii) which Landlord may elect to open and permit perform at least ten (10) days after notice (except in an entry into the Premises at any time emergency when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required) following Tenant's 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 Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required in an emergency, Landlord or Landlord’s agents may enter 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 a master keyreason of said repairs, alterations, improvements or additions, wherever located, or may forcibly enter while the samesame are being made, without rendering Landlord by reason of loss or such agents liable therefor interruption of business of Tenant, or otherwise (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without except as otherwise expressly set forth in any manner affecting the obligations and covenants of this Lease). Provided that Landlord shall incur no material additional expense therebyNotwithstanding the foregoing, for purposes of showing the Premises to prospective lessees, Landlord shall exercise its rights of access only be entitled to enter the Premises, (i) during the 12 months immediately prior to the Premises permitted Fixed Expiration Date, upon reasonable prior notice (which may be oral), or (ii) at any time after an Event of Default under any of the terms and provisions of this Lease in such manner as Lease, without notice to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the PremisesTenant.

Appears in 1 contract

Samples: Agreement of Lease (Ampex Corp /De/)

Access to Premises. The Tenant shall: (i) shall permit Landlord the Landlord, its agents and designees upon reasonable prior written notice, except in case of emergency, to erect, use use, and maintain pipes, ducts ducts, wiring, and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 demised premises 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 the premises and any part thereof in the event of an emergency. Landlord shall conduct such work in a manner not to Section 2.3 hereof, interfere unreasonably with Tenant's business at the Premises. Landlord or Landlord's agents shall have the right to enter upon the Premises at all reasonable hours for premises, to inspect the purposes of inspection or of making same and to make such decorations, repairs, replacements alterations, improvements, or improvements in or additions to the Premises premises or the Building as the Landlord may deem necessary or equipment desirable upon 24 hours' notice (includingexcept in case of emergency), and the Landlord shall be allowed to take all material into and upon said demised premises that may be required thereof without limitationthe same constituting an eviction of the Tenant in whole or in part, sanitaryand the rent reserved shall in no way abatx (xxcept as provided in Section 13) while said decorations, 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 lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, by reason of loss or interruption of business of the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaserTenant, or 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 thereofotherwise. If the Tenant shall not be personally present to open and permit an entry into the Premises said demised premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, the Landlord or Landlord’s 's agents may enter the same by a master key, or may forcibly enter without rending the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord shall incur no material additional expense therebyany obligations, Landlord shall exercise its rights of access to responsibility or liability whatsoever, for the Premises permitted under any care, supervision or repair of the terms and provisions Building or any part thereof, in the exercise of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the Premisesany rights herein provided.

Appears in 1 contract

Samples: Griffith Micro Science International Inc

Access to Premises. Section 16.1 (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord’s agents and public utilities servicing the Buildings to erect, use and maintain pipesconcealed ducts, ducts pipes and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, 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); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 therefor (if during such entry Landlord or Landlord’s agents shall accord have the right to enter the Premises at all reasonable care times upon (except in case of emergency) reasonable prior notice, which notice may be oral, to examine the same, to perform audits or inspections for Hazardous Materials, to show the same to prospective purchasers, Mortgagees or lessees of the Buildings or space therein, or 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 Buildings, or (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an Table of Contents emergency when no notice shall be required) following Tenant’s propertyfailure 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 Requirements, 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 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. Landlord shall not store materials in the Premises (except during performance of the work), unless they are confined to the area in which such alterations, additions and without in any manner affecting the obligations and covenants of improvements are being performed. In exercising its rights under this Lease. Provided that Landlord shall incur no material additional expense therebySection 16.1, Landlord shall exercise its rights of access attempt to coordinate with Tenant in making any repairs, alterations or improvements in the Premises permitted under any of the terms and provisions of this Lease in such manner as shall use reasonable efforts to minimize to the extent practicable interference with XxxxxxTenant’s use and occupation conduct of business in the Premises, provided Landlord shall not be required to use overtime labor.

Appears in 1 contract

Samples: Agreement of Lease (Progenics Pharmaceuticals Inc)

Access to Premises. Tenant shall: (i) shall permit Landlord to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for Premises, to inspect the purposes of inspection or of making same, to perform janitorial and cleaning services and to make such repairs, replacements alterations, improvements or improvements in or additions to the Premises or the Building as Landlord may deem necessary or equipment desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part and the rent reserved shall not abatx (including, without limitation, sanitary, electrical, heating, air conditioning or other systemsxxcept as provided in Article 15) 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 while said repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing by reason of loss or prospective mortgagee, purchaserinterruption of business of Tenant, or 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 thereofotherwise. If Tenant shall not be personally present to open and permit an any entry into the Premises said Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s '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 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing herein contained, however, shall 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, other than as herein provided. Landlord shall incur no material additional expense therebyalso 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 exercise its rights of access not be liable to Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the Premises permitted under use of, 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 Premisesadjacent or nearby building, land, street, or alley.

Appears in 1 contract

Samples: National Techteam Inc /De/

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to, to the extent necessary, erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for times, and upon reasonable notice (except in case of emergency) to (i) examine the purposes same, (ii) to show them to prospective purchasers, mortgagees or lessees (in the case of inspection lessees, during the last six (6) months of the Term) of the Building or of making space therein, (iii) to make such repairs, replacements alterations, improvements or improvements in or additions as Landlord may deem necessary 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage 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 laws, regulations or other requirements of government authorities. Landlord shall be allowed to take all necessary material and equipment into and upon the Building Premises and, if in connection with Landlord's Core Work only and while Landlord's Core Work is being performed, to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the land 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 interest of Landlord therein, and during the period of twelve nine (129) months next preceding prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to any person contemplating prospective tenants thereof. If, during the leasing last six (6) months of the Premises Term, Tenant shall have removed all or any part thereofsubstantially all of Tenant's property therefrom, Landlord may terminate this Lease and such acts shall not be deemed an actual or constructive eviction. If Tenant shall not be personally present to open and permit an entry into the Premises Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergencynecessary, Landlord or Landlord’s 's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor therefor, except for any damages caused thereby (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided 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 in this Lease provided. Landlord also shall, if required by Laws or if same does not materially adversely affect Tenant's use of the Premises, 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 other public parts of the Building and to change the name, number or designation by which the Building is commonly known. In addition, Tenant 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 that Landlord shall incur no material additional expense therebyliability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord shall exercise its rights of access the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the 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 permitted under any of the terms used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use other mechanical facilities, service closets and occupation 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. Landlord shall, in connection with the exercise of Landlord's rights under this Article 14 or Article 4, but not in any way limiting Landlord's rights in this Lease, use reasonable efforts to minimize disturbance to Tenant.

Appears in 1 contract

Samples: Agreement (Viatel Inc)

Access to Premises. The Tenant shall: (i) shall permit Landlord the Landlord, its agents and designees, to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided walls or above the same do not reduce the floor area to more than a de minimus extent, 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 ceiling of the Building or the Building Premises 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, the Premises and any part thereof in the event of an emergency. The Landlord or Landlord’s agents shall have the right to enter upon the Premises at all reasonable hours for Premises, with prior notification to Tenant to inspect the purposes of inspection or of making same, to perform janitorial and cleaning services and to make such decorations, repairs, replacements alterations, improvements or improvements in or additions to the Premises or the Building Project as the Landlord may deem necessary or equipment desirable, and the Landlord shall be allowed to take all material into and upon the Premises that may be required thereof without the same constituting an eviction of the Tenant in whole or in part, and the rent reserved shall in no way xxxxx (includingexcept as provided in Paragraphs 13 or 14 hereof) while said decorations, 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 lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, by reason of loss or interruption of business of the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaserTenant, or assignee of any mortgage otherwise so long as the same do not unreasonably interfere with Tenant’s use 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 thereofPremises. If the Tenant shall not be personally present to open and permit an entry into the Premises Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written noticedue to an emergency or pursuant to prior notification given to Tenant, except that no notice shall be required in an emergency, the Landlord or Landlord’s agents may enter the same Premises by a master key, or may forcibly enter the samePremises, without rendering rending the 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. Provided that The Landlord shall incur no material additional expense therebyalso have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the 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. The Landlord shall exercise its rights of access not be liable to the Premises permitted under Tenant for any of expense, injury, loss or damage resulting from work done in or upon, or 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 Premisesof, any adjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Office Lease (Monotype Imaging Holdings Inc.)

Access to Premises. Tenant shall: (i) shall permit Landlord to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided . Landlord or its agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for Premises, to inspect the purposes of inspection or of making same, to perform janitorial and cleaning services and to make such decorations, repairs, replacements alterations, improvements or improvements in or additions to the Premises or the Building as Landlord may deem necessary or equipment (includingdesirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required therefor without limitationthe same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no way xxxxx while said decorations, 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 lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing by reason of loss or prospective mortgagee, purchaserinterruption of business of Tenant, or 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 thereofotherwise. If Tenant shall not be personally present to open and permit an entry into the Premises said Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s its agents may enter the same by a master key, or may forcibly enter the samePremises, without rendering Landlord or such agents liable therefor therefore (if during such entry Landlord or Landlord’s its agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing herein contained, however, shall 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, other than as herein provided. Landlord shall incur no material additional expense therebyalso 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 exercise its rights of access not be liable to Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the Premises permitted under use of, 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 Premisesadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Lease Agreement (Home School Holdings, Inc.)

Access to Premises. Section 14.1. (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, ------------- representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, electrical, heating, air conditioning or other systems(iii) or for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all laws, orders material into and requirements upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of governmental Tenant in whole or in part and the Fixed Rent (and any other authority or item of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such Rental) shall in no wise xxxxx while said repairs, replacements alterations, improvements, additions or improvements restorations are being made, by reason of loss or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or throughinterruption of business of Tenant, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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 Premisesotherwise.

