Adjacent Excavation. If an excavation shall be made upon land adjacent to the Building, or shall be authorized to be made, Tenant shall afford the person causing (or authorized to cause) such excavation access to the Premises for the purpose of doing such work as said person shall deem necessary to preserve or protect the Building or any portion thereof from injury or damage and to support the same by proper foundation, in all events without any claim for damages or indemnity against Landlord or diminution or abatement of Rent.
Adjacent Excavation. Section 32.01. If an excavation shall be made upon land adjacent to the Real Property, 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 Demised Premises for the purpose of doing such work as said person shall deem necessary to preserve the walls and other portions of the Building from injury or damage and to support the same by proper foundations and no such entry shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or said person.
Adjacent Excavation. If an excavation is made upon land adjacent to the Building, or is authorized to be made, then Tenant, upon reasonable advance notice, shall grant to the Person causing or authorized to cause such excavation a license to enter upon the Premises for the purpose of doing such work as said Person deems necessary to preserve the Building from injury or damage and to support the same by proper foundations, without any claim for damages or indemnity against Landlord, or diminution or abatement of Rental. Landlord acknowledges that Landlord’s right to access the Premises as provided in this Section 31.14 is subject to the provisions of Article 9 hereof.
Adjacent Excavation. If an excavation shall be made upon land adjacent to the demised premises, or shall be authorized to be authorized to cause such excavation, license to enter upon the demised premises for the purpose of doing such work as said person shall deem necessary to preserve the wall or the building of which demised premises form a part from injury or damage and to support the same by proper foundations without any claim for damages or indemnity against Owner, or diminution or abatement of rent. Rules and 36. Tenant and Tenant's servants, employees, Regulations: agents, visitors, and licensees shall observe faithfully, and comply strictly with, the Rules and Regulations annexed hereto and such other and further reasonable Rules and Regulations as Owner or Owner's agents may from time to time adopt. Notice of any additional rules or regulations shall be given in such manner as Owner may elect. In case Tenant disputes the reasonableness of any additional Rule or Regulation hereafter made or adopted by Owner or Owner's agents, the parties hereto agree to submit the question of the reasonableness of such Rule or Regulation for decision in the New York office of the American Arbitration Association, whose determination shall be final and conclusive upon the parties hereto. The right to dispute the reasonableness of any additional Rule or Regulation upon Tenant's part shall be deemed waived unless the same shall be asserted by service of a notice, in writing upon Owner within ten (10) days after the giving of notice thereof. Nothing in this lease contained shall be construed to impose upon Owner any duty or obligation to enforce the Rules and Regulations or terms, covenants or conditions in any other lease, as against any other tenant and Owner shall not be liable to Tenant for violation of the same by any other tenant, its servants, employees, agents, visitors or licensees.
Adjacent Excavation. SECTION 30.1. If an excavation shall be made upon land adjacent to the Premises, or shall be authorized to be made, Tenant shall, upon reasonable advance notice, afford to the person or entity causing or authorized to cause such excavation, a limited license to enter upon the Premises for the purpose of doing such work as said person or entity deems necessary to preserve the walls of any building located on the Premises from injury or damage and to support the same by proper foundations without any claim for eviction or constructive eviction, damages or indemnity against Landlord, or diminution or abatement of Rental.
Adjacent Excavation. 44 Section 31.14. United Nations Plaza................................. 44 EXHIBITS A DEFINITIONS B CLEANING SPECIFICATIONS LANDLORD'S WORK PREMISES RULES AND REGULATIONS THIS AGREEMENT OF LEASE, made as of the 11th day of May, 1999, between 866 U.N. PLAZA ASSOCIATES LLC ("Initial Landlord"), a New York limited liability company, having an office c/o MRC Management LLC, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and xXXXX.xxx, INC. ("Initial Tenant"), a Delaware corporation, having an office at Xxx Xxxxxx Xxxx, Burlington, Vermont 05402.
Adjacent Excavation. Section 34.01. If an excavation shall be made upon land adjacent to the Building, or shall be authorized to be made, Tenant shall, to the extent that Landlord is required so to do, afford to the person causing or authorized to cause such excavation, license (subject to the same provisions applicable hereunder in the case of work to be performed by Landlord) to enter upon the Demised Premises for the purpose of doing such work as said person shall deem necessary to preserve the walls and other portions of the Building from injury or damage and to support the same by proper foundations and no such entry shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution or rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or said person.
Adjacent Excavation. If an excavation or other substructure work shall be made upon land adjacent to the Demised Premises, 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 Demised Premises for the purpose of doing such work as shall be necessary to preserve the wall of or the Building from injury or damage and to support the same by proper foundations without any claim for damages or indemnity against Landlord, or diminution or abatement of rent provided, however, in the exercise of its rights under this Section 36.01, Landlord shall exercise commercially reasonable efforts to cause any Persons accessing the Demised Premises to not unreasonably interfere with Tenant’s ability to operate its business at the Demised Premises. Additionally, Tenant acknowledges that in connection with any construction which may be performed upon the Building or upon land adjacent to the Real Property or for any other reason, any windows in the Demised Premises may have any view and light therefrom temporarily or permanently (but only if required by Legal Requirements) obstructed or cut off and Tenant agrees that neither Landlord nor any partners thereof, known or unknown, nor any shareholders, officers or directors thereof, if Landlord be a corporation, nor anyone claiming by, through or under Landlord or any of the foregoing, shall have any liability therefor and same shall not constitute an actual or constructive eviction, nor affect the obligations of Tenant hereunder in any manner whatsoever.
Adjacent Excavation. Provided that in connection with any construction carried on in accordance and upon compliance with the provisions of Section 33 hereof, it shall be necessary or appropriate for there to be an excavation made on land proximate to the Building, Tenant shall afford Landlord license to enter the Premises for the purpose of doing work reasonably necessary to preserve the Building from injury or damage and to support same, provided that Landlord shall use all commercially reasonable efforts to minimize interference with or disruption to Tenant's business operation at the Premises and that Landlord shall otherwise comply with the provisions of said Section 33 in connection therewith.
Adjacent Excavation. SHORING.......................................................................... -99- ARTICLE 29