Appears in 1 contract

Samples: Xoom Inc

Access to Premises. The Tenant shall: (i) shall permit the Landlord to erect, use and ------------------ maintain pipes, ducts ducts, wiring and conduits in and through the Premisesdemised premises. The Landlord or Landlord's agents shall have the right to enter upon the premises, provided to inspect the same do not reduce same, to perform janitorial and cleaning services and to make such decorations, repairs, alterations, improvements or additions to the floor area to more than a de minimus extentpremises, 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 Complex as the Landlord may deem necessary or desirable, and land or the Landlord shall be allowed to take all material into and upon said demised premises that may be required therefor without the same constituting an eviction of the interest of Landlord thereinTenant in whole or in part and the rent reserved shall in no way xxxxx (except as provided in section 13) while said decorations, 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 hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (includingalterations, 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 throughimprovements, or to keep and store withinadditions are being made, by reason of loss or interruption of business of the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaserTenant, or 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 thereofotherwise. If the Tenant shall not be personally present to open and permit an entry into the Premises said demised premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, the Landlord or Landlord’s 's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefor therefore (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property)) , and without in any manner affecting the obligations and and. covenants of this Lease. Provided that Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building, the complex or any part thereof, other than as herein provided. The Landlord shall incur no material additional expense therebyalso have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to the 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. The Landlord shall exercise its rights of access not be liable to the Premises permitted under Tenant for any of expense, injury, loss or damage resulting from work done in or upon, or 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 Premisesof, any adjacent or nearby Building, land, street or alley, SEE RIDER SECTION 39.

Appears in 1 contract

Samples: Lease Agreement (Argosy Education Group Inc)

Access to Premises. Tenant shall: Landlord's Access. (ia) permit Landlord to Landlord, Landlord's agents and utility service providers servicing the Building may erect, use and maintain pipesconcealed ducts, ducts pipes and conduits in and through the Premises, Premises provided such use does not cause the same do not reduce usable area of the floor area Premises to more than be reduced beyond a de minimus extentminimis amount. Landlord shall promptly repair any damage to the Premises caused by any work performed pursuant to this Article 14. Landlord, any Lessor or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Mortgagee and any other party designated by Landlord and any mortgagee of their respective agents shall have 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, right to enter upon the Premises at all reasonable times, upon not less than 24 hours for prior telephonic notice except in the purposes case of inspection emergency, to examine the Premises, to show the Premises to prospective purchasers, Mortgagees, Lessors or, during the last 15 months of the Term, tenants and their respective agents and representatives or of making repairsothers, replacements or improvements in or to perform Restorative Work to the Premises or the Building, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such Restorative Work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible and shall be subject to the provisions of Section 14.4 below. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, mail chutes, conduits and other mechanical facilities, Building or equipment (includingSystems; Building facilities and Common Areas are not part of the Premises, without limitationand Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, sanitarymaintenance, electrical, heating, air conditioning or other systems) or of complying with all laws, orders alteration and requirements of governmental or other authority or of exercising any right reserved repair. Alterations to Real Property. Landlord by this Lease (including has the right during at any time to (a) change the progress of any such repairsname, replacements number or improvements or while performing work and furnishing materials in connection with compliance with any such lawsdesignation by which the Building is commonly known, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iiib) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage of the Building or of alter the Building and Garage to change the land arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas without any such acts constituting an actual or constructive eviction and without incurring any liability to Tenant, so long as such changes do not deprive Tenant of access to the interest Premises. Landlord shall not exercise any of Landlord thereinits rights pursuant to this Section 14.2, and during to the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing extent doing so would unreasonably interfere with Tenant's use 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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 PremisesGarage.

Appears in 1 contract

Samples: Lease (PMC Sierra Inc)

Access to Premises. Tenant shall: (i) shall permit Landlord to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for Premises, to inspect the purposes of inspection same, to perform janitorial and cleaning services and to make such repairs or of making repairs, replacements or improvements in or alterations to the Premises (hereinafter in this Section 12 the "Cleaning or Alterations") or the Building as Landlord may deem necessary or equipment (includingdesirable, 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 shall be allowed to take all material into and upon said Premises that may be required therefor without the same constituting an eviction of Tenant in whole or throughin part and the rent reserved shall in no wise xxxxx (except as provided in Section 13) while said Cleaning or Alterations, are being made, by reason of loss or interruption of business of Tenant, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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 thereofotherwise. If Tenant shall not be personally present to open and permit an entry into the Premises said Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, to the extent permitted by law Landlord or Landlord’s '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 's agents shall accord reasonable care to Tenant’s 's property), ) and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing herein contained, however, shall 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, other than as herein provided. Landlord shall incur no material additional expense therebyalso 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 locations of entrances or passageways, doors and doorways, and corridors, elevators, toilets, other Common Areas, and parking areas. Landlord shall exercise its rights of access not be liable to Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the Premises permitted under use of, 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 Premisesadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Lease (Cavalier Homes Inc)

Access to Premises. Section 14.1 Tenant shall: (i) shall permit Landlord Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain pipesconcealed ducts, ducts pipes and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, 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); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 therefor (if during such entry Landlord or Landlord’s agents shall accord have the right to enter the Premises at all reasonable care times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers. Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s property)failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, 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 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, in making any manner affecting such repairs, alterations, additions or improvements, shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the obligations and covenants of this Lease. Provided Premises for the Permitted Uses; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur no material any other overtime costs or additional expense therebyexpenses whatsoever, unless Tenant requests the use of such overtime labor and agrees to pay the additional costs to 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 Premisesupon demand.

Appears in 1 contract

Samples: Sublease Agreement (Switch & Data, 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 reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, to enter upon the Premises at all reasonable hours for times, upon reasonable prior notice, to: (a) inspect the purposes Premises; (b) exhibit the Premises to prospective purchasers, lenders or, during the final nine months of inspection the Term or at a time when an Event of making Default exists, prospective tenants; (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, replacements alterations or improvements to any other portion of the Project, provided, however, that all such work shall be done in a commercially reasonable and prompt manner, or to the Premises or the Building or equipment (g) exercise any of its rights hereunder including, without limitation, sanitaryits cure rights under Section 17.1. All such access rights shall be subject to Tenant’s security and confidentiality requirements. Landlord may, electricalin order to carry out such purposes, heatingerect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, 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 course 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 being performed keep and store within, upon the Premises all necessary materialsmaterial, tools supplies, and equipment); , provided that the business of Tenant shall not be adversely affected. For each of the aforesaid purposes, Landlord shall at all times have and (iii) permit retain a key with which to 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. All keys shall be duplicated only by Landlord, at reasonable timesand 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 to the Premises, and any entry to show the Premises during ordinary Business Hours to obtained by Landlord by any existing or prospective mortgagee, purchaserof said means, or assignee otherwise, shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction 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 Tenant from the Premises or any part portion 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 damages caused on account thereof shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s agents may enter the same paid 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. 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 1 contract

Samples: Lease Agreement (Ampio Pharmaceuticals, Inc.)

Access to Premises. Except as otherwise circumscribed in this Lease, Tenant shall: (i) ------------------ shall be granted access to the Premises on a 24 hour, seven days a week, 365 days a year basis. Tenant shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for times to examine the purposes same, to show them to prospective purchasers, mortgagees or lessees of inspection the Building or of making space therein, and to make such decorations, repairs, replacements alterations, improvements or improvements in additions as Landlord may deem necessary or desirable 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage 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 for the purpose of complying with laws, regulations or other requirements of government authorities and Landlord shall be allowed to take all material into and upon the Building Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the land Rent shall in nowise xxxxx while said decorations, repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the interest one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord thereinmay exhibit the Premises to prospective Tenants thereof. If, and during the period of last twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises 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 part thereofcompensation, 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 permissiblePremises, upon not less than two (2) business days’ written notice, except that no notice shall be required in the event of an emergency, Landlord or Landlord’s '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 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided 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 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 understands and agrees that Landlord intends to perform substantial renovation work in and to the public parts of the Building and the mechanical 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 that Landlord shall incur no material additional expense therebyliability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord shall exercise its rights of access the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises permitted under any 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 terms Premises, and provisions Landlord shall have the use thereof, as well as access thereto through the Premises for the purpose of operation, maintenance, alteration and repair. Any entry upon the Premises by Landlord or its agents and any work performed by Landlord or its agents therein pursuant to this Article or any other provision of this Lease shall only be effected after reasonable prior notice to Tenant (which may be telephonic) except in the case of an emergency and shall be performed in such manner as to minimize cause as little disturbance as reasonably possible to the extent practicable interference with Xxxxxx’s use and occupation of the PremisesTenant without any requirement that Landlord utilize overtime or premium pay labor.

Appears in 1 contract

Samples: Agreement of Lease (Global Broadcasting Systems Inc/Fa)

Access to Premises. 13. Landlord or Landlord's agents shall have the right (but shall not be obligated) to enter the 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 Landlord may deem necessary and reasonably desirable to the demised premises or to any other portion of the demised building on which Landlord may elect to perform following Tenant shall: (i) failure 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. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and replace pipes and conduits in and through the Premisesdemised premises and to erect new pipes and conduits therein. Landlord may, provided the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, 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 work in the demised premises, take such repairs, replacements or improvements or while performing work necessary materials and furnishing materials in connection equipment into said premises with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, out the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show same constituting an eviction nor shall the Premises during ordinary Business Hours Tenant be entitled to any existing abatement of rent while such work is in progress for reason of loss or prospective mortgagee, purchaser, interruption of business or assignee otherwise. Throughout the term hereof Landlord shall have the right to enter the demised premises art reasonable hours for purpose of any mortgage showing same to potential purchasers or mortgages of the Building or of the Building and the land or of the interest of Landlord thereinbuilding, and during the period of twelve (12) last 6 months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereofterm for the purpose of showing the same to prospective tenants and may, during said six months period place upon the premises the usual notices "to let" and "for sale" which notices Tenant shall permit to remain thereon with molestation. If Tenant shall is 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, premises Landlord or and Landlord’s 's agents may enter the same when ever such entry may be necessary or permissible by a master keykey or forcible and provided reasonable care is exercised to safeguard Tenant's property and such entry shall not render Landlord or its agents liable therefore, nor in any event shall the obligation of Tenant hereunder be affected. If during the last month of this 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. Landlord shall have the right at any time, without the same constituting an eviction and without incurring liability to Tenant therefore to change the arrangement and/or the location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the building and to change the number of designation buy the building may forcibly enter known. (See Rider) VAULT, VAULT SPACE, AREA: 14. No Vault, vault space or area, whether or not enclosed or covered, not within the sameproperty line of the building is leased hereunder, without rendering anything contained in or indicated on any sketch blue print or plan, or anything contained elsewhere in this lease to the contrary notwithstanding. Landlord 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 agents liable therefor (if during such entry Landlord area be diminished or Landlord’s agents shall accord reasonable care to Tenant’s property)required by any federal, and without in any manner affecting the obligations and covenants of this Leasestate or municipal authority or public Utility. Provided that Landlord shall incur no material additional expense therebynot be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, Landlord nor shall exercise its rights such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of access to the Premises permitted under any of the terms and provisions of this Lease in municipal authorities for such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the Premisesvault or area shall be paid by Tenant.

Appears in 1 contract

Samples: Lease Extension Agreement (Evci Career Colleges Inc)

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice except in case of emergency to (i) examine the purposes same, (ii) to show them to prospective purchasers, mortgagees or lessees of inspection the Building or of making space therein, (iii) to make such repairs, replacements alterations, improvements or improvements in additions as Landlord may deem necessary or desirable 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage 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 upon ten (10) days prior written notice, or (iv) for the purpose of complying with laws, regulations or other requirements of government authorities. Landlord shall be allowed to take all necessary material and equipment into and upon the Building 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 land 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 interest of Landlord therein, and during the period of twelve one (121) months next preceding year prior to the Expiration Date to or the expiration of any person contemplating the leasing of renewal or extended term, Landlord may exhibit the Premises or any part thereof. to prospective tenants thereof If Tenant shall not be personally present to open and permit an entry into the Premises Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergencypermissible subject to the terms and conditions of this Lease, Landlord or Landlord’s 's agents may enter the same by a master key, or may may, in an emergency, forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided 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 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 so long as Tenant continues to have access to the Premises. In addition, Tenant 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 that Landlord shall incur no material additional expense therebyliability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord shall exercise its rights of access the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the 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 permitted under any 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 terms Premises, and provisions Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Landlord shall, in the exercise of its rights under this Lease in such manner as Article 14, use commercially reasonable efforts to minimize disturbance to the extent practicable interference with Xxxxxx’s Tenant's use and occupation occupancy of the Premises.

Appears in 1 contract

Samples: Nextvenue Inc

Access to Premises. SECTION 14.1. (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, electrical, heating, air conditioning or other systems(iii) or for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all laws, orders material into and requirements upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of governmental Tenant in whole or in part and the Fixed Rent (and any other authority or item of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such Rental) shall in no wise xxxxx while said repairs, replacements alterations, improvements, additions or improvements restorations are being made, by reason of loss or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or throughinterruption of business of Tenant, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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 Premisesotherwise.

Appears in 1 contract

Samples: NBC Internet Inc

Access to Premises. 14.1 Landlord reserves the right, and Tenant shall: shall permit Landlord, without any of the same constituting an eviction and without incurring liability to Tenant therefor, (ia) permit Landlord to install, erect, use and maintain maintain, repair and replace pipes, ducts and conduits in and through the Premises; provided, however, that -------- ------- Landlord shall, to the extent reasonably practicable under the circumstances, disguise, conceal or camouflage the pipes, ducts and conduits; (b) to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets or other public parts of the Building, provided that any such changes will not materially decrease the same do not reduce useable square feet of the floor area to more than a de minimus extent, or materially adversely affect the appearance thereofPremises; (iic) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of to change the Building name or address; and (d) to impose such controls as it deems reasonably prudent with respect to access to the Building and land by Tenant's visitors. Landlord or of Landlord's agents shall have 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, right to enter upon the Premises at all reasonable hours for times and, where reasonably feasible, upon reasonable advance notice to Tenant, to examine the purposes same, to show them to prospective or existing purchasers, mortgagees, lessors or lessees of inspection the Building or of making space therein, and to make such decorations, repairs, replacements alterations, improvements or improvements in additions as Landlord may deem reasonably necessary or desirable 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage 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 for the purpose of complying with laws, regulations or other requirements of government authorities and Landlord shall be allowed to take all material into and upon the Building Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the land rent shall in no wise xxxxx while said repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the interest one year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord thereinmay exhibit the Premises to prospective tenants thereof. If, and during the period of last twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Term, Tenant shall have abandoned the Premises and 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 part thereof. If Tenant compensation, and such acts shall not be personally present to open deemed an actual or constructive eviction and permit an entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, have no effect upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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.this

Appears in 1 contract

Samples: Salon Internet Inc

Access to Premises. Section 14.1 (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, ------------ representatives, contractors and employees and the agents, representatives, contractors and employees of public utilities and telecommunications companies servicing the Building to erect, use and maintain concealed ducts, exhausts, pipes, ducts cables, risers and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities and telecommunications companies servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in or restorations (i) as Landlord may reasonably deem necessary to the Premises or to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure within the applicable time or grace period to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, electrical, heating, air conditioning or other systems(iii) or for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all lawsmaterial 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, orders provided Landlord utilizes not more than one hundred (100) square feet of contiguous space therefor, and requirements the Fixed Rent (and any other item of governmental Rental) shall not xxxxx (except to the extent expressly set forth in Section 14.2 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. With respect to any access required under this Section 14.1 (A), other authority or than for the performance of exercising any right reserved to work by Landlord by this Lease reason of clause (including the right during the progress of any such repairsii) above, 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 timesits expense, but subject to show the Premises during ordinary Business Hours recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any existing or prospective mortgagee, purchaser, or assignee of repairs required to be made by it hereunder to remedy 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 condition that either (12i) 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, upon not less than two (2) business days’ written notice, except that no notice shall be required results in 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 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. Provided that Landlord shall incur no material additional expense thereby, Landlord shall exercise its rights denial of access to the Premises permitted under Premises, (ii) threatens the health or safety of 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 occupant of the Premises, (iii) except in the case of a fire or other casualty, materially interferes with Tenant's ability to conduct its business in the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expense in making any repairs, alterations, additions or improvements, and Tenant shall pay to Landlord, as additional rent, within ten (10) Business Days after demand, an amount equal to the difference between the overtime or other premium pay rates and the regular pay rates for such labor and any other overtime costs or expenses so incurred. Except in the case of emergency or for the performance of work by Landlord by reason of clause (ii) above, no access under this Section 14.1(A) shall be permitted to Tenant's trading room during the hours which Tenant conducts its trading operations.

Appears in 1 contract

Samples: Knight Trimark Group Inc

Access to Premises. 13. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the 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 Landlord may deem necessary and reasonably desirable to the demised 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 shall: (i) is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and replace pipes and conduits in and through the Premisesdemised premises and to erect new pipes and conduits therein. Landlord may, provided curing the progress of any work in the demised premises, take any necessary materials and equipment into said premises without the same do not reduce constituting an eviction nor shall the floor area Tenant be entitled to more than a de minimus extent, any abatement of rent while such work is in progress nor to any damages by reason of loss or materially adversely affect interruption of business or otherwise. Throughout the appearance thereof; (ii) upon prior oral/email notice (except that no notice term hereof Landlord shall be required in emergency situations), permit Landlord and any mortgagee of have 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, right to enter upon the Premises demised premises at all reasonable hours for the purposes purpose of inspection showing the same to prospective purchasers 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage mortgagees of the Building or of the Building and the land or of the interest of Landlord thereinbuilding, and during the period of twelve (12) last six months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereofterm for the purpose of showing the same to prospective tenants and may, during said six month period, place upon the premises the usual notices “To Let” and “For Sale” which notices Tenant shall permit to remain thereon without molestation. If Tenant shall is 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergencypremises, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by a master keykey or forcibly and provided reasonable care is exercised to safeguard Tenant’s property and 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 may forcibly enter incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s obligations hereunder. Landlord shall have the sameright at any time, 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), the same constituting an eviction and without in any manner affecting incurring liability to Tenant therefor to change the obligations and covenants arrangement and/or location of this Lease. Provided that Landlord shall incur no material additional expense therebypublic entrances, Landlord shall exercise its rights of access to the Premises permitted under any passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the terms building and provisions of this Lease in such manner as to minimize to change the extent practicable interference with Xxxxxx’s use and occupation of name, number or designation by which the Premisesbuilding may be known.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Harris Interactive Inc)

Access to Premises. Section 14.1. (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, ------------- representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises, provided that the same do does not reduce the floor area result in a reduction (to more than a de minimus minimis extent, or materially adversely affect ) in the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee rentable area of the Building Premises or a -- ------- material change in the layout of the Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building and land or of shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, electrical, heating, air conditioning or other systems(iii) or for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all laws, orders material into and requirements upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of governmental Tenant in whole or in part and the Fixed Rent (and any other authority or item of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such Rental) shall in no wise xxxxx while said repairs, replacements alterations, improvements, additions or improvements restorations are being made, by reason of loss or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or throughinterruption of business of Tenant, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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 Premisesotherwise.

Appears in 1 contract

Samples: Musicmaker Com Inc

Access to Premises. A. Access by Landlord. Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to erect, use use, maintain and maintain pipesreplace, ducts concealed ducts, pipes and conduits in and through the Premises. To the extent reasonably practicable, provided any pipes, ducts or conduits installed in or through the same do not reduce the floor area Premises pursuant to more than a de minimus extent, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice this Article 14 shall be required concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in emergency situations)the Premises. Landlord, permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord thereinLandlord's agents and/or affiliates, and the holder of any lessor under any underlying lease, and their representatives, to Mortgage shall each have free and unrestricted access to and, subject to Section 2.3 hereof, the right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (other than in event of an emergency), which notice may be oral or by telephone, to (i) examine the purposes same, (ii) to show them to prospective purchasers, mortgagees or lessees of inspection the Building or of making space therein, (iii) to make such repairs, replacements replacements, alterations, improvements or improvements in additions as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building or equipment which Landlord may elect to perform ten (including10) days after notice (except in the event of an emergency) to Tenant of Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, without limitation, sanitary, electrical, heating, air conditioning or other systems(iv) or for the purpose of complying with all laws, orders and regulations or other requirements of governmental or other authority or government authorities and (v) to perform "Remedial Work" (as defined in Article 40 hereof) after the failure of exercising any right reserved Tenant to perform the same in accordance with the terms of this Lease. Landlord by this Lease (including the right shall be allowed, during the progress of any such work in and about the Premises, 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, replacements or replacements, alterations, improvements or while performing additions are being made, by reason of loss or interruption of business of Tenant or otherwise, except as otherwise expressly set forth herein; it being understood and agreed that Landlord shall (w) cause any debris or refuse to be removed from the work and furnishing materials area in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises at the end of each day, (x) cause all necessary materialsareas of the Premises adversely affected by Landlord's activities to be cleaned upon completion of such work (y) remove all tools, tools equipment and equipment); other material relating to such work from the Premises upon completion of such work, and (iiiz) permit Landlord, at reasonable times, to show not use the Premises during ordinary Business Hours for the staging of work to be performed by Landlord in any existing or prospective mortgagee, purchaser, or assignee of any mortgage other part of the Building Building. Notwithstanding anything to the contrary contained above, Landlord shall not enter the Premises at times other than normal business hours unless accompanied by an authorized representative of Tenant (provided that Tenant shall make such representative available upon not more than two (2) hours prior notice) or unless required in the event of an emergency. During the Building and the land or of the interest of Landlord therein, and during the period of twelve one (121) months next preceding year prior to the Expiration Date to or the expiration of any person contemplating the leasing of renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof upon reasonable prior notice (other than in event of an emergency), which notice may be oral or any part thereofby telephone. If Tenant shall not be personally present to open and permit an entry into the Premises Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two permissible hereunder (2) business days’ written notice, except that no notice shall be required in an emergencysubject to the terms of this Article 14), Landlord or Landlord’s 's agents may enter the same by a master key, or may forcibly enter the samesame (in event of an emergency only), without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided 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. Any entry upon the Premises by Landlord or its agents pursuant to this Article 14 shall be effected in a manner intended to minimize interference with the conduct of Tenant's business in the Premises (without any requirement 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 utilize overtime or premium-pay labor unless Tenant pays for such overtime or premium-pay costs in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the Premisesadvance).

Appears in 1 contract

Samples: Agreement of Lease (Predictive Systems Inc)

Access to Premises. The Tenant shall: (i) shall permit Landlord the Landlord, its agents and designees, to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided demised premises and to have free access to the same do not reduce premises and any part thereof in the floor area to more than a de minimus extent, or materially adversely affect the appearance thereof; (ii) upon event of an emergency. Upon prior oral/email written notice (except that no notice shall be required in emergency situations), permit circumstances) the Landlord and any mortgagee of or Landlord's agents shall have 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, right to enter upon the Premises at all reasonable hours for premises, to inspect the purposes of inspection or of making same, to perform janitorial and cleaning services and to make such decorations, repairs, replacements alterations, improvements or improvements in or additions to the Premises premises or the Building Project as the Landlord may deem necessary or equipment desirable, and the Landlord shall be allowed to take all material into and upon said demised premises that may be required thereof without the same constituting an eviction of the Tenant in whole or in part, and the rent reserved shall in no way xxxxx (includingexcept as provided in Paragraphs 13 or 14 hereof) while said decorations, 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 lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, by reason of loss or interruption of business of the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaserTenant, or 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 thereofotherwise. If the Tenant shall not be personally present to open and permit an entry into the Premises said demised premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, the Landlord or Landlord’s 's agents may enter the same by a master key, or may forcibly enter the same, without rendering rending the Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, in the exercise of any rights herein provided. The Landlord shall incur no material additional expense therebyalso have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the 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. The Landlord shall exercise its rights of access not be liable to the Premises permitted under Tenant for any of expense, injury, loss or damage resulting from work done in or upon, or 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 Premisesof, any adjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Medialink Worldwide Inc

Access to Premises. Section 14.1. (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, electrical, heating, air conditioning or other systems(iii) or for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all laws, orders material into and requirements upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of governmental Tenant in whole or in part and the Fixed Rent (and any other authority or item of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such Rental) shall in no wise xxxxx while said repairs, replacements alterations, improvements, additions or improvements restorations are being made, by reason of loss or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or throughinterruption of business of Tenant, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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 Premisesotherwise.

Appears in 1 contract

Samples: Teltran International Group LTD

Access to Premises. Section 14.1. (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, electrical, heating, air conditioning or other systems(iii) or for the purpose of complying with all lawsany Requirements, orders a Superior Lease or a Mortgage, 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 shall be allowed to take all material into and upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show that may be required therefor without the Premises during ordinary Business Hours to any existing same constituting an eviction or prospective mortgagee, purchaser, constructive eviction of Tenant in whole or assignee of any mortgage of the Building or of the Building in part and the land or Fixed Rent (and any other item of the interest of Landlord therein, and during the period of twelve Rental) shall in no wise xxxxx (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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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 expressly set forth in Section 14.2 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of the Premisesloss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Focal Communications Corp

Access to Premises. Section 14.1 (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord’s agents, representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises. Landlord, provided Landlord’s agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord’s agents, representatives, contractors, and employees may enter without prior notice to Tenant, provided that Landlord shall nevertheless endeavor to give such notice which may be reasonable under the circumstances), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in restorations (i) as Landlord may deem necessary or desirable to the Premises (if in compliance with a Requirement or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systemsto fulfill an obligation to Tenant) 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage other portion of the Building or of the Building and the land Systems, or of the interest of (ii) which Landlord thereinmay, and during the period of twelve pursuant to Section 4.1 above, elect to perform following ten (1210) 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, upon not less than two (2) business days’ written days after notice, except that no in 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, or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises that may be required in an emergency, Landlord or Landlord’s agents may enter therefore without the same by a master key, constituting an eviction or may forcibly enter constructive eviction of Tenant in whole or in part and the same, without rendering Landlord or such agents liable therefor Fixed Rent (if during such entry Landlord or Landlord’s agents and any other item of Rental) shall 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 under 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 circumstances xxxxx (except to the extent practicable interference with Xxxxxx’s use and occupation expressly set forth in Section 10.1 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of the Premisesloss or interruption of business of Tenant, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Learning Tree International Inc)

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, Landlord’s agents and public utilities servicing the Building to erect, construct, use and maintain maintain, concealed ducts, pipes, ducts conduits, supports, beams and conduits wiring, in and through the Premises, provided Premises as Landlord may deem reasonably necessary or desirable for the same do not reduce the floor area to more than a de minimus extent, Premises 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 for any mortgagee portion of the Building which do reduce the useable areas or the Building and land or efficiency of the interest of Premises, other than to a de minimis extent. Upon 72 hours prior notice to Tenant, Landlord therein, and any lessor under any underlying lease, and their representatives, to or Landlord’s agents shall have free and unrestricted access to and, subject to Section 2.3 hereof, the right to enter upon the Premises at all reasonable hours for times accompanied by a representative of Tenant (i) to examine the purposes same, (ii) to show them to prospective purchasers, mortgagees or lessees (during the last 6 months of inspection the term hereof) of the Building or of making space therein, (iii) to make such repairs, replacements or improvements in or as Landlord may deem reasonably necessary, to the Premises or to any other portion of the Building as may be required by Landlord to make under the terms of this Lease, (iv) to make such decorations, repairs, alterations, improvements or equipment additions therein, 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, after applicable notice and cure periods or (includingv) to make such decorations, without limitationrepairs, sanitaryalterations, electrical, heating, air conditioning improvements or other systems) or additions as may be required for the purpose of complying with all laws, orders and regulations or other requirements of governmental government authorities or other authority insurance bodies having jurisdiction over the Premises 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 Building. In connection with compliance with any such lawsthe work to be performed pursuant to clauses (i), orders or requirements to take upon or through(ii), or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlordor (v) above, at Landlord agrees to use commercially reasonable timesefforts, without being required to use overtime labor, to show minimize any interference with the conduct of Tenant’s business on the Premises, and shall be allowed to take all material and equipment into and upon the Premises during ordinary Business Hours to any existing that may be required therefor without the same constituting an eviction or prospective mortgageeconstructive eviction of Tenant in whole or in part and the Rent shall in no wise xxxxx while said decorations, purchaserrepairs, alterations, improvements, or assignee additions are being made, by reason of any mortgage loss or interruption of business of Tenant, or otherwise, and Landlord shall carry out such access and/or work promptly and diligently; shall consult with Tenant and shall make reasonable efforts to schedule such work in a manner, and in such locations, as to create the least practicable interference with Tenant and/or Tenant’s use of the Building or of the Building Premises, business operations, ingress 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 thereofegress and/or signage. If Tenant shall not be personally present to open and permit an entry into the Premises Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 therefor (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. Provided that Nothing contained in this Article 24, however, shall be deemed or constructed 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 provided in this Lease. Landlord shall incur no material additional expense thereby, Landlord shall exercise its rights of also have access to at all times during the Premises permitted under any of the terms and provisions Term of this Lease in such manner as over the stairwells shown on Exhibit A, for access to minimize to the extent practicable interference with XxxxxxLandlord’s use and occupation portion of the Premisescellar not demised hereunder.

Appears in 1 contract

Samples: Commencement Date Agreement (SoulCycle Inc.)

Access to Premises. Section 14.1 Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to erect, use and maintain pipesconcealed ducts, ducts pipes and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce right to enter the floor area to more than a de minimus extent, or materially adversely affect the appearance thereof; (ii) Premises at all reasonable times upon reasonable prior oral/email notice (except that no such prior notice shall be required in emergency situationscase of emergency), 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 representativeswhich notice may be oral, to have free and unrestricted access to and, subject to Section 2.3 hereof, to enter upon examine 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); and (iii) permit Landlord, at reasonable timessame, to show the Premises during ordinary Business Hours them to any existing prospective purchasers, Mortgagees, Superior Lessors or prospective mortgagee, purchaser, or assignee of any mortgage of the Building or lessees of the Building and the land their respective agents and representatives or of the interest of Landlord therein, and (during the period of last twelve (12) months next preceding of the Expiration Date Term) prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary to the Premises or to any person contemplating other portion of the leasing Building, or (b) which Landlord may 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 after expiration of any applicable notice and cure periods, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be reasonably 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 shall use reasonable efforts to minimize the duration thereof and interference by reason thereof with Tenant's access to and use and occupancy of the Premises in making any repairs, alterations, additions or any part thereof. If Tenant shall not be personally present improvements pursuant to open and permit an entry into the Premises at any time when for any reason an entry therein shall be necessary or permissiblethis Section 14.1, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. Provided provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur no material any other overtime costs or additional expense therebyexpenses whatsoever, unless Tenant shall first pay to Landlord Landlord's reasonable estimate of all incremental cost increases to do so. In such event Tenant shall pay, as Additional Rent upon presentation of appropriate invoices, all additional costs incurred by Landlord in connection therewith. Notwithstanding the foregoing, as to any rights exercised by Landlord to make repairs, alterations, conditions and improvements within the Premises, Landlord agrees that such exercise shall exercise its rights of access to not affect the Premises permitted under any of layout or reduce the terms and provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation floor area of the Premises, except to a de minimis extent. Landlord shall promptly repair and restore any damage to the Premises, including Tenant's Alterations or Tenant's Property, caused by such exercise of Landlord's rights, at Tenant's sole cost and expense (if such exercise was in response to any act or omission constituting a default by Tenant), or at Landlord's sole cost and expense (in all other cases).

Appears in 1 contract

Samples: Agreement of Lease (Barnesandnoble Com Inc)

Access to Premises. 13. Landlord or Landlord's agents shall have the right (but shall not be obligated) to enter the demised premises in any emergency at any time, and upon notice, at other reasonable times, to examine the same and to make such repairs, replacements and improvements as Landlord may reasonably deem necessary and reasonably desirable to the demised 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 shall: (i) is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Tenant shall permit Landlord to erect, use and maintain pipes, ducts and replace pipes and conduits in and through the Premisesdemised premises and to erect new pipes and conduits therein. Landlord may, provided the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, 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 repairswork on the demised premises, 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 materials and equipment); and (iii) permit Landlord, 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 Landlord shall have the right to enter the demised premises at reasonable times, hours for the purpose of showing the same to show the Premises during ordinary Business Hours to any existing prospective purchasers or prospective mortgagee, purchaser, or assignee of any mortgage mortgagees of the Building or of the Building and the land or of the interest of Landlord thereinbuilding, and during the period of twelve (12) last six months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereofterm for the purpose of showing the same to prospective tenants. If Tenant shall is 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergencypremises, Landlord or Landlord’s 's agents may enter the same whenever such entry may be necessary or permissable by a master keykey or forcibly and provided reasonable care is exercised to safeguard Tenant's property and 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 may forcibly enter incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder. Landlord shall have the sameright at any time, 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), the same constituting an eviction and without in any manner affecting incurring liability to Tenant therefor to change the obligations and covenants arrangement and/or location of this Lease. Provided that Landlord shall incur no material additional expense therebypublic entrances, Landlord shall exercise its rights of access to the Premises permitted under any passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the terms building and provisions of this Lease in such manner as to minimize to change the extent practicable interference with Xxxxxx’s use and occupation of name, number or designation by which the Premises.building may be known. Vault, Vault Space, Area:

Appears in 1 contract

Samples: Lease (Maxwell Shoe Co Inc)

Access to Premises. Section 14.1.(A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce agents, representatives, contractors, and employees of public utilities servicing the floor area Building shall have the right to more than a de minimus extent, or materially adversely affect enter the appearance thereof; Premises (iiexcept Secure Areas) at all reasonable times upon reasonable prior oral/email notice (except that no in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter the Premises (including the Secure Areas, provided Landlord, Landlord's agents, representatives, contractors and employees are accompanied into the Secure Areas by a member of the Fire Department or Police Department) without prior notice shall be required in emergency situationsto Tenant and without being accompanied by a representative of Tenant), permit Landlord and any mortgagee of which notice may be oral, to examine the Building same, to show them to prospective purchasers, or the Building and land prospective or of the interest of Landlord thereinexisting Mortgagees or Lessors, 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 hours for the purposes of inspection or of making make such repairs, replacements alterations, improvements, additions or improvements in restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, electrical, heating, air conditioning or other systems(iii) or for the purpose of complying with all lawsany Requirements, orders a Superior Lease or a Mortgage, 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 shall be allowed to take all material into and upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show that may be required therefor without the Premises during ordinary Business Hours to any existing same constituting an eviction or prospective mortgagee, purchaser, constructive eviction of Tenant in whole or assignee of any mortgage of the Building or of the Building in part and the land or Fixed Rent (and any other item of the interest of Landlord therein, and during the period of twelve Rental) shall in no wise abatx (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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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 xxcept to the extent practicable interference with Xxxxxx’s use and occupation expressly set forth in Section 14.2 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of the Premises.loss or interruption of business of Tenant, or otherwise For purposes hereof, "

Appears in 1 contract

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

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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 reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, to enter upon the Premises at all reasonable hours for times and after reasonable notice (expect in the purposes event of inspection an emergency) to: (a) inspect the Premises; (b) exhibit the Premises to prospective purchasers, lenders or tenants; (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 making non-responsibility; (f) make repairs required of Landlord hereunder or repairs to any adjoining space or utility services or make repairs, replacements alterations or improvements to any other portion of the Project, provided, however, that all such work shall be done in a commercially reasonable and prompt manner, or to the Premises or the Building or equipment (g) exercise any of its rights hereunder including, without limitation, sanitaryits cure rights under Section 17.1. Landlord may, electricalin order to carry out such purposes, heatingerect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, 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 course 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 being performed keep and store within, upon the Premises all necessary materialsmaterial, tools supplies, and equipment); , provided that the business of Tenant shall be interfered with as little as is reasonably practicable. For each of the aforesaid purposes, Landlord shall at all times have and (iii) permit retain a key with which to 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. All keys shall be duplicated only by Landlord, at reasonable timesand 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 to the Premises, and any entry to show the Premises during ordinary Business Hours to obtained by Landlord by any existing or prospective mortgagee, purchaserof said means, or assignee otherwise, shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction 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 Tenant from the Premises or any part portion 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 damages caused on account thereof shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s agents may enter the same paid 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. 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 1 contract

Samples: Lease Agreement (ACON S2 Acquisition Corp.)

Access to Premises. Section 14.1. (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in or restorations (i) as Landlord may deem necessary to the Premises or necessary or desirable to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease (provided that (except in the case of emergency) so long as Tenant has commenced such repairs or work within such ten (10) day period and diligently prosecutes same to completion, electricalLandlord shall have no right to perform same), heating, air conditioning or other systems(iii) or for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all laws, orders material into and requirements upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of governmental Tenant in whole or in part and the Fixed Rent (and any other authority or item of exercising any right reserved Rental) shall in no wise xxxxx (except to Landlord by this Lease (including the right during the progress of any such extent expressly set forth in Section 14.2 hereof) while said repairs, replacements alterations, improvements, additions or improvements restorations are being made, by reason of loss or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or throughinterruption of business of Tenant, or to keep otherwise. All materials which Landlord shall take into and store within, upon the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. Provided that Landlord shall incur no material additional expense thereby, Landlord shall exercise its rights of access pursuant to the Premises permitted under any of the terms and provisions of this Lease in such manner Article 14 may be stored within the Premises provided the same is located so as to minimize to the extent practicable interference with Xxxxxx’s use and occupation or disruption of Tenant's normal business operation. Tenant shall have the Premisesright (except in the case of emergency) to have a representative of Tenant accompany Landlord in the Premises when access is permitted hereunder.

Appears in 1 contract

Samples: Agreement (General Media Inc)

Access to Premises. Tenant shall: LESSEE shall (i) permit Landlord LESSOR to erect, use use, and maintain pipes, ducts ducts, and conduits in and through the Premises, provided the same do not materially reduce the floor area to more than a de minimus extent, or materially or adversely affect the appearance thereofLESSEE'S use of the same; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)permit the LESSOR, permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord thereinits representatives, and any lessor under any underlying lease, and their representatives, authorized representative of the Walpole Board of Health to have free and unrestricted access to and, subject to Section 2.3 hereof, and to enter upon the Premises at all reasonable hours for the purposes purpose of inspection inspection, or of for making repairs, replacements replacements, or improvements in or to the Premises Building, or the Building or equipment thereof (including, including without limitation, sanitary, electrical, heating, air conditioning or other systems) ), or of complying to determine compliance with all laws, orders orders, and requirements of governmental or other authority authority, or of exercising any right reserved to Landlord by LESSOR under this Lease (including the right during the progress of any such repairs, replacements replacements, or improvements improvements, or while performing work and furnishing materials in connection with compliance with any such laws, orders orders, or requirements requirements, to take upon or through, through or to keep and store within, within the Premises all necessary materials, tools tools, and equipment); and and, (iii) permit LandlordLESSOR, at reasonable times, to show the Premises during ordinary Business Hours business hours to any existing or mortgagee, prospective purchaser, prospective mortgagee, purchaser, or prospective assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord thereinBuilding, and during the period of twelve (12) months next preceding the Expiration Termination Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant LESSEE 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, upon not less than two (2) business days’ written noticeLESSOR or LESSOR'S agents may, except that no notice shall be required in an emergencyemergency situation, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord LESSOR or such agents liable therefor therefore (if during such entry Landlord LESSOR or Landlord’s LESSOR'S agents shall accord reasonable care to Tenant’s LESSEE'S property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Landlord The rights provided for in subsections (i), (ii) and (iii) hereof shall incur no material additional expense therebybe exercised upon reasonable notice (telephonic or otherwise) if the same is practicable, 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 with minimum practicable interference with Xxxxxx’s use and occupation the conduct of the LESSEE'S business on the Premises.

Appears in 1 contract

Samples: Eco Form International Inc

Access to Premises. Section 14.1 (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts ducts, pipes and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, 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); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 therefor (if during such entry Landlord or Landlord’s agents shall accord have the right to enter the Premises at all reasonable care times upon reasonable prior notice (except in case of emergency), which notice may be oral, to examine the same, to show them 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 to any other portion of the Building, or (ii) which Landlord may elect to perform following ten (10) days after notice following Tenant’s property)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, or (iii) for the purpose of complying with all Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without in the same constituting a breach by Landlord of any manner affecting the obligations and covenants provisions of this Lease. Provided that Landlord , a breach of Tenant’s quiet enjoyment, an eviction or constructive eviction of Tenant in whole or in part, or a release of Tenant’s obligations to pay Fixed Rent, Escalation Rent, or any item of Rental, and except as expressly provided in Section 14.3 hereof, the Fixed Rent, Escalation Rent (and any other item of Rental) shall incur in no material additional expense therebywise xxxxx while said repairs, Landlord shall exercise its rights alterations, improvements or additions are being made, by reason of access to the Premises permitted under any loss or interruption of the terms and provisions business of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the PremisesTenant, or otherwise.

Appears in 1 contract

Samples: www.sec.gov

Access to Premises. The Tenant shall: (i) shall permit Landlord the landlord to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Demised Premises, provided . The Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for Demised Premises, to inspect the purposes of inspection or of making same, to perform janitorial and cleaning services and to make such decorations, repairs, replacements alterations, improvements or improvements in or additions to the Demised Premises or the Building as the Landlord may deem necessary or equipment desirable, and the Landlord shall be allowed to take all material into and upon said Demised Premises that may be required therefor without the same constituting an eviction of the Tenant in whole or in part and the rent reserved shall in no wise abatx (includingexcept as provided in Section 10) while said decorations, 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 alterations, improvements or while performing work and furnishing materials in connection with compliance with any such lawsadditions are being made, orders by reason of loss or requirements to take upon or throughinterruption of business of the Tenant, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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 thereofotherwise. If Tenant shall not be personally present to open and permit an entry into the Premises said Demised Premises, at any time time, when for any reason an any entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, the Landlord or Landlord’s 's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. The Landlord shall incur no material additional expense therebyalso have the right at any time, without the same constituting any actual or constructive eviction and without incurring any liability to the 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 close entrances, doors, corridors, elevators or other facilities. The Landlord shall exercise its rights of access not be liable to the Premises permitted under Tenant for any of expense, injury, loss or damage resulting from work done in or upon, or 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 Premisesof, any adjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Office Lease (Vasco Data Security International Inc)

Access to Premises. The Tenant shall: (i) shall permit the Landlord to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided . The Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, or materially adversely affect the appearance thereof; right upon twenty-four (ii24) upon hours prior oral/email notice (except that no notice for janitorial services or in case of an emergency in which case Landlord 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, notify Tenant as promptly as possible) to enter upon the Premises at all reasonable hours for premises, to inspect the purposes of inspection or of making same, to perform janitorial and cleaning services and to make such repairs, replacements alterations, improvements or improvements in or additions to the Premises premises or the Building as the Landlord may deem necessary or equipment desirable, and the Landlord shall be allowed to take all material into and upon said demised premises that may be required therefor without the same constituting an eviction of the Tenant in whole or in part and the rent reserved shall in no wise xxxxx (including, without limitation, sanitary, electrical, heating, air conditioning or other systemsexcept as provided in Section 10) 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 while said repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, by reason of loss or interruption of business of the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaserTenant, or 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 thereofotherwise. If the Tenant shall not be personally present to open and permit an entry into the Premises said demised premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, the Landlord or Landlord’s 's agents may enter the same by a master key, or may forcibly use reasonable force commensurate with the circumstances to enter the samePremises, without rendering the Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, in the exercise of the rights herein provided. The Landlord shall incur no material additional expense therebyalso have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenant therefor, to change the arrangement and/or location of entrances or passages, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the Building, and to close entrances, doors, corridors, elevators or other facilities. The Landlord shall exercise its rights of access not be liable to the Premises permitted under Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley. Tenant shall permit Landlord and its agents, upon request, to enter and/or pass through the premises or any part thereof, at reasonable times during normal business hours to show the premises to holders of encumbrances on the interest of Landlord, or prospective purchasers, mortgagees, lessors or tenants of the terms and provisions Building or any portion thereof. Landlord shall also have the right to enter and/or pass through the premises, or any part thereof, at such times as such entry shall be required by circumstances of this Lease in such manner as to minimize to emergency affecting the extent practicable interference with Xxxxxx’s use and occupation premises or any other portion of the PremisesBuilding.

Appears in 1 contract

Samples: Lease (Option Care Inc/De)

Access to Premises. The Tenant shall: (i) shall permit the Landlord to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided . The Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for Premises, to inspect the purposes of inspection or of making same, and to make such decorations, repairs, replacements alterations, improvements or improvements in or additions to the Premises or the Building as the Landlord may deem necessary or equipment desirable, and the Landlord shall be allowed to take all material into and upon said Premises that may be required therefor without the same constituting an eviction of the Tenant in whole or in part and the rent reserved shall not abatx (includingxxcept as provided in Paragraph 10) while said decorations, 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 alterations or improvements are being made, by reason of loss or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or throughinterruption of business of the Tenant, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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 thereofotherwise. If the Tenant shall not be personally present to open and permit an entry into the Premises at any time said Premises, when for any reason an entry therein shall be necessary or permissibledesirable, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, the Landlord or Landlord’s 's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. The Landlord shall incur no material additional expense therebyalso have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the 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. The Landlord shall exercise its rights of access not be liable to the Premises permitted under Tenant for any of expense, injury, loss or damage resulting from work done in or upon, or 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 Premisesof, any adjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Lease Amendment Agreement (Mobius Management Systems Inc)

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for times to (i) examine the purposes same, (ii) to show them to prospective purchasers, mortgagees or lessees of inspection the Building or of making space therein, (iii) to make such decorations, repairs, replacements alterations, improvements or improvements in additions as Landlord may deem necessary or desirable 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage 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 laws, regulations or other requirements of government authorities; Landlord shall be allowed to take all necessary material and equipment into and upon the Building 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 land 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 interest one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord thereinmay exhibit the Premises to prospective tenants thereof. If, and during the period of last twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises 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 part thereofcompensation, 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 Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s '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 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided 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 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 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 that Landlord shall incur no material additional expense therebyliability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord shall exercise its rights of access the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the 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 permitted under any of the terms used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use other mechanical facilities, service closets and occupation 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. Any entry upon the Premises by Landlord or its agents pursuant to this Article 14 shall be effected after reasonable notice to Tenant (which notice may be by telephone) except in the case of an emergency and in a manner intended to minimize interference with the conduct of Tenant's business in the Premises (without any requirement that Landlord utilize overtime or premium pay labor).

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for times to examine the purposes same, to show them to prospective purchasers, mortgagees or lessees of inspection the Building or of making space therein, and to make such decorations, repairs, replacements alterations, improvements or improvements in additions as Landlord may deem necessary or desirable 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage 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 for the purpose of complying with laws, regulations or other requirements of government authorities and Landlord shall be allowed to take all material into and upon the Building Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the land Rent shall in nowise abate while said decorations, repairs, alterations, improvements or xxxxxions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the interest one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord thereinmay exhibit the Premises to prospective tenants thereof, and upon reasonable prior notice (which notice may be oral), during regular business hours. If, during the period of last twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises 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 part thereofcompensation, 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 Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s '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 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided 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 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 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 that Landlord shall incur no material additional expense therebyliability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord shall exercise its rights of access the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the 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 permitted under any of the terms used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use other mechanical facilities, service closets and occupation 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.

Appears in 1 contract

Samples: Bridgeline Software, Inc.

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises, provided . Landlord or Landlord’s agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for times to (i) examine the purposes same, (ii) to show them to prospective purchasers, mortgagees or lessees of inspection the Building or of making space therein, (iii) to make such decorations, repairs, replacements alterations, improvements or improvements in additions as Landlord may deem necessary or desirable 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage 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 laws, regulations or other requirements of government authorities; Landlord shall be allowed to take all necessary material and equipment into and upon the Building 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 land 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 interest one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord thereinmay exhibit the Premises to prospective tenants thereof. If, and during the period of last twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises 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 part thereofcompensation, 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 Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. Provided 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 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 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 that Landlord shall incur no material additional expense therebyliability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant’s business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord shall exercise its rights of access the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the 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 permitted under any of the terms used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use other mechanical facilities, service closets and occupation 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.

Appears in 1 contract

Samples: Agreement of Lease (Intralinks Inc)

Access to Premises. Section 15.1. (a) Tenant shall: (i) permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, 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); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s agents may enter and independent contractors, and public utilities servicing the Real Property to have reasonable access to the roof for the purpose of maintenance, repair and replacement of same by a master key, or may forcibly enter and to access all Common Areas within the same, without rendering Landlord or such agents liable therefor (if during such entry Real Property in connection therewith. Landlord or Landlord’s agents shall accord have the right to enter the Premises at all reasonable care times upon (except in case of emergency) reasonable prior notice, which notice may be oral, to examine the same, to show the same to prospective purchasers, Mortgagees or lessees of the Real Property or space therein, and to make such repairs, alterations, improvements or additions, all with as little interruption to Tenant’s property's operation on the Premises as reasonably possible (i) as Landlord may deem necessary or desirable to the roof (to the extent permitted or required pursuant to this Lease), and without 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 failure to make repairs or perform any manner affecting the obligations and covenants of work which Tenant is obligated to make or perform under this Lease. Provided that , , including without limitation for the purpose of complying with Requirements, and Landlord shall incur be allowed to take all material, supplies and equipment 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 Base Rent (and any other item of Rental) shall in no material additional expense therebyrespect 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 exercise its rights of access promptly repair any damage caused to the Premises permitted under any or Tenant's Property by such work, alterations, improvements or additions, except as may be necessary as a result of the terms negligent or willful acts or omissions of Tenant. Tenant shall, at Tenant’s cost, take such action as may be reasonably necessary to grant to Landlord, its agents and provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use independent contractors clearance and occupation access by means of the PremisesSecurity System for the purposes herein set out.

Appears in 1 contract

Samples: Agreement of Lease (Wright Medical Group Inc)

Access to Premises. Upon at least twenty-four (24) hours’ prior oral notice (except that no notice shall be required in an emergency), and subject to the provisions of Section 2.3 hereof, 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 to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, 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); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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) 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, upon not less than two permissible after the giving of nay required notice by Landlord (2) business days’ written notice, except that no notice shall be required in 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 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. 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 XxxxxxTenant’s use and occupation of the Premises.. Landlord acknowledges that Tenant will maintain certain highly confidential materials in a secure area (“Secure Area”) within the Premises, and that Tenant believes that its business is dependent upon its ability to maintain both the actual confidentiality of such materials and also the appearance that such confidentiality has been maintained at all times. Accordingly, the following provisions shall apply to the Secure Area:

Appears in 1 contract

Samples: Learning Tree International Inc

Access to Premises. Section 16.1 (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord’s agents and public utilities servicing the Building to erect, use and maintain pipesconcealed ducts, ducts pipes and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, 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); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 therefor (if during such entry Landlord or Landlord’s agents shall accord have the right to enter the Premises at all reasonable care times upon (except in case of emergency) reasonable prior notice, which notice may be oral, to examine the same, to perform audits or inspections for Hazardous Materials, to show the same to prospective purchasers, Mortgagees or lessees of the Building or space therein, or 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 at least ten (10) days after notice (except in an emergency when no notice shall be required) following Tenant’s propertyfailure to make repairs or Back to Contents perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with Requirements, 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 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. Landlord shall not store materials in the Premises (except during performance of the work), unless they are confined to the area in which such alterations, additions and without in any manner affecting the obligations and covenants of improvements are being performed. In exercising its rights under this Lease. Provided that Landlord shall incur no material additional expense therebySection 16.1, Landlord shall exercise its rights of access attempt to coordinate with Tenant in making any repairs, alterations or improvements in the Premises permitted under any of the terms and provisions of this Lease in such manner as shall use reasonable efforts to minimize to the extent practicable interference with XxxxxxTenant’s use and occupation conduct of business in the Premises, provided Landlord shall not be required to use overtime labor.

Appears in 1 contract

Samples: Agreement of Lease (Progenics Pharmaceuticals Inc)

Access to Premises. Section 14.1. (A) Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, ------------ representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building Building, or equipment (includingii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without limitationprior notice to Tenant), sanitaryfollowing Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, electrical, heating, air conditioning or other systems(iii) or for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all laws, orders material into and requirements upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of governmental Tenant in whole or in part and the Fixed Rent (and any other authority or item of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such Rental) shall in no wise xxxxx while said repairs, replacements alterations, improvements, additions or improvements restorations are being made, by reason of loss or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or throughinterruption of business of Tenant, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in 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 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. 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 Premisesotherwise.

Appears in 1 contract

Samples: Musicmaker Com Inc

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice except in case of emergency to (i) examine the purposes same, (ii) to show them to prospective purchasers, mortgagees or lessees of inspection the Building or of making space therein, (iii) to make such repairs, replacements alterations, improvements or improvements in additions as Landlord may deem necessary or desirable 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage 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 upon ten (10) days prior written notice, or (iv) for the purpose of complying with laws, regulations or other requirements of government authorities. Landlord shall be allowed to take all necessary material and equipment into and upon the Building 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 land 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 interest of Landlord therein, and during the period of twelve one (121) months next preceding year prior to the Expiration Date to or the expiration of any person contemplating the leasing of renewal or extended term, Landlord may exhibit the Premises or any part to prospective tenants thereof. If Tenant shall not be personally present to open and permit an entry into the Premises Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergencypermissible subject to the terms and conditions of this Lease, Landlord or Landlord’s 's agents may enter the same by a master key, or may may, in an emergency, forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided 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 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 so long as Tenant continues to have access to the Premises. In addition, Tenant 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 that Landlord shall incur no material additional expense therebyliability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord shall exercise its rights of access the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the 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 permitted under any 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 terms Premises, and provisions Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Landlord shall, in the exercise of its rights under this Lease in such manner as Article 14, use commercially reasonable efforts to minimize disturbance to the extent practicable interference with Xxxxxx’s Tenant's use and occupation occupancy of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Talkpoint Communications Inc)

Access to Premises. Tenant shall: agrees that Landlord, its agents, employees and servants and any other person authorized by Landlord, may enter the Premises for the purpose of inspecting and making such repairs (i) permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, structural or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situationsotherwise), permit Landlord and any mortgagee of the Building additions, improvements, changes 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 hours for the purposes of inspection or of making repairs, replacements or improvements in or alterations to the Premises or the Building in which the Premises are located as may be required under this Lease or equipment (includingas Landlord may elect, without limitationand to exhibit the same to prospective purchasers or mortgagees of the Project or part thereof, 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 prospective tenants. Tenant grants to Landlord by this Lease (including the right to place in and upon the Premises at such places as Landlord may determine "for rent" signs or notices during the progress last 90 days of the term hereof and Tenant undertakes and agrees that neither Tenant nor any person within Tenant's control will remove or interfere with such signs or notices. Any entry into, inspection of or repairs, additions, improvements, changes or alterations to the Premises or the Building in which the Premises are located by Landlord pursuant to this Article 19 shall not constitute an eviction of Tenant in whole or in part and the Rent payable hereunder reasonably shall not xxxxx (to the extent that such work materially interferes with Tenant's ability to operate in the Premises) while such work is being done by reason of loss or interruption of business of Tenant or otherwise. In the event of any such repairs, replacements additions, improvements, changes or improvements or while performing work and furnishing materials in connection with compliance with any such lawsalterations, 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 LandlordTenant shall, at reasonable timesTenant's sole cost and expense, remove promptly Tenant's fixtures, equipment, inventory and other property to show the Premises during ordinary Business Hours extent required to any existing enable Landlord to make such repairs, additions, improvements, changes or prospective mortgagee, purchaser, or 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 thereofalterations. If Tenant or Tenant's agents or employees shall not be personally present to open and permit an entry into the Premises at any time when and for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergencypermissible under this Lease, Landlord or Landlord’s 's agents or employees may enter the same Premises by a master key, or may forcibly enter the same, forcible entry without rendering Landlord or such agents liable liability therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without terminating this Lease or in any manner affecting the obligations and covenants of this Lease. Provided obligations, covenants, terms or conditions herein contained, provided that Landlord shall incur no material additional expense therebyrepair any damage caused by such forcible entry. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord shall exercise its rights any obligation or liability whatsoever for care, supervision, repair, improvements, additions, change or alteration of access to the Premises permitted under or the Building in which the Premises are located or any of the terms and provisions of part thereof other than as expressly provided in this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the PremisesLease.

Appears in 1 contract

Samples: Asset Purchase Agreement (Restaurant Teams International Inc)

Access to Premises. Tenant shall: (i) permit 22.1 Upon reasonable notice to Tenant, Landlord reserves and shall at all times have the right to enter the Premises at all reasonable times to inspect same, to supply any service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, mortgagees or tenants, to post notices of nonresponsibility, and to alter, improve or repair the Premises and any portion of the Building, without abatement of Rent or Additional Charges, and may for that purpose erect, use and maintain scaffolding, pipes, ducts conduits and conduits other necessary structures in and through the PremisesPremises where reasonably required by the character of the work to be performed, provided that the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, to enter upon the Premises at all reasonable hours for the purposes of inspection or of making repairs, replacements or improvements in or entrance 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord thereinshall not be blocked thereby, and during further provided that the period business of twelve (12) months next preceding the Expiration Date Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenants business, any person contemplating the leasing loss of occupancy or quiet enjoyment of the Premises or any part thereofother loss occasioned thereby. If Tenant For each of the aforesaid purposes, Landlord shall not be personally present 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 (designated in advance), and Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open and permit an entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required said doors in an emergency, Landlord or Landlord’s agents may enter in order to obtain entry to any portion of 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)Premises, 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 entry to the Premises permitted or portions thereof obtained by Landlord by any of said means, or otherwise, shall not under any circumstances 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 also have the right at any time, without 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 and other public parts 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 PremisesBuilding.

Appears in 1 contract

Samples: Netgateway Inc

Access to Premises. Tenant shall: (i) permit Landlord shall have access to erect, use and maintain pipes, ducts and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, or materially adversely affect the appearance thereof; (ii) Premises upon 24-hours prior oral/email notice (except that in an emergency, when no notice shall be required in emergency situations)required) to: (a) inspect the Premises; (b) exhibit the Premises to prospective purchasers, permit Landlord and any mortgagee lenders or tenants (during the last 180 days of the Building Term); (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 the Building and land repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the interest Building, provided, however, that all such work shall be done in a commercially reasonable and prompt manner, or (g) exercise any 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 hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (its rights hereunder including, without limitation, sanitaryits cure rights under Section 17.1. Landlord may, electricalin order to carry out the purposes stated at clauses (a) through (g) above, heatingerect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, 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 course 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 being performed keep and store within, upon the Premises all necessary materialsmaterial, tools supplies, and equipment, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. 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 (including the portion thereof on the second floor of the Building); , excluding Tenant’s vaults and safes, if any. Except for locks called for by the Initial Tenant Improvements (iii) permit for which Tenant shall provide keys and security codes to Landlord as required by the preceding sentence), 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. Except for locks called for by the Initial Tenant Improvements, all keys shall be duplicated only by Landlord, at reasonable timesand 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 to the Premises, and any entry to show the Premises during ordinary Business Hours to obtained by Landlord by any existing or prospective mortgagee, purchaserof said means, or assignee otherwise, shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction 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 Tenant from the Premises or any part portion 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 damages caused on account thereof shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s agents may enter the same paid 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. 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 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

Access to Premises. Tenant shall: (i) shall permit Landlord to erect, use and maintain pipes, ducts pipes and conduits in and through the Premisesdemised premises. Landlord and Landlord's agents shall have the right to enter the demised premises at all times, provided to examine the same do not reduce the floor area and to more than a de minimus extentmake such repairs, alterations, additions and improvements as Landlord may deem necessary or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice 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 emergency situations)whole or in part, 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 hereofthe provisions of Article 11 above, to enter upon the Premises at all reasonable hours for the purposes of inspection or of making rent reserved shall in no way xxxxx while such repairs, replacements alterations, additions or improvements in are being made, by reason of inconvenience, annoyance or injury to the Premises or business of Tenant because of 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 prosecution of any such work. Landlord agrees to use reasonable efforts to minimize the interference with Tenant's use of the demised premises as resulting from the completion of such repairs, replacements alterations, additions or improvements or while performing work improvements. Landlord and furnishing materials in connection with compliance with Landlord's agents are expressly granted permission to inspect the demised premises at any such laws, orders or requirements to take upon or through, or to keep reasonable time and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours demised premises at any reasonable time to any existing or prospective mortgageetenants, purchasermortgagees, or assignee of any mortgage of the Building or purchasers, lessees of the Building and the land or of the other persons with a business 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 demised premises at any time when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergencypermissible under this lease, Landlord or Landlord’s 's agents may (after attempting to provide reasonable verbal notice to Tenant except in an emergency situation in which event Landlord shall not be required to attempt to provide such notice) enter the same by a master key, or in the event of emergency may forcibly enter the same, demised premises without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants obligations, terms, covenants, conditions, provisions or agreements of this Leaselease. Provided Landlord shall have the right to change the name, number and designation by which the Building is commonly known; provided, however, that Landlord shall incur no material additional expense therebynot be permitted to change Tenant's Sign (as hereinafter defined). Nothing herein contained, however, shall be deemed or construed to impose upon Landlord shall exercise its rights of access to any obligation, responsibility or liability whatsoever for the Premises permitted under any care, supervision or repair of the terms and provisions of Building or any part thereof, other than as otherwise provided in this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use and occupation of the Premiseslease.

Appears in 1 contract

Samples: Canyon Center Office Lease (Hagler Bailly Inc)

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises, provided . Landlord or Landlord's agents shall have the same do not reduce the floor area to more than a de minimus extent, 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 free and unrestricted access to and, subject to Section 2.3 hereof, right to enter upon the Premises at all reasonable hours for times after reasonable prior notice (which may be oral or telephonic, except in the purposes event of inspection an emergency in which case no such notice shall be required) to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees of making the Building or space therein, (iii) to make such decorations, repairs, replacements alterations, improvements or improvements in additions as Landlord may deem necessary or desirable 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 times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage 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 laws, regulations or other requirements of government authorities; Landlord shall be Allowed to take all necessary material and equipment into and upon the Building 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 land 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 interest of Landlord therein, and during the period of twelve one (121) months next preceding year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to any person contemplating prospective tenants thereof upon reasonable prior notice to Tenant (which may be oral or telephonic). If, during the leasing last four (4) months of the Premises 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 part thereofcompensation, 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 Premises, at any time time, when for any reason an entry therein shall shall, be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s '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 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, or 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 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 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 that Landlord shall incur no material additional expense therebyliability to Tenant, nor shall Tenant be entitled to any abatement of Rent on account of any noise, vibration or other disturbance to Tenant's business at the Premises (PROVIDED that Tenant is not denied access to said Premises) which shall arise out of the performance by Landlord shall exercise its rights of access the aforesaid renovations of the Building. Tenant understands and agrees that all parts (except surfaces facing the 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 permitted under any of the terms used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and provisions of this Lease in such manner as to minimize to the extent practicable interference with Xxxxxx’s use other mechanical facilities, service closets and occupation 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. Notwithstanding anything to the contrary contained in this Lease, in the exercise of its rights under this Article 14, Landlord agrees to use reasonable efforts to minimize material interference with the conduct of Tenant's business (PROVIDED, HOWEVER, that nothing contained herein shall require Landlord to employ labor on an overtime or premium-pay basis).

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

Access to Premises. Tenant shall: (i) shall permit Landlord Landlord, its agents and designees, to erect, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 Premises 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, the Premises and any part thereof in the event of an emergency. Landlord or Landlord's agents shall also have the right to enter upon the Premises at all reasonable hours for Premises, to inspect the purposes of inspection or of making same, to perform janitorial and cleaning services, and to make such decorations, repairs, replacements alterations, improvements or improvements in or additions to the Premises or the Building Project as Landlord may deem necessary or equipment desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required thereof without the same constituting an eviction of Tenant in whole or in part, and the rent reserved shall in no way abate (includingexcept as provided in Sections 13 or 14 hereof) while said decxxxxxons, 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 lawsalterations, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing by reason of loss or prospective mortgagee, purchaserinterruption of business of Tenant, or 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 thereofotherwise. If Tenant shall not be personally present to open and permit an entry into the Premises said Premises, at any time time, when for any reason an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, Landlord or Landlord’s '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 's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations and covenants of this Lease. Provided that Nothing contained in this Section 10, however, shall 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 the exercise of any rights herein provided. Landlord shall incur no material additional expense therebyalso 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 exercise its rights of access not be liable to Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the Premises permitted under use of, 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 Premisesadjacent or nearby building, land, street or alley.

Appears in 1 contract

Samples: Asset Purchase Agreement (Biotel Inc.)

Access to Premises. Section 14.1. (A) Subject to the provisions of Section 14.1(C) below, Tenant shall: (i) shall permit Landlord Landlord, Landlord's agents, representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain pipesmaintain, ducts concealed ducts, pipes and conduits in and through the Premises. Landlord, provided Landlord's agents, representatives, contractors, and employees and the same do not reduce the floor area to more than a de minimus extentagents, or materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations)representatives, permit Landlord contractors, and any mortgagee employees of public utilities servicing the Building or shall have 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, right to enter upon the Premises at all reasonable hours for times upon reasonable prior notice (except in the purposes case of inspection an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or of making prospective or existing Mortgagees or Lessors, and to make such repairs, replacements alterations, improvements, additions or improvements in or restorations (1) to the Premises (i) as Landlord is required to perform pursuant to this Lease, or (ii) which Landlord may elect to perform following ten (10) days after notice, except in the Building 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 equipment perform any work which Tenant is obligated to make or perform under this Lease, or (including, without limitation, sanitary, electrical, heating, air conditioning or other systemsiii) or for the purpose of complying with all lawsany Requirements, orders and requirements of governmental a Superior Lease or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairsa Mortgage, 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 (iii2) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaser, or assignee of any mortgage other portion of the Building as Landlord may deem necessary or of the Building and the land or of the interest of Landlord thereindesirable, and during the period of twelve (12) months next preceding the Expiration Date Landlord shall be allowed to any person contemplating the leasing of take all material into and upon the Premises that may be required therefor without the same constituting an eviction or any constructive eviction of Tenant in whole or in 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, upon not less than two (2) business days’ written noticeand, except that as set forth in Section 14.5 hereof, the Fixed Rent (and any other item of Rental) shall in no notice shall be required in an emergencywise xxxxx while said repairs, Landlord alterations, improvements, additions or Landlord’s agents may enter the same restorations are being made, by a master keyreason of loss or interruption of business of Tenant, 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. 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 Premisesotherwise.

Appears in 1 contract

Samples: Agreement of Lease (Liveperson Inc)

Access to Premises. The Tenant shall: (i) shall permit Landlord the Landlord, its agents and designees, to erectinstall, use and maintain pipes, ducts ducts, wiring and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, 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 Premises 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, the Premises and any part thereof in the event of an emergency. The Landlord or Landlord's agents shall have the right to enter upon the Premises at all reasonable Premises, during usual business hours for and upon prior notice to Tenant, to inspect the purposes of inspection or of making repairssame, 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 perform janitorial and requirements of governmental or other authority or of exercising any right reserved cleaning services and to Landlord by this Lease (including the right during the progress of any make such repairs, replacements or improvements or additions to are in the Premises as the Landlord may deem necessary. The Rent reserved shall in no way abatx (xxcept as provided in Section 14) while performing work and furnishing materials in connection with compliance with any such lawsrepairs, orders or requirements to take upon or throughimprovements, or to keep and store withinadditions are being made, by reason of loss or interruption of business of the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours to any existing or prospective mortgagee, purchaserTenant, or assignee otherwise; provided that except in the case of any mortgage an emergency, Landlord shall make reasonable effort to coordinate repairs with Tenant in an effort to minimize the impact 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 thereofnoise. If the Tenant shall not be personally present to open and permit an entry into the Premises said Premises, at any time when for any reason to an emergency an entry therein shall be necessary or permissible, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergency, the Landlord or Landlord’s 's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property)therefor, 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 the Landlord any separate obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, in the exercise of any rights herein provided. Provided that Landlord shall incur no material additional expense thereby, Landlord shall exercise its rights of reasonable access to the Building and the Premises permitted under shall be maintained and the business of Tenant shall not be interfered with or disrupted unreasonably Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the 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 terms Building and provisions of this Lease in such manner as to minimize close entrances, doors, corridors, elevators or other facilities. The Landlord shall not be liable to the extent practicable interference with Xxxxxx’s Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the use and occupation of, any adjacent or nearby building, land, street or alley, unless resulting from the gross negligence or willful misconduct of the PremisesLandlord or its agents.

Appears in 1 contract

Samples: Asset Purchase Agreement (Spanish Broadcasting System of New York Inc)

Access to Premises. Tenant shall: shall (i) permit Landlord to erect, use and maintain pipes, ducts and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, or materially adversely affect the appearance thereof; (ii) upon prior oral/email oral notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and land Premises or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have free access to, and unrestricted access to and, subject to Section 2.3 hereof, to enter upon 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 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 of Landlord by under 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 (iiiii) permit Landlord, at reasonable times, to show the Premises during ordinary Business Hours business hours to any existing or prospective mortgagee, ground lessor, purchaser, or assignee of any mortgage mortgagee, of the Building or of the Building and the land Premises or of the interest of Landlord therein, and during the period of twelve last nine (129) months next preceding of the Expiration Date term, to any person contemplating prospective space lessee. In non-emergency situations, such oral notice shall be given at least one (1) business day prior to the leasing of proposed entry. In emergency situations, even though no notice is required, Landlord nevertheless shall make a reasonable effort to give Tenant notice before entering. Tenant shall have the Premises or right to have a representative present during any part thereofproposed entry by Landlord, except in emergency situations. 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, upon not less than two (2) business days’ written notice, except that no notice shall be required in an emergencypermitted by the provisions of this Lease, Landlord or Landlord’s agents 's agents, after taking reasonable efforts to notify Tenant, 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 's agents shall accord use reasonable care with respect to Tenant’s '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 Tenant's use and occupation occupancy of the Premises. If, as a result of any of Landlord's activities described in this Section 9.02, Tenant is unable to use five (5) or more of its loading docks, or twenty-five thousand (25,000) square feet or more of its Premises for five (5) consecutive business days or more, a just and proportionate part of the Rent, based on the portion of the Premises rendered unusable, shall be suspended and abated from such fifth (5th) business day until such use is restored. Neither Landlord, nor its agents, servants, or employees shall be under any duty to inspect the Premises (other than the roof and the structural elements) during Tenant's occupancy thereof unless and until Tenant has notified Landlord in writing of the need of repairs for which Landlord is responsible.

Appears in 1 contract

Samples: Lease Agreement (Cosmetic Center Inc)

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